Terms and conditions

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PayGatePOS Service Terms
Published on May, 7 2015
Entry into force: May, 8 2015
Update: October, 5 2015



8SISTEMAS (Eight Systems), Brazilian company, registered under tax id number 19.140.719/0001-56, under the trade name 8SISTEMAS, located in the city of Aracaju, the state of Sergipe, Brazil, institute the following Service terms to use PayGatePOS system, in addition to the website use, software, and services added to it. The terms follow. Several terms (words) are used throughout the following document (term), the definition of terms follows:

  • OUR: from 8SISTEMAS, Legal Entity
  • IT: PayGatePOS, software, service, site, or aggregated systems
  • WE WANT: same definition of WE
  • SOFTWARE: same definition of IT
  • US: 8SISTEMAS, Legal Entity
  • YOU: user featured at PayGatePOS system



These are the Service Terms ("Terms") governing the relationship between PayGatePOS, including their website, software and services ("PayGatePOS ") and its members. By using PayGatePOS you fully agree to these terms. If you are using it for a company, you agree to these Terms for the company as well. If you do not agree with something, do not use the PayGatePOS.



On the signing by people unable
Using the PayGatePOS must be made by individuals able or legal entities.
Registration incapacitated individuals must be done accompanied by his legal representative, which which will be contacted in the event of criminal and judicial measures.
By definition are considered individuals incapable: minors, the usual drunks, addicts toxic, and that by mentally handicapped, have reduced insight, exceptional without full mental development, in addition to lavish. and for these, the approved registration must be accompanied by a legal representative, which which will be contacted in cases of criminal and judicial measures. Such terms is based on Article 4 of the Brazilian Civil Code, and can be updated under the laws of the country of origin of the individual in cases of non-Brazilian nationality.



On your data
By using PayGatePOS, you enter various data, including but not limited to user profiles, customer names, comments on projects and tasks, files, emails, sales, and other things ("Data"). This data is yours and not PayGatePOS. We have not and will never have any ownership over them. However, we will need to host this data, process them and edit them to generate reports and graphs, perform analysis, give warnings, suggest actions and a number of other things that are directly related to the offering of PayGatePOS. So we will store, access and process this data. Using PayGatePOS you give us permission to do this directly and also through third parties of our trust.

In addition, you authorize us to use your data to perform statistical studies and others who may be published in aggregate form in various public media. Rest assured, your individual data can never be identified by the general public.



Regarding the ownership of PayGatePOS
PayGatePOS is ours. You can use it according to this Service Terms, but the source code, the brand, the technical, design, processes, reports, and others who help us to characterize PayGatePOS is owned by us and they should not be used by you in any way that is not previously authorized in writing by us. You agree that you will not do, try to do, or help someone to do any reverse engineering or attempt to access the source code and database structure in relation to PayGatePOS. Your comments and suggestions are very welcome and can generate innovations and implementations that can be incorporated into PayGatePOS, but that does not give you any kind of right over them, even though you have paid for the implementation of these suggestions. You do not have and will not have any property, ownership or direct or indirect interest in PayGatePOS.



On your Responsibilities
PayGatePOS is not responsible for what you do through him. In fact, you are the one responsible for it. Therefore, you should only enter and share data if you have all the rights associated with them, mainly intellectuals. Your responsibility also includes the protection of your password to access PayGatePOS. If someone has access to it, it is you who will take responsibility for what is done by this person through PayGatePOS. PayGatePOS is not responsible for intrusions, unauthorized access, tampering, manipulation or deletions of your data made by third parties or not authorized by you. PayGatePOS has no obligation to guard or provide logs and connection logs about access to the application that may be directed to your account in the system. You acknowledge that PayGatePOS can send emails with jobs created for customers you refer, so you take full responsibility for the same by any understanding concerning unsolicited "spam".



Acceptable Use of PayGatePOS
We want you to use all the flexibility of PayGatePOS to work creatively and productively. However, it is unacceptable that you publish:

  • Pornographic, prejudiced, racist or offensive material.
  • Lobbying or advocacy of crime or information about illegal activities;
  • Pornography and illegal activities including children under eighteen (18) years;
  • Files or encrypted or password protected pages that contain inappropriate information defined in these rules;
  • Libelous, who falsely attributed to someone actually defined as a crime, insulting remarks that offend the dignity or decorum of someone and defamatory statements, blaming someone actually offensive to its reputation;
  • Information concerning software piracy;
  • Material protected by copyright or industrial rights, being forbidden to publish photos, text or sound files or videos without permission of the representative of the responsible work or business.



Moreover, it is forbidden:

  • The use of the SOFTWARE outside the conditions set forth herein;
  • Translate, decompile, copy images, code, screens, or any part of the SOFTWARE for use abroad;
  • Rent, lease, resell, assign or transfer your license;
  • Modify the product or merge all or any part thereof with another program;
  • Remove or alter any copyright notice, trademark, or other proprietary rights notice placed in PayGatePOS.



On PayGatePOS offering mode
PayGatePOS is available exclusively through this document, through a Software Agreement License temporary, limited, non-exclusive, non-transferable, revocable. You acknowledge that you did not buy PayGatePOS, but only has a use license. Under no circumstances you will have access to the source code of PayGatePOS.



On PayGatePOS Plans
PayGatePOS can be used according to various plans, which are described in plans.php page.

The plans and their characteristics (such as price, number of users, disk space and others) can be modified, and even extinct, by us at any time. But you have the right to remain in the plan chosen by the contracted term. For example, if you are on an annual plan and it is modified, you will only be affected by that one year after the initial hiring. If you are on a monthly plan, this modification will be applied at the end of next month. Note that we will make the best efforts to migrate you automatically to a level compatible with your needs and let you know about it at least 30 days in advance, including offering the possibility of cancellation without charge, through your e-mail address registered PayGatePOS. In effect, the free monthly plans are considered.



The monthly adjustment for Brazilian customers
The fees will be adjusted annually by the accumulated integral variation of the INPC (National Index of Consumer Prices), or at any time whenever the variation of the same index, or other that may replace it in the event of its termination, result in a percentage higher than 10% (ten percent).



The monthly adjustment to customers outside of Brazil
The fees will be adjusted annually by the accumulated integral variation in the price of the currency of the plan in relation to the Brazilian Real, or at any time whenever the variation of the same index, or others who come in to replace it if your extinction result in a percentage higher than 10% (ten percent).



Advertising
From the moment you create your account at PayGatePOS you become our customer, and as such, allows us to put your company's name and logo on our website and other communications with third parties.
If you fail to use PayGatePOS for more than 90 days, we will understand that you are no longer our customer and such authorization will be automatically canceled.



On Revenues
If you have opted for a Paid Plan, we will bill you automatically, in advance, from the migration date and at each periodic renewal until canceled. You are responsible for paying the applicable taxes, and we'll include these taxes in the collection if we are required by law to do so. If you migrate a Paid Plan to a higher Paid Plan, we will charge the difference between the two plans in the first invoice. If you migrate a Paid Plan for Paid Plan bottom, we discount the credit that you have not used and will charge the difference only when this credit is fully consumed by the new Paid Plan. If you migrate a Paid Plan to a Free plan, there will be no kind of refund. It is important to note that simply not using the system does not interfere with amounts owed by hiring plan chosen by you at PayGatePOS. That is, you will not be free of full payment of the plan simply hired not using the service that is available to you. If you no longer want to pay for PayGatePOS, you should formally cancel your contract plan or migrate to a Free plan, if available.



Technical Support
It is very important that you know the operation of PayGatePOS to extract the maximum value it can offer you. To this end, we provide a series of training materials on-line through the HELP link at PayGatePOS.
Additionally, we provide clarification on the operation of PayGatePOS and its operation, only during business hours (9am - 12am 2pm - 6pm GMT -3). Of course, We assume that you have knowledge of the operation of your computer and operating system you are using and how it connects to the Internet as well as on how it accesses websites. If you choose to call us, the cost of such call is yours. We give preference to contacts made via e-mail, at the address [email protected], Signing any plan at PayGatePOS does not guarantee you any technical support that exceeds the provisions of this document. If you identify a fault, vulnerability, instability or incident involving PayGatePOS, you agree to maintain confidentiality and to immediately inform the company through the [email protected] 8sistemas.com email



Backup
PayGatePOS is not required to perform or provide security copies "backups" of your data stored on the platform, leaving you require export your data, whenever it suits you, by email to [email protected] . Understand that before an exclusion or deletion of your data, by you or third parties, we can not have earlier versions of its recoverable databases.



Cancellation
You can cancel your Paid Plan on PayGatePOS at any time, but you will not be refunded under any circumstances, even in cases where there is no use of the system, except in cases provided by law.



Deleting Data
If you are in a Free plan and spend more than 12 months without accessing PayGatePOS, we reserve the right to delete all your data. If you already are on a Paid Plan, we will delete the data 12 months after your last payment and offer the possibility at any time within this period, you receive a file with your data ("Dump File") in standard CSV format (Comma Separated Values). Of course, we will notify you about erasing at least 30 days in advance through your e-mail address registered at PayGatePOS. We do not have the obligation to export your data in any format different from that described herein.



Rescission
You can stop using PayGatePOS at any time, except in cases where different signed contract with one of our representatives, where the system usage plans has other terms, such as the possibility of loyalty by different reason. We also reserve the right to suspend or terminate the offer of PayGatePOS any time, at our discretion and without notice, except in cases in different signed contract with one of our representatives, where there are different clause.



PayGatePOS is "AS IS"
We make our best efforts to provide PayGatePOS in an exemplary manner, but there are certain things we can not guarantee. TO THE EXTENT ALLOWED BY LAW,PayGatePOS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS NO WARRANTY, EXPRESS OR IMPLIED, AS TO ITS OPERATION, OR AVAILABILITY OF THE CONFIDENTIALITY OF DATA STORED AT PayGatePOS. PayGatePOS IS PROVIDED "AS IS". ALSO DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.



Disclaimer
TO BE ALLOWED BY LAW, IN NO EVENT PayGatePOS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR

  • (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER PayGatePOS WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF RESPECT THIS INDEMNIFICATION, AND EVEN IF A PROTECTION FAILS OF ITS ESSENTIAL PURPOSE
  • (B) IN AGGREGATE LIABILITY ALL RELATED PAYMENT REQUESTS TO SERVICES IN TOP VALUE R$ 50 (FIFTY BRAZILIAN REAL) OR THE AMOUNTS PAID BY YOU TO PayGatePOS DURING THE PAST 12 MONTHS USE.



Completeness of understanding
These Terms constitute the entire agreement between you and PayGatePOS, and cancel and supersede any prior or contemporaneous agreements, except contract if signed with one of our representatives, in which case the term is used as a principal, and the contract signed amends is used as the main term. They do not create any third party beneficiary rights.



Resignation, independence of the clauses and assignment
The fact that we do not we demand the fulfillment of something that is combined here does not constitute a waiver of our right to do so later. If you notice that a provision is invalid, the remaining provisions of the Terms remain in full force and a valid term will replace the void term, reflecting our intention as much as possible. You should not assign any of its rights under these Terms and any such attempt is void. PayGatePOS may assign its rights to any of its affiliates or subsidiaries or any party who will succeed him in the participation of any company associated with us.



Term and Modifications
The term of these Terms is undetermined.

These terms may, and probably will be, revised from time to time, and the latest version will be published on our website. You will be notified via your e-mail address registered on PayGatePOS case review significantly reduces their rights. Your continued access or use the Services after revisions become effective, it is understood that you agree to follow the revised Terms.



Dispute resolution
There is nothing more important to us than the good relationship with our customers. Therefore, You agree to contact us and try to informally resolve any dispute that may occur. If within 15 days we can not solve, then both you and we can open a formal judicial process. If this occurs, it is decided that we will use the Central Court of the City of Aracaju / SE in Brazil, waiving any other, however privileged.



8SISTEMAS, recognizes and faith of the terms mentioned above, and digitally signs one way of this contract to the registered user who accept the terms