These terms and conditions of use for the online resource management tool within a company/organization (hereinafter: the Service), shall be a component to this Agreement on use of RESOURCEFLEX, concluded by and between the Provider and the User.
IT IS OF UTMOST IMPORTANCE to read and understand the terms and conditions within this text,
The words used in this text shall have the following meaning:
- ITgma: Company for computer programming and consulting services ITGMA DOO Skopje is a company registered in compliance with the Macedonian laws, and offers its online tool for resource management under the brand and trademark Resourceflex and provides the service as Provider/Service Provider (hereinafter: ITgma and/or Provider);
- Site – domain: it refers to the website https://resourceflex.com/ and the subdomains thereof, via which the service is provided;
- Client: legal and/or natural person registered for user account, with assigned "Admin" authorization, through whom the service is usually charged, if not otherwise agreed;
- Service: resource management tool, which is enabled through the web application uploaded on online platform, accessed through the website https://resourceflex.com/. The tool enables registration of a number of users profiles with predetermined functionalities and authorizations within one user account;
- User account: the account obtained on the platform https://resourceflex.com/ with the registration of the entity (legal or natural person) as a Client, through which a special instance in the web application is created where the entity organizes and manages the resources by registering users' profiles with predetermined and custom-made functionalities and authorizations;
- Registered user: every user that can use the service, based on user account and/or subaccount;
- User profile: is an account or sub-account assigned to employees within one User account. The user account is predetermined, with already identified authorizations, functionalities and permissions that cannot be changed, or customized with authorizations, functionalities and permission assigned by the Administrator;
- Predetermined profile: types of profiles that can be selected within one user account;
- Customized profile: profile whose authorizations, functionalities and access permissions are determined by the User Account Administrator;
- Provider: ITgma, in the capacity of service provider;
SERVICE AND SERVICE PROVISION
The service is provided solely through the access by registered Users.
The user can register and use the service only if she/he accepts these terms and conditions.
The service is provided with the collection of a fee corresponding to the number of issued licenses to registered users within one instance set up for a company/organization.
The service is provided through non-exclusive and nontransferable access license. The Service License is issued exclusively for internal use of the service within a company/organization, without permission for further sub-licensing.
The service is provided as it is. When using the service, the Users are not allowed to modify it, perform reversible programming or any other modifications or upgrades.
The service can be accessed through the publicly available website https://resourceflex.com/.
Service use
The service can be used only by registered users.
Account, content and authorizations
You have to create an account to be a registered user. To register, compatible devices and internet access are required, and occasional software updates might be required on the device you use for accessing.
Subscriber account
Subscriber account is an account of a user who is subscribed to the service and owns all its functionalities, in accordance with the authorizations and permissions assigned by the Administrator.
Provisional trial account
The provisional account is an account assigned for a certain time period, free-of-charge, usually for a period no longer than 30 days. This is a trial period in which the User can use the service to the extent which is sufficient to the User to decide whether the service meets his/her expectations.
The provisional account can migrate into subscriber account at the moment the User decides to subscribe to the service.
Opening an account
Depending on the profile, when opening an account, you will be required to provide the following data:
- If you sign up for and on behalf of your company/organization, you will be given an admin profile. For this purpose, the following information is required in the registration field: name and surname, username, password and email address, company/organization name on whose behalf you create the profile as Administrator, job position and country.
- If you are registering as a user who is signing up for an account through a link provided by Admin, you need to enter the following data: name and surname, username, password and email address.
- At the end of the registration of your personal profile, by confirming the tab/button: “I agree”, you as user accept these terms and conditions and the entire content of the Terms and Conditions of Use, as well as the Privacy Policy.
By registering, you agree to provide accurate and complete information when you register and while using the Service (Service Registration Data) and you agree to update the data to be accurate and complete at any time. Failure to provide accurate, updated and complete information when registering for the service, may serve as basis for suspending and/or terminating your Account.
Once you have successfully registered, you will also receive an automatically generated message at the email address you registered with, with activation and confirmation link, after which you can freely login to the page at any time, in accordance with the rights, authorizations and permissions assigned by the Admin.
In addition, we are underlying that the Service is projected and intended for your personal use as individual, within the assigned authorizations and permissions, and therefore you should not share your account information and/or password with another person.
Account setup and login
In terms of how your personal account works, getting related notifications of its use, configuration, and how you can log in and change the password at any time, go to the field: settings, available to you after you sign in to your personal account.
Managing multiple accounts
ITgma does not interfere or limit the User in terms of number of open accounts, as well as sub-accounts with predetermined profiles within a single user account. You can have an unlimited number of accounts and subaccounts.
The number of user accounts, as well as the number of subaccounts within one company/organization is important for determining the price and the service package/price package and payment method.
Access to a Member/User account and content
ITgma reserves the right to take such measures as it deems reasonably necessary or appropriate to secure and/or verify the compliance of the service use with any part of this Agreement.
Privacy Policy
ITgma undertakes a high level of protection of your personal data which you voluntarily provide when registering your account for the purpose or using the service. For more information on the collection, processing, storage, transfer and piling of your personal data, and our responsibilities in this regard, please read attentively our Privacy Policy, as well as our Cookies Policy;
The Privacy Policy is available at any time at the following link: https://resourceflex.com/Privacypolicy.
The content and your conduct
“Content” is all information that is displayed, uploaded and published on the site and entered in the application, such as data files, written text, software, graphics, trademarks, photos, images, sounds, videos, messages and other similar material.
The content includes the database created by you when using the service. The content you create while using the service is stored in a specially created database that is linked to your specially created instance within the application.
The content created by you can be solely accessed by you or your colleagues with who you work together and share data and content within a specially created instance, in accordance with your access authorizations assigned by the Administrator. Detailed information on accessing the content and the data on a specially created instance can be obtained from the Administrator, who assigns the authorizations and permissions in accordance with your personal profile.
Our administrators and programmers have access to the content created by you solely for the purpose of its maintenance and upgrading.
Your conduct and responsibilities when using the service
By agreeing to these terms and conditions you agree that you will NOT use the service to:
- participate in copyright or other intellectual property rights violations (including uploading content that you are not authorized to upload online);
- upload, post, email, broadcast, store or otherwise share material that contains viruses or any other computer code, files or programs that are intended to harm, interfere with, or restrict the normal operation of the Service (or any part thereof) or other computer software or hardware;
- obstruct the Service (including accessing the Service through automated means, such as scripts and web crawlers) or servers or networks connected to the Service, or any policies, conditions or regulations of the Service-related networks (including unauthorized access to, use of);
- plan or participate in any illegal activity;
You also hereby acknowledge that ITgma shall not in any way be responsible for any content uploaded by you in relation to the use of service and shall have no obligation to check such content.
In other words, everything you upload on the https://resourceflex.com/ is your personal responsibility and if with this content you violate any rights (material and/or moral) you shall be responsible for such actions.
However, if the content created or uploaded by you is inappropriate to these Terms and Conditions, we reserve the right to remove any content deemed to breach any of these terms or if there is a claim/report of a breach of legal regulations by a third party.
Notification on Intellectual Property Rights
Information on trademark
The logo of Resourceflex, as well as other trademarks, service marks, interface graphics, ITgma graphics and logos used in connection with the Service are trademarks or registered trademarks of ITgma. By using the Service, you do not obtain any right or license to use any of the listed trademarks and you agree that you will not remove, conceal or modify them (including the notices on trademarks and copyright) that may be enclosed or contained in the Service.
The entire software used on this site, its content, development, as well as parts of the service, including but not limited to: photos, tools and/or applications, belong solely to ITgma. The user hereby agrees to respect and is familiar with the fact that the use of the content is forbidden without prior written consent.
Site Users Notifications
ITgma publishes updated announcements and necessary information on the site in order to inform Users with notifications of interest in using the Service.
ITgma shall respond to any request you make on the use of the service within a reasonable period of time, not exceeding 24 hours. However, it reserves the right not to respond to requests that are not related to the products/services offered on the site or through an Agreement concluded with the Member or the Buyer, received on any means of communication (electronic, phone, SMS, etc).
Newsletters, notifications and other announcements on current benefits
When registering an account or accessing the Service, in addition to regular use, if you wish you may subscribe to receive notifications and benefits regarding the use of the Service, by subscribing to receive Newsletters and/or notifications electronically delivered by ITgma.
This subscription is free, and you can subscribe to it by entering your email address in the “subscribe” field. After entering the email address you will receive a message to confirm the subscription by clicking on the confirmation link.
Your consent to receive Newsletters and/or Notifications can be withdrawn at any time:
- by using the appropriate link (for opt-out) in the content of the received Newsletter and/or Notification or by calling the following phone number: +389 2 32 20 439
- by using the options available through the User account, by changing the option for receiving Newsletters and/or Notifications
- by contacting ITgma contact person, by using the tools on the Customer Contact page, without any additional mutual obligations between the parties
Canceling the subscription to receive Newsletters and/or Notifications does not imply a cancellation of the provisions of this Document in the Service Use section.
In terms of the content of the Newsletters and/or Notifications, ITgma shall not include any other advertising material in the form of content that refers to any third party who is not a partner to ITgma.
Deletion of personal account by Member/Buyer
You may close your account at any time and/or terminate the use of the Service. If you wish to delete/terminate, you can do so by using the option: “Delete Account”.
By deleting the account, your data will be permanently deleted, except for the data which we are legally and contractually obliged to keep, within the prescribed periods of time.
Furthermore, we also inform you that deleting your account does not relieve you of any liabilities or charges due, if any.
Cancellation of account by the Provider
ITgma may at any time, under certain circumstances and without prior notice, cancel or suspend entire or part of your Account and/or your access to the Service, especially in cases of:
- violations of this Agreement or any other policies or guidelines set forth herein and/or published on the Service;
- your request to cancel or terminate the Account;
- request and/or order from a police authority, judicial authority or other authorized state body;
- unexpected technical or security problems;
- your involvement in fraudulent or illegal actions;
- other forbidden and/or illegal actions performed by you;
Upon cancellation of your Account, you will lose all access to the Service and all parts of the Service, except access to the public segments of the Service.
Service price and payment
Method of payment
Payment is always in advance, on a monthly basis, by entering a valid payment card at the time of the company account registration.
Payment plans and upgrades
Service Provision
We provide the service constantly (24/7), in the scope agreed upon in the Payment and Upgrades Plan.
Anticipated service interruptions
Temporary interruption of the service is possible due to reconstruction, modernization and maintenance of the service, for which you will be notified 48 hours in advance.
Unforeseen service interruptions
Temporary interruption of the service is possible due to technical interruptions or deficiencies in the service, which we will endeavor to remove immediately, but no later than 48 hours.
Service Termination
You can terminate the use of the service at any time.
The Service will be terminated automatically, if you do not renew your monthly subscription.
With the termination of data usage, your data will not be lost, but remain archived in our database. The data is kept for a maximum of 60 days from the date of settlement of all mutual monetary liabilities, in case you wish to continue the service. If you do not continue the service within this period of time, the data will be deleted permanently.
Termination of Service by ITgma
We reserve the right to stop providing the Service at any time we deem that the model and the manner in which we provide the Service has become unprofitable to us. If we stop providing the service, you will be notified in advance within a reasonable period of time, which shall not be less than 1 month.
FINAL PROVISIONS
Notices
ITgma may provide notices about the Service and the amendments to this Agreement via an email address connected to your User account (and/or other email address that you provided to us) or via posts on our website and/or the Service.
Applicable legislation
The applicable laws concerning this Agreement and the relations between the User/Buyer/Company/Organization and ITgma shall be the legal regulations of the Republic of North Macedonia.
By accepting these Terms and Conditions, the User and ITgma agree that in case of a dispute the Basic Civil Court Skopje of the Republic of North Macedonia shall have the exclusive jurisdiction.
Amendments and notifications concerning the applicable legal regulations
In case of amendments to the legal regulations that are relevant and affect the use of the Services, you will be immediately informed via your email address. ITgma will leave you sufficient time to decide whether you will continue to use the Service following the amendments.
Severability
Each of the provisions of this Agreement is independent and a decision to nullity or non-enforcement of any provision shall not affect the validity or enforceability of the other provisions.
Completeness of the Agreement
This Agreement is composed of the legal terms and conditions that apply between you and ITgma and regulates the joint conduct and use of the Service.
Additional terms and conditions may apply for the use of the service depending on the type of your personal account as user (user, buyer). If any part of this Agreement is deemed void or unenforceable, it shall be construed in a manner that will reflect the initial intentions of the parties, and shall have no impact on the other parts that will continue to apply.