Horus ERP - Smart, simple, complete

The following terminology applies to these Terms and Conditions, Privacy Statement, Service Level Agreement, Acceptable Use Policy, Services Description and any or all other Agreements:

• “Service” and “Services” refer to websites, of which the information contained within and/or the web-based applications owned and administered by MaxRo Vision and made available to you as Software-as-a-Service. A complete description of all the services and/or web-based applications offered by MaxRo Vision can be found in our Services Description (the SD) which is hereby incorporated by reference in this Agreement.


• “Client”, “You” and “Your” refers to you, the person accessing the MaxRo Vision’s Services, and to the company you legally represent, accepting the MaxRo Vision’s terms and conditions.


• “The Company”, “Ourselves”, “We” and ”Us”, refers to our Company, MaxRo Vision.


• “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payments necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs for stated services/products, in accordance with and subject to prevailing United States law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.  

Subject to the terms of this Agreement, MaxRo Vision agrees to provide the Services described in the Order made by the Customer for the fees stated in the Order. The Customer will be able to upgrade or to downgrade the different options specified in the initial Order, according to the upgrade/downgrade conditions particular to each Service, which are detailed in the Services Description (the SD).

Since signing up for MaxRo Vision’s Services is an online transaction, it is understood between MaxRo Vision and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance and is legally binding as a valid contract. In using MaxRo Vision’s Services, you are deemed to have read and agreed to the following terms and conditions:

The initial service term of this Agreement shall begin on the Access Date requested by the Customer in the Order and shall continue for the number of full calendar months stated in the Order (the “Access Period”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to one (1) successive renewal terms of having the same number of full calendar months as the Initial Term (each a “Renewal Term”) unless MaxRo Visionor Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or the current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

Customer agrees to use MaxRo Vision’s Services in compliance with the applicable laws and MaxRo Vision's Acceptable Use Policy (the AUP) which is hereby incorporated by reference in this Agreement. Customer agrees to cooperate with MaxRo Vision's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between MaxRo Visionand Customer regarding the interpretation of the AUP is based upon the common commercial practice and use in the marketplace standard.

Customer agrees with MaxRo Vision's Privacy Statement (the PS), which is hereby incorporated by reference in this Agreement.

Customer represents and warrants to MaxRo Vision that the information provided to MaxRo Vision for purposes of establishing and maintaining the Service is accurate. If Customer is an individual, Customer represents and warrants to MaxRo Vision that he or she is a professional user of such applications and at least 18 years of age. MaxRo Vision may rely on the instructions of the person listed as the authorized signatory for the entity named on the Order with regard to Customer's account until Customer has provided a written notice changing the authorized signatory.

MaxRo Vision warrants that the Services provided are suitable for the use presupposed in the Services Description (the SD). In this respect the parties are aware of the fact that it is not possible to exclude software errors in all application conditions.MaxRo Vision warrants that its contractual products and services will be continuously improved and upgraded without Customer’s prior consent.

Our Services are provided on an "as is" basis and you agree and accept the Disclaimers in the SD for all the Services provided to you by MaxRo Vision.
To the fullest extent permitted by law, MaxRo Vision:

• Excludes all representations and warranties relating to our Services, this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• Excludes all liability for damages arising out of or in connection with your use of our Services or this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected. 

MaxRo Visiondoes not warrant or represent that the services will be uninterrupted, error-free, or completely secure, although they are provided to the best ability. To the extent permitted by applicable law, MaxRo Visiondisclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, consultants, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of MaxRo Visions’ services or products. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

MaxRo Visionshall not be liable to the client for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if MaxRo Visionhas been advised or should be aware of the possibility of such damages.

Under no circumstances, including negligence, shall we, our licensors or licensees, or any of the foregoing entities' respective consultants, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, any MaxRo Vision designed applications, or (b) the conduct or actions, whether online or offline, of any user or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you. Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities' respective consultants, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure, or causes beyond our or their reasonable control.

Notwithstanding anything else in this agreement to the contrary, the maximum aggregate liability of MaxRo Vision and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount paid by the customer for their last payment period.

Fees are payable in advance, before the first day of each billing cycle. Customer's billing cycle shall be monthly, every 3 months, every 6 months or yearly, as stated in the initial Order or otherwise set at a later stage, beginning on the Service Commencement Date (Access Date). MaxRo Visionwill require payment for the first billing cycle before beginning any service.

Payments can be made by direct wire transfer and through PayPal. If the Order provides for PayPal billing, Customer authorizes MaxRo Visionto bill subsequent fees to the PayPal account on or after the last working day of each successive billing cycle during the terms of this Agreement. If Customer prefers to make the payments using direct wire transfer, it is the Customer’s responsibility to make such payments in time and to ensure that the amounts paid be settled in MaxRo Vision’s bank account before the beginning of each successive billing cycle during the terms of this Agreement.

MaxRo Visionwill invoice Customer a receipt via electronic mail to the authorized signatory for the entity listed on the Order for each successfully completed payment, when it is confirmed on MaxRo Vision’s bank statement.

At its option, MaxRo Vision may accrue late charges to Customer’s PayPal account until such charges exceed $10.00. MaxRo Visionmay charge interest on overdue amounts at the rate of 2% above the prevailing Federal Reserve's base rate per month, until such time as the balance is paid in full and final settlement.

MaxRo Visionmay restrict or suspend the service without notice if payment for the service is overdue 15 days or more.  MaxRo Visionmay terminate the service without notice if payment for the service is overdue for more than 30 days. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay MaxRo Vision’s reasonable reinstatement fee the equivalent of the last month fee before suspension, and to pay MaxRo Vision’s real costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

All credit card and billing information is transmitted using SSL encryption to secure backend servers. Credit card details are not retained by MaxRo Vision.

All fees are stated in EURO. If you are a customer buying from a non-euro country, a currency exchange will take place to convert the amount due from EUR to your denomination.

All fees/prices stated are exclusive of any applicable taxes. Depending upon different factors (e.g. your country), additional taxes (e.g. VAT) may be added to the final charge amounts and will be detailed in the Order, before the payment.

MaxRo Visionmay change its fees for the provided services, such changes being effective on the first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term. If Customer does not give a notice of non-renewal, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees were changed in the same manner for a subsequent Renewal Term).

Customer agrees that MaxRo Vision may suspend services to Customer without notice and without liability if:

• MaxRo Visionreasonably believes that the services are being used in violation of the T&C and AUP;
• Customer fails to cooperate with any reasonable investigation of any suspected violation of the T&C and AUP;
• MaxRo Visionreasonably believes that the suspension of service is necessary to protect its network or its other customers; or
• As requested by a law enforcement or regulatory agency.

Customer shall pay MaxRo Vision’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

Agreement may be terminated by Customer at any time prior to the expiration of the Initial Term or any Renewal Term, upon fifteen (15) days notice before the end of the current payment period.

Customer may request a refund in the full amount paid for the last payment period if MaxRo Visionfails in a material way to provide the contracted Services in accordance with the Services Description (SD) and terms of this Agreement and does not cure the failure within fifteen (15) days of Customer's written notice describing the failure in reasonable detail. ANY REFUND WILL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE LAST PAYMENT PERIOD.
Each Customer can ask for a refund only one time, even if Customer decides to use the MAXRO VISION’sServices again at some point later.

Agreement may be terminated by MaxRo Vision prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:

1. Upon ten (10) days notice if Customer is thirty (30) days overdue on the payment of any amount due under Agreement;
2. Customer materially violates any other provision of Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from MaxRo Visiondescribing the violation in reasonable detail;
3. Upon 24 hours notice if the Service is used in violation of a material term of the AUP more than once; or
4. Upon 24 hours notice if Customer violates the Customer Information section of this Agreement.

Either party may terminate this agreement upon fifteen (15) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our customers to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. MaxRo Vision will not accept any responsibility for any loss or damage in whatever manner, resulting from your disclosure to third parties of personal information.

The content on or otherwise related in any way to any third party sites or services linked to or from any site is provided "as is" and without warranties of any kind to the fullest extent permissible pursuant to applicable law. We disclaim all warranties, express or implied, including warranties of merchantability, accuracy, completeness, availability, security, compatibility or infringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that any site or the servers that make such content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information).

© 2009 MAXRO VISION, LLC All Rights Reserved.

MaxRo Vision retains copyright ownership in this website and the Services provided, including, but not limited to the Horus-ERP Enterprise application.

Intellectual property rights exist on all text, web pages, layout design, service modules and functions, graphical representations (including, but not limited to logos, diagrams, animated tutorials) relating to the Company’s services and the full content of this website. 

Except for the rights expressly granted herein, this Agreement does not transfer from MaxRo Vision or Horus-ERP to you any MaxRo Vision or Horus-ERP developed, license, or owned technology, rights, title, and interest in and to such technology will remain solely with MaxRo Vision or Horus-ERP. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets.

Notwithstanding anything to the contrary in this Agreement, you will not attempt to prohibit or enjoin MaxRo Vision or Horus-ERP at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of MaxRo Vision or Horus-ERP.

MaxRo Vision and Horus-ERP may be required to disclose information to individuals asserting
rights under the Digital Millennium Copyright Act, and you expressly authorize MaxRo Vision and Horus-ERP to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.

You will not use MaxRo Vision or Horus-ERP's name or any language, pictures, logos or symbols that could, in MaxRo Vision or Horus-ERP's sole judgment, imply MaxRo Vision or Horus-ERP's identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without MaxRo Vision or Horus-ERP's prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between MaxRo Vision or Horus-ERP and you, including the method and timing of such announcements, must be approved in advance by MaxRo Vision or Horus-ERP in writing. MaxRo Vision and Horus-ERP reserve the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of your obligation regarding public announcements shall be a material breach of these Terms.


MaxRo Vision and Horus-ERP are product and service names, and all of their related logos are trademarks of MaxRo Vision or Horus-ERP  (the “Marks”).  Without MaxRo Vision or Horus-ERP's prior written permission, you agree not to display, or use in any manner, the MaxRo Vision or Horus-ERP Marks.


Horus-ERP, all logos and MaxRo Vision are trademarks of MaxRo Vision, LLC.

MaxRo Vision claims intellectual property rights in the following concepts, features and/or modules present in Horus-ERP Enterprise application:

• The Document Planning which gives the user the possibility to plan the evolution of a document and the future relation with other documents, on multiple directions, in a way which will ensure data accuracy, conformance to standards and faster processing
• SCM / CRM Resource Planning
• International Accounting
• International HR and Payroll
• Work Breakdown Structure module which allows the user to represent the projects and tasks, the organization structure and business directions such as the accounting and the warehouse management in a hierarchical structure, all part of the same objective, i.e. your Company’s global performance.

We have several different e-mail addresses for different queries. These and other contact information can be found on the “Contact Us” link on our website or via the Company’s stated telephone, facsimile or mobile telephone numbers.

If you have any questions, concerns or complaints about the services provided by MaxRo Vision,you may contact MaxRo Vision’s Customer Service Department 24 hours a day, 7 days a week by opening a new thread on the private Discussion Forum or by email, using the public contact forms on our websites. In order to be routed to the appropriate department and therefore avoid unnecessary delays, your request should be placed in the most relevant category.

For such requests, MaxRo Visionwill not charge you any fees if the problems reported are due to clear/evident errors in the Service. However, Customer will be charged at the standard technical support hourly rate for issues which are clearly stated in one of the tutorials available to you.
 
MaxRo Vision, LLC is a Florida limited liability company.
 
Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Failure of either Party to insist upon strict performance of any provision of this Agreement or the failure of either Party to exercise any right or remedy to which entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this Agreement. No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
 
General

The laws of the United States of America govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. Jurisdiction shall be Sarasota County, Florida. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and this Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of this Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

The online industry is developing quickly, and our Terms and Conditions might need to be adapted. If we decide to change our Terms and Conditions, we will post those changes on this page and will indicate at the top of this page the policy's new effective date. In case material changes are necessary we will additionally notify you by email and the changes will only take effect after 30 days of their posting on this site. Unless stated otherwise, our current Terms and Conditions applies to all information that we have about you and your account.

Customer agrees that MaxRo Vision may, in its reasonable commercial judgment consistent with industry standards, amend the Acceptable Use Policy (AUP) and the Privacy Statement (PS) from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to these documents are effective on the earlier of MaxRo Vision’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.

These terms and conditions form part of this Agreement between the Client and us. Accessing of this website and/or undertaking of this Agreement indicate your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.