Welcome to PASconcept, the new Concept to Provide Project Administration Services online..
THIS LEGAL AGREEMENT BETWEEN YOU AND AXZES, LLC. (“Axzes”), GOVERNS YOUR USE OF THE PASconcept SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
Axzes is the provider and entity which owns the copyright of the software PASconcept and its services, which permits you to utilize certain Internet services, including but not limited to, storing your personal content and making it accessible on your compatible devices, computers and certain location based services. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. You consent and agree that Axzes may maintain information related to your account, including technical or diagnostic information related to your use that may be used by Axzes to support, improve and enhance PASconcept’s services. By accepting this Agreement, you represent that you understand and agree to the foregoing Terms and Conditions.
Site Certificate Information. PASconcept understands that the security of your personal and business information is very important to you. When a user submits business and/or personal information and documents to and from PASconcept.com, the process is done through our secure servers. The pasconcept.com service allows only secure browsers to access the system. The browser's "secure mode" is in place only when the user is logged into the system. The user will notice that they are in a secure mode when their browser displays a special icon on the lower bar of their browser window. Every secure page (i.e. every part of the user interface) on pasconcept.com has been secured with a digital certificate by VeriSign, Inc., or a VeriSign partner. This is shown via the “Site Certificate” that is present on all secure pages. To view this certificate, click on the image on the closed lock on the bottom bar of your browser window. A small frame displaying the site security information will appear. This allows the user to verify the site certification authority and shows that the user is on projectplace.com or a sub-domain of projectplace.com, e.g. uk.projectplace.com. PASconcept is secured with a GoDaddy.com Web Server Certificate to enhance the security and protection of its users. Transactions on the site are protected with up to 256-bit Secure Sockets Layer (“SSL”) encryption. SSL is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. SSL is an industry standard and is used by millions of websites in the protection of their online transactions. If your password is not working for any reason, you can re-establish your identity with the system as follows:
A password system has been established to ensure that only the User can access his or her personal information and project places. The required minimum password length is 6 characters. We recommend that you use a random combination of letters, numbers and capital letters to provide added protection and security (Example: 'Hfg678jk' would be a good password).
Each time you login to the system you will be required to authenticate your identity by entering your previously supplied e-mail address and password. Upon a successful login, you are issued a unique "session ID" (does not include any personal identifiable information) which allows you to remain active so long as actions are performed in the system in thirty minute intervals, any further actions require you to re-enter your e-mail address and password.. If an incorrect password is supplied, or if you simply forget your password, you may need to re-establish your identity following the instructions set out above. After an undisclosed number of unsuccessful login attempts, you will be locked out.
Protection of Transmitted Information. We use encryption technology to ensure the safe transmission of your information and documents when logged into the system. Your browser provides security by allowing us to use SSL encryption as far as 128-bit key length encryption when transmitting information and documents. The number of bits of secret key length varies between 40 and 128 depending on your browser’s capability. The highest available bit length is always used. All communication between your computer and pasconcept.com is encrypted using SSL.
Protection of Stored Information. PASconcept takes numerous measures to protect a client’s information which includes:
In addition to client data, some personal information is stored in our databases and in browser cookies. For a complete list of what personal and demographic information is stored at pasconcept.com, please refer to our Privacy Statement.
Internet Connection and Server Architecture. The pasconcept.com server farm consists of a range of redundant hardware components including:
Backup routines. PASconcept has implemented the following backup routines:
1.1 “User” means the individual who registers a user account and gains access to the services provided by PASconcept.
1.2 “Workspace” means a single service with a defined set of subscription terms and limited group of users who are authorized to access the service.
1.3 “Services” mean the web services, the entire User’s workspaces, associated software, and other services related thereto provided to the User by PASconcept in accordance with this Agreement.
1.4 “Trial Service” means a Workspace or Service, which is provided free of charge or which is under development or evaluation and is marked “free”, “demo”, “trial” or “evaluation” (or a similar designation).
1.5 “Content” means all visual, written, audible data, information or material including but not limited to: Documents, spreadsheets, text messages, form entries, web pages and similar material which are either: uploaded and transferred, publicly posted, processed or entered into the Services by the User.
1.6 “Web Site” means PASconcept’s web site at www.pasconcept.com.
1.7 “Employer” means the legal entity entitled to ownership of the e-mail address used by the User upon registering and to which the User is associated through an employment relationship, consulting arrangement or similar circumstances. “Employer” shall not be interpreted as an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilized by the User.
2.1 Subject to the Terms and Conditions of this Agreement, PASconcept hereby grants the User a non-transferable, non-exclusive and non-sublicensable limited term right and license for the User to access and use the Services.
2.1 Subject to the Terms and Conditions of this Agreement, PASconcept hereby grants the User a non-transferable, non-exclusive and non-sublicensable limited term right and license for the User to access and use the Services.
2.3 The Services are normally available over the internet at all times. PASconcept is entitled to take measures that affect the aforementioned accessibility where PASconcept deems such to be necessary for technical, maintenance, operational or security reasons.
2.4 The User may grant other specified individuals access to the User’s Workspaces.
2.5 PASconcept shall be entitled to retain subcontractors for the performance of obligations in accordance with this Agreement. PASconcept shall be liable for the subcontractors’ work and services in the same manner as for its own work and services.
2.6 In the event that the User enters into this Agreement and creates a user account using an e-mail address belonging to an Employer, such user account may later become subject to additional terms and conditions resulting from the Employer’s existing or future business relation with PASconcept. The User is aware of and acknowledges that the Employer, in such an event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services. Such actions may include but are not limited to, administrative actions by the Employer, instructions issued by the Employer to PASconcept and actions due to a discontinuation of an employment or consulting relationship with the User.
2.7 If payment(s) has not been satisfied in accordance with the specified contract, Axzes reserves the right to interrupt the service(s) without the User’s prior consent and without notice.
2.8 The User agrees that interruptions with the service are possible without prior notice and without the User’s consent and Azxes is not liable for the foregoing.
3.1 Trial Services are provided strictly “as is” without any representations or warranties, express or implied. The User may use a Trial Service in a manner consistent with the Terms and Conditions of this Agreement, however, PASconcept may, at its discretion, disable certain features of a Trial Service and enforce time limits on the User’s rights. In addition, PASconcept reserves the right to limit the use and magnitude of the data that a user enters into the system. Even though a Trial Service is provided free of charge, PASconcept disclaims all warranties, representations and liabilities set forth in this Agreement. PASconcept shall not be liable for any damages related to the User’s use of a Trial Service.
4.1 The User must comply with the security and administrative regulations as notified by email, in conjuction with registration and additionally made available in the Web Site.
4.2 The User undertakes, in conjunction with registration, to provide the correct and up to date information regarding the User’s identity and a correct and legitimate e-mail address.
4.3 The User shall be responsible for the activities conducted through the use of the Services and shall ensure compliance with national laws in conjunction therewith. All content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.
4.4 The User shall be responsible for monitoring its Workspaces and shall be liable vis-à-vis PASconcept for ensuring that Content transferred to or handled within the Services which are processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violate governing legislation and that the User possesses such necessary licenses from third parties as may be required in order to process the Content/use the Services.
4.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services. Additionally, the User is aware and acknowledges that it is not permitted to use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.
4.7 The User undertakes not to use the Services in any of the following ways: for the purpose of obtaining material which if sent to another party may injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret(s), or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.
4.9 The User is obligated to notify PASconcept regarding a suspected breach of any provision.
4.10 Unexpected errors may occur throughout a users services and Axzes is extinguished from all liability in regards to system errors.
5.1 PASconcept shall hold the title to all intellectual property rights and technical solutions or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the User in the manner stated in this Agreement. Under no circumstances shall the User or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services, or to any trademark or any other business mark belonging to or used by PASconcept. Access to the Services is licensed, not sold.
5.2 All content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall remain the sole property of the User or its respective legal owner. PASconcept shall have no liability for such Content.
6.1 In order for the User to be able to use the Services, the User must provide certain specified data to PASconcept, including but not limited to: full name, e-mail address and contact details. In the event that the User registers a user account following an invitation from another user or customer to PASconcept, such information may have been provided to PASconcept by the inviting User or customer to PASconcept. Following receipt of such data, PASconcept will process the same using automatic data processing in order to enable PASconcept to administer and perform its obligations within the scope of the Services and to ensure that unauthorized persons do not gain access to the Services. As provided in section 11, Confidentiality, PASconcept will not disclose to any third party personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User. The User also has the right and the obligation to rectify such data. PASconcept’s administrators are available to obtain and enter into the system the employee’s personal information as well as user-delicate information.
6.2 In order for the User to use the Services, the User must allow PASconcept to store and retrieve session information on the User’s end terminal equipment through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services.
6.3 According to the “Personal Data Act” (1998:204), PASconcept must obtain the consent of registered persons (i.e. the User) for the processing of the relevant personal data by PASconcept.
6.4 According to the “Electronic Communications Act” (2003:389), PASconcept must obtain the consent of the registered persons (i.e. the User) for the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.
6.5 PASconcept shall adopt reasonable measures to protect the privacy of the User. PASconcept’s information gathering and dissemination practices are set forth in the Privacy Statement.
By accepting this Agreement, the User explicitly consents to: (a) the collection and processing by PASconcept of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information.
7.1 The User shall ensure that identities, passwords, and the equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorized use of the Services. PASconcept shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.
7.2 Where it is suspected that any unauthorized person has learned of the User’s identity and/or password, the User shall immediately inform PASconcept.
7.3 The User shall be liable for any loss or damages incurred by PASconcept where the User intentionally or negligently reveals the user’s identity/password to a third party or where the user’s identity and password otherwise becomes known to an unauthorized party, unless the User notifies PAS Concept immediately upon suspicion that such event has occurred.
7.4 After PASconcept has been notified that a suspected unauthorized person has learned of the User’s identity/password, the unauthorized user shall be liable for PASconcept’s acts or omissions where the unauthorized user has acted with intent or gross negligence.
8.1 To the extent permitted by law, PASconcept expressly disclaims all warranties with respect to the Services, whether expressed or implied, including but not limited to: fitness for a particular purpose, accuracy or reliability of results from the use of the Services, that the Services will meet specific requirements, uninterrupted services, complete security, free of software errors or that defects and deficiencies in the Services will be corrected.
9.1 The User will not be entitled to any damages or any other remedies in the event of the disruption of operations or errors that impede or interrupt internet data communications.
9.2 In the event that third-party claims are brought against PASconcept as a result of the use of the Services, the User shall hold PASconcept harmless and relieved from all liability in respect to such claims
9.3 Under no circumstances shall PASconcept be liable for direct or indirect losses, loss of profits or anticipated savings, loss of revenue, loss of data, or claims for compensation from third parties.
9.4 PASconcept will not be liable to the User in relation to the contents of, or use of, or otherwise in connection with this website for any business losses, loss of revenue, income, profits or anticipated savings, loss of business relationships or loss or corruption of information or data.
10.1 PASconcept will be released from all liability in damages and other sanctions where the User's access to the Services are prevented or rendered materially onerous due to circumstances beyond PASconcept’s control. Such events include: labor conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator’s network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, energy or other similar circumstances.
11.1 PASconcept undertakes to not disclose to any third party, or otherwise make available, information received by PASconcept from the User within the scope of this Agreement. “Third party” in this section shall not mean the users who have access to the same Workspace, unless the Users’ authorization and access to the Workspace is specifically restricted by the User. This confidentiality obligation shall not apply to such information that PASconcept can demonstrate became known to PASconcept other than pursuant to this Agreement or which is in the public domain, nor shall the duty of confidentiality apply where a party is obligated to provide information pursuant to legal provisions, public authority regulations or court orders. The duty of confidentiality shall remain in force notwithstanding the termination of this Agreement.
11.2 PASconcept shall be entitled to review content which is publicly posted through the Services’ web publication features. PASconcept also reserves the right to analyze usage patterns in an aggregated form.
11.3 Except for the Content mentioned above and other than pursuant to the User’s instructions, legal provisions, public authority regulations or court orders, PASconcept shall not be entitled to review content processed by the User via the Services.
11.4 Companies that collaborated for the development of PASconcept, such as Eastern Engineering Group (“EEG”), are not liable for issues arising out of this Agreement, the services, or projects within PASconcept. EEG is not considered a “third party.” EEG is relieved from all liability pertaining to any disputes arising from or related to common projects between EEG and another firm or user that have a conflict of interest appertaining to data manipulation.
12.1 PASconcept reserves the right to amend the terms and conditions of this Agreement at any time without prior notice. The User shall be informed of such amendments by e-mail or through the information being made available on the Web Site.
13.1 The User is legally bound by the said Terms and Conditions at the time of acceptance and shall remain binding for an indefinite period of time until all Workspaces and user accounts have been closed.
13.2 Upon termination of a Workspace or this Agreement, PASconcept shall not be responsible for the content generated within the scope of the Workspace in question or the Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc., of the content that the User desires to retain.
13.3 Upon the active termination of a Workspace by the User, PASconcept shall be entitled to immediately delete and destroy all content within the scope of the Workspace. In the event of the expiration of the subscription term of a Workspace and in the absence of the User’s renewal, PASconcept shall be entitled to delete and destroy such content thirty (30) calendar days following the expiration date.
13.4 Upon termination of a Workspace or this Agreement for any reason, PASconcept shall be entitled to permanently delete and destroy all copies of the User’s Content related thereto within a reasonable timeframe relating to the back-up and administrative procedures applied by PASconcept from time to time. (me parece que esto esta repetido)
13.5 Sections 9 and 11 shall survive any termination of this Agreement.
13.6 If any provision of this website disclaimer is found to be unenforceable under applicable law, the aforementioned will not affect the enforceability of other provisions of this website disclaimer.
14.1 PASconcept shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to prematurely terminate this Agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for PASconcept or any third party; (c) the User uses the Services in a manner that violates PASconcept’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilizes resources or seeks unauthorized access to PASconcept’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.
15.1 PASconcept shall be entitled, in whole or in part, to assign its rights and obligations under this Agreement to a company within the same de jure or de facto group of companies as PASconcept without the User’s prior consent or approval.
15.2 The User shall not be entitled to assign his/her rights or obligations under this Agreement under any circumstances.
16.1 This Agreement has been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of this Agreement are provided solely for reasonable accommodation purposes.
17.1 This Agreement and the ensuing relationship between PASconcept and the User shall be construed in accordance with, and governed by, the laws of the United States.
17.2 All disputes relating to this Agreement shall be adjudicated in Florida, United States with the District Court of the State of Florida.
18.1 The User agrees to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practices in the applicable jurisdiction. If your use of the Service or other behavior intentionally or unintentionally threatens PASconcept’s ability to provide the Service, PASconcept is entitled to take all reasonable steps necessary to protect the Service and PASconcept’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.
19.1 The User and Axzes agree that all disputes between them arising out of or relating to this Agreement or its services shall be submitted to mediation.
20.1 If maintenance is required and for some reason any complications with the Service arises, Axzes shall not be held liable for any further consequences.
21.1 You agree to defend, indemnify and hold Axzes harmless for any claim or demand, including reasonable attorneys’ fees, made by a third party. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service.
Privacy Statement. Axzes has created this Privacy Statement to demonstrate PASconcept’s commitment to privacy and protection for its users. Further, Axzes takes all reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration and/or destruction. The following discloses how the information is gathered and disseminated.
Personal Information and Sharing. For every visit to PASconcept’s login page, the IP address, web browser and domain are automatically recognized. This information is not used to personally identify the user. Axzes uses the IP address to help diagnose possible problems with our server farm and internet connection. Axzes does not sell or market this information to any third party. Periodically however, Axzes aggregates this information internally and analyzes it to help improve and advance the performance of the services. During the registration/sign-in process, the new PASconcept administrator provides personally identifiable information such as name, email address, etc. This information is used primarily to identify the new PASconcept user in our service, which is required for the login process. The individual user account is based on email addresses and passwords. Users may opt –out of receiving emails and other promotional material. Refer to the Opt-out section described below. Axzes reserves the right to use the registered information of PASconcept’s users for Customer Relation Management (“CRM”), unless the user chooses to opt-out. Once the PASconcept administrator user is logged in, personal information such as name, title, company or organization, postal address, phone and fax number, etc. This information is shared only with the users the administrator chose to share within a project, and is also visible by Axzes in the user account profile. Axzes does not share, sell or market this information with any third party. Throughout the registration process, the personal information provided is used primarily for billing purposes and to contact the User in the event that there is a problem arising from the account. This information is shared with our discretion and under nondisclosure agreements to Axzes’ billing partners. Axzes has chosen to outsource invoicing, collection of receivables and credit card payments to partners. Axzes does not sell billing information to any third party, and billing partners of Axzes shall not contact PASconcept registered users for their own purposes under any circumstances. This information is collected and owned by Axzes only. The PASconcept application clearly indicates which information is mandatory and which is optional. By registering optional information, the PASconcept user will benefit by receiving additional user guidelines and manuals via post or email. PASconcept contains links to other sites. Axzes is neither responsible nor liable for the content or privacy practices of such websites.
Security. PASconcept recognizes the importance of security for its users. For that reason, great care is exercised with the information entered in the PASconcept user account in a secure manner. This process encompasses security measures to protect data loss, misuse and alteration of the information under Axzes’ control. Internally, Axzes restricts access to personally identifiable information to its employees. All Axzes employees require executing a comprehensive non-disclosure Agreement with the company. The information shared between different users will be defined by the administrator, according to the privileges assigned to each beneficiary of PASconcept. Data Backups of companies using PASconcept are scheduled on a regular basis, stored encrypted and safely locked up. For further PASconcept security information, please visit PASconcept Security Policy
Choice/Opt-out. PASconcept application provides users with the opportunity to opt-out from receiving undesired communications during the registration/sign-up process. Once the User is logged in, this option can be modified on the “User Options” screen under the “Preferences” tab. The registered users who chose not to opt-out will receive periodical newsletters regarding PASconcept’s services. Axzes may use this information to contact PASconcept users for customer surveys, CRM, sales and marketing purposes.
Change/Modify. PASconcept’s users are able to change or modify personal information provided in the user account once they have logged in using the user email address and password. A user's profile could be modified by clicking on the corresponding menu. PASconcept administrators can change or modify any information provided in the project account by logging in using their email address and password. In turn, PASconcept administrators must go to the project and click on the “Administration” icon. Project account information fields can be updated by clicking on the displayed tabs on top of the page.
Deactivation. Axzes provides its users with the opportunity of removing their information from the Axzes database. In addition, PASconcept users will no longer receive any future charge or communication from the application services by deleting their user account.
Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the Agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
Modification. This Agreement may be supplemented, amended, or modified exclusively by Axzes.
Miscellaneous. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and parties, and the remainder of the said Agreement shall remain in effect.
By accessing and/or using our software, you are acknowledging that you have read and understood PASconcept’s terms and conditions and agree to be legally bound by them.
If you have any questions or any other inquiries, you can contact: