These Terms and Conditions govern your use of our website located at www.optimum-web.com and our software development services. By accessing our website and using our services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you must not use our website or services.
Services
Optimum provides professional software development services, including but not limited to, web application development, mobile application development, managed service provider and custom software solutions. Our services are subject to project specific agreements that will be separately negotiated and signed by the parties involved.
Use of Website
You agree not to use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You must not use our website in any way that is unlawful, illegal, fraudulent, or harmful.
Intellectual Property Rights
Ownership
All intellectual property rights in the website, its content, and the services provided by Optimum, including but not limited to software, text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, are the sole property of Optimum or its licensors. The presence of any content on the website does not constitute a waiver of any right in such content.
Protection and Enforcement
Optimum respects the intellectual property rights of others and expects users of the website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Optimum reserves the right to remove or disable access to content alleged to be infringing and to terminate the accounts of repeat infringers. Our response to notices of alleged infringement may include removing or disabling access to material claimed to be the subject of infringing activity.
Changes to Intellectual Property Rights
Optimum reserves the right to make changes to the intellectual property rights provisions of these Terms and Conditions at any time. Such changes will be effective immediately upon posting to the website. Your continued use of the website and services following the posting of changes will constitute your acceptance of such changes.
User Content
Definition and Scope
“User Content” refers to all forms of content, including but not limited to text, images, videos, audio, and multimedia, that users may submit, post, display, or otherwise make available on the website or through the services offered by Optimum. This includes content posted on forums, in user profiles, reviews, comments, or any other interactive areas.
Content Moderation
Optimum reserves the right, but is not obligated, to monitor and edit or remove any User Content. We have the right to:
- Remove or refuse to post any User Content for any or no reason at our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content violates the Terms and Conditions, infringes any intellectual property right, or could create liability for Optimum.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
User Interactions
You are solely responsible for your interactions with other users of the website and any other parties with whom you interact through the website and services. Optimum reserves the right, but has no obligation, to become involved in any way with these disputes.
Feedback and Suggestions
If you provide Optimum with any feedback or suggestions regarding the website or services (“Feedback”), you hereby assign to Optimum all rights in the Feedback and agree that Optimum shall have the right to use such Feedback and related information in any manner it deems appropriate. Optimum will treat any Feedback you provide to Optimum as non confidential and non proprietary.
Restrictions
General Prohibitions
You are expressly prohibited from:
- Using the website in any way that is, or may be, damaging to the website or to Optimum’s business or reputation.
- Using the website in any way that impacts user access to the website or which is in any way harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable.
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website, or while using this website.
- Using this website to engage in any advertising or marketing activities without the express written consent of Optimum, including but not limited to unsolicited promotions, mass mailings, or any form of “spam.”
Content and Conduct Restrictions
You must not:
Upload, post, transmit, share, store, or otherwise make available any content to the website that Optimum deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.
Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
Use or attempt to use another’s account, service, or system without authorization from Optimum, or create a false identity on the website.
Technical Restrictions
You are prohibited from:
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the website.
- Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the website.
- Collecting or harvesting any personally identifiable information, including account names, from the website.
- Accessing any content on the website through any technology or means other than those provided or authorized by the website.
- Bypassing the measures we may use to prevent or restrict access to the website, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.
Legal Compliance
You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the website, and not to use the website for any illegal or unauthorized purposes.
Amendments to Restrictions
Optimum reserves the right to modify these restrictions at any time. It is your responsibility to review these Terms and Conditions regularly for updates. Your continued use of the website after such modifications will constitute your: (a) acknowledgment of the modified Restrictions; and (b) agreement to abide and be bound by the modified Restrictions.
No Warranties
This website and our services are provided “as is,” with all faults, and Optimum makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consultation or advice to you.
Limitation of Liability
Scope of Liability
In no event shall Optimum, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Specific Situations
Optimum shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Optimum’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Optimum shall not be liable for any damages resulting from the use or inability to use the services or website – including but not limited to the interruption, suspension, or termination of the website or services, including damages caused by malware, viruses, or any incorrectness or incompleteness of the information on the website.
User Acknowledgment
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by Optimum) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement.
Jurisdictional Variations
Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Optimum’s liability shall be limited to the maximum extent permitted by law.
Indemnification
User Responsibilities
You agree to indemnify, defend, and hold harmless Optimum and its parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and volunteers from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Breach of these Terms and Conditions or the documents they reference, or your violation of any law or the rights of a third-party.
Any User Content you post, upload, use, distribute, store, or otherwise transmit on or through the website.
Use of, or inability to use, the services or products provided by Optimum, including any data or content transmitted or received by you.
Any misrepresentation made by you, will be responsible for ensuring that your activities on the site are lawful and do not infringe upon the rights of any third party.
Any third party claim that relates to your use of the website, any User Content you provide, or any products or services purchased through the website.
Notification
You agree to promptly notify Optimum of any third party claims, cooperate with Optimum in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You agree not to settle any claim without Optimum’s prior written consent.
Optimum’s Right to Control Defense
Optimum will have the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Optimum.
Equitable Relief
You agree that Optimum will have the right to seek an injunction or other equitable relief in any court of competent jurisdiction to restrain any breach or threatened breach of your obligations under the indemnification provisions. This is in addition to any other remedies that Optimum Web may have at law or in equity.
Severability
General Severability
If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. This means that if one part of these Terms isn’t right according to the law, it won’t impact the rest of the Terms.
Adjustment of Invalid Provisions
In the event that any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the parties shall endeavor in good faith to agree upon a valid, legal, and enforceable provision that is as similar in effect to the invalid, illegal, or unenforceable provision as is possible so that the intended purpose of these Terms and Conditions can be preserved.
Continuation in Force
The unenforceability or invalidity of any clause in these Terms and Conditions shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from these Terms and Conditions to the extent of its unenforceability and invalidity. Therefore, the Terms and Conditions will otherwise remain in full force and effect and enforceable.
Jurisdiction Specific Severability
The parties acknowledge that certain jurisdictions have laws in place that may not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations above may not apply to you. In such cases, the parties agree that the courts should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Amendments to Address Severability
Optimum reserves the right to amend these Terms and Conditions at any time to ensure that they remain compliant with relevant laws and regulations, including addressing any issues related to severability.
Variation of Terms
Optimum Web is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this website, you are expected to review such Terms and Conditions on a regular basis to ensure you understand all terms and conditions governing the use of this website.
Governing Law & Jurisdiction
Governing Law
These Terms and Conditions, and any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the laws of the Republic of Moldova, without giving effect to any principles of conflicts of law. The Republic of Moldova mentioned Optimum is incorporated or primarily operates. This clause establishes the legal foundation for the Terms and Conditions, ensuring all parties understand which legal framework applies.
Jurisdiction
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of our services shall be filed only in the Republic of Moldova and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and Conditions.
Dispute Resolution
Before filing any claim, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
International Use
We recognize that you might be accessing our website from any place in the world. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Application of Local Laws
If you are accessing our services from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from Republic of Moldova laws, please be advised that through your continued use of our website, which is governed by Republic of Moldova law, you are transferring your personal information to Republic of Moldova and you consent to that transfer.
Modification of Governing Law and Jurisdiction Clause
Optimum reserves the right to change the governing law and jurisdiction clause in the future. Any changes will be communicated through our website, and by continuing to use the site, you agree to be bound by these changes.
