FISCAL SOLUTIONS...

1. General

Welcome to Fiscal Portal. 
The Fiscal Portal is an internet-based application used to manage different types of fiscal data, providing website features, products and services to users when visiting the web site (such as upload/download of fiscal documentation, software components, news updates etc.).

The use of the Fiscal Portal is subject to the following Terms.

We offer a range of Fiscal Portal services, and sometimes additional terms may apply.

Before starting the use of our portal please read the Terms carefully. By using the Fiscal Portal, you agree to these conditions. Once accepted they form a legally binding contract (“Contract”) between you and FISCAL SOLUTIONS DOO NOVI SAD (“Fiscal Solutions”, “we”, “us” or “our”), a private company registered in the Republic of Serbia.

The Fiscal Portal and it content is owned and operated by Fiscal Solutions.

Please also read carefully our Privacy Notice, which explains how your information is collected, used, shared and disclosed as well as what are your rights as a data subject. The Privacy Notice also includes our Cookie Policy and/or 3rd party statistical tools.

By using our services (including by registering for an account, by clicking the “submit”, “accept” or “continue” buttons, by signing or otherwise indicating the acceptance of these Terms of use) you represent and warrant that:
  1. You’re agreeing to be bound to these Terms of use,
  2. You have read our Privacy Notice and agree to the processing of your personal data as described in our Privacy Notice,
  3.  If you are using our services on behalf of an organization, you are agreeing on these Terms of use on behalf of that organization and warrant that you are authorized to bind yourself and the represented organization.
When you use the Fiscal Portal, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. License and Access

Subscribers/Users of the application are able to login, to read news about fiscal topics, to download or upload certain documents, to ask questions, to download fiscal applications like drivers, to get data about different providers of the fiscal solutions and some other functions. Every function is executed with respect to defined access rights.

Subject to your compliance with these Terms of use, and your payment of any applicable fees, the Fiscal Portal or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal (or internal use for the organization) and non-commercial use of the Fiscal Portal functionalities. This license does not include any resale or commercial use of any Fiscal Portal service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Fiscal Portal or its contents; any downloading, copying, or other use of account information for the benefit of any third party. All rights not expressly granted to you in these Terms of Use are reserved and retained by Fiscal Solutions. No Fiscal Portal service, nor any part of any Fiscal Portal service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fiscal Portal/Fiscal Solutions without express written consent. We permit you to use our services and content to create new products/services/documents/workshops etc. if made unrecognizable in comparison to our own or to those of others available on the Fiscal Portal.

In accordance with the forgoing we do not deem the use of publicly accessible content, which may be part of the Fiscal Portal content, as a violation of these Terms of use.

Creation and updates/changes of the content, type of content and number of elements is not strict and equal for all covered countries.

You are responsible for your conduct and the content of any files and folders you upload, create, share or store on the Fiscal Portal. You agree to comply with all applicable laws, rules and regulations, including Serbian and international laws, rules and regulations.

You shall use the Portal and our services with good faith and respecting our rights, those of other users or any other persons. It is forbidden to use our Portal and services for illegal or immoral activities or purposes, including but not limited to the infringement of any intellectual property right, the unauthorized transfer to you and impersonation or misrepresentation, threatening or harassing another person, but also using our services or content to develop a similar website or service.

You must not harm the services or the Portal in any way, e.g. disable, overburden or impair the services. Automated technical means to access or to use the Portal are not allowed.

Users (that have subscribed for an account that grants such rights) can only upload fiscal related documents, news, and other information that is of the same or similar subject matter, whereby respecting the rights of third parties. The Fiscal Portal is not to be used as a platform for marketing, promoting products or services other than those of Fiscal Solutions or other companies with express written permission.

You are obliged not to transmit, distribute or otherwise make available any software or other computer files that contain viruses, spyware or any other harmful or deleterious computer code, files or programs such as Trojan horses, worm or other harmful or destructive component, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

You are not allowed to transfer your rights regarding the services to any other person, neither fully nor partly aside for the transfer of an account as stated in section 3.

Any content uploaded by users can be erased by the administrator or other approved 3rd parties without prior note.

You may use the Fiscal Portal only as permitted by law and Terms of use. The licenses granted by the Fiscal Portal terminate if you do not comply with these Terms of Use.

In the event of a violation of the Terms of use, the user/subscriber shall be liable for an immediately due and payable penalty of EUR 20,000 per breach and EUR 5,000 for each day on which the breach continues, without prejudice to any other rights provided for by law or under this agreement such as the right to specific performance, the right to an injunction or the right to claim damages in lieu of this penalty.

3. Registration and subscriptions

The Fiscal Portal is based on a registration and subscription condition in order for users to access most of the content, although our Portal retains the rights to provide limited services and content access to non-registered users that also must abide by the rules set out in these Terms of use, for services and content accessible to such users.

For some functionalities and features (to view/use certain Fiscal Portal content) you may need your own Fiscal Portal account, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, terminate your rights to use Fiscal Portal services or content, remove or edit content uploaded by you, or cancel orders in its sole discretion without prior note.

Users of the portal are classified as:
  • Portal Subscriber
  • Solution Provider Portal Subscriber
  • Fiscal Hotline SLA Subscriber
  • 3rd Level Support Subscriber
  • Non-registered user (also subject for Terms acceptance) and others.

Users (Subscribers) can act and use the Fiscal Portal services in their own name (as a natural person) or on behalf of a company – legal person/organization, whereby the user account is created for an individual (natural person) that is responsible for the compliance to these Terms of use jointly with the company in question.

In the case that an individual is acting on the behalf of a company, the company retains all rights to the account in case of e.g. termination of employment with that individual and has the right and obligation to notify us via e-mail within 15 days of another individual that will continue the use of that specific account. All obligations set out in this Terms of use apply entirely to that individual upon the aforementioned notification.

The company that wishes to change the authorized individual that will control a specific account may do so by notifying us via e-mail.

One account can be used by one subscriber in the company. This is the responsibility of the natural person – user. There is no limitation on the number of users per company as long as the Terms of use are respected and not violated.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

Subscription details such as passwords, cookies, bank account, payments, renewal etc. will be used only for specific purposes of Portal usage and not distributed further or used in a way other than explicitly for the use of the Fiscal Portal, without approval from the user.

User Data from the Fiscal Portal will not be used for advertising unless the user explicitly approves of it.

Fiscal Hotline SLA Subscribers and 3rd Level Support Subscribers are linked to their respective SLA/3rd level support agreements and provided as an addition to these contracts, subscribing to the Fiscal Portal does not grant the user access to these services nor does the Fiscal Portal represent a substitute for legal, accounting, taxation other similar services, it is rather an interpretation of law; missing, incomplete or incorrect information is possible. Updates on a regular base are not necessarily available immediately after information or changes are officially published. Neither is the Fiscal Portal a substitute for consultancies and similar services unless otherwise specified; hotline, helpdesk, 1st, 2nd, 3rd level support nor does it cover license rights for S4FS SW use.

Different user rights are provided by the Fiscal Portal and are visible to the users on our site.

4. Account security

You are solely responsible for maintaining the confidentiality of the password and the Account. Also you are fully responsible for all activities that occur under your password or Account, whether or not you actually authorized that activity. You yourself are responsible for taking any other measures to additionally secure your Account, its content and transmission of your data (e.g. encrypting your data and using secure encrypted connection to communicate with the Services).

You should notify us immediately of any unauthorized use of your password or Account or any other breach of security that is known or suspected by you.

We take no liability for any loss or damage arising from any unauthorized use of your Account.

5. Intellectual Property and use of Trademark

All rights, including intellectual property rights, with respect to the services and content or software, belong to us, except the rights that we have explicitly delegated to you according these Terms of use or respected rights of third parties.

By uploading a file or other content or by making a comment, you represent and warrant to us that doing so does not violate or infringe anyone else's rights and you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these Terms.

With regard to content you upload to the Fiscal Portal, you grant a non-exclusive, royalty-free, perpetual, worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content.

In order to terminate such rights, a request in writing or e-mail is to be sent to us, whereby the license you grant pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content we have already copied and sublicensed or designated for sublicense.

You are free to delete content uploaded from your account, of course, anything you post to a public portion of our portal may be used by the public even after you delete it.

The use of the Fiscal Portal Trademark by using following wording: “Fiscal Portal by Fiscal Solutions d.o.o.” is mandatory if content from the Fiscal Portal is used unmodified or modified to an extent still recognizable as our content.

In regards to the aforementioned, the use of the Fiscal Portal Trademark is otherwise prohibited if not explicitly approved by from Fiscal Solutions in writing.

6. Pricing and Billing

Although many of our services and content are free of charge, we apply reasonable fees for using some of our services or its features and content. Our price list with applicable fees and information about different payment plans are available on our Portal.

In case you have chosen a paid subscription, we'll automatically bill you from the date you convert to a paid subscription. Payments are due to us on the date when the invoice in posted on your account.

You must keep your billing information current. You may change your payment method and modify your billing information on the site at any time. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your notice.

All fees will be billed to the payment method you designate during the subscription process. You must be the authorized user of the payment method which data you provide for billing purposes and accept full accountability.

By providing us your payment method data (e.g. credit card, PayPall, or similar) you authorize us to charge you for the services and content using your payment method and for any paid feature of the services that you subscribe to or use while these Terms are in force.

Payment methods are accepted only if and as provided on our Portal (e.g. on-line payments through our cooperating banks).
All payments shall be paid in Euros. You may have to incur costs for conversion and transfer of money, applicable by your financial service provider.

You are responsible for all applicable taxes, and we shall charge taxes when required to do so.

In case of payment delay, you are not able to use any chargeable features of our services and content until payments in due have been fully paid.

We may automatically renew your account and charge you for a renewal term. You can opt out of having your account automatically renewed by notifying us about it by e-mail at least thirty (30) days before the renewal date. If the automatic renewal is not possible, we will terminate your account within five (5) days of the expiration of the payed term.

Please note, that we may change our price list from time to time, notifying you in advance through the Fiscal Portal or by e-mail. If you don’t agree with the changes, you can stop using the chargeable services and content of the Fiscal Portal, notifying us about it by e-mail at least thirty (30) days before the changes would start to apply to you.

Changes of the price list do not affect the services with the effective offer on a specific price for a specific term, until the effective offer term expires; after that your service usage will be charged with then-current fees, unless you have notified us about your decision to downgrade or stop using the services in timely manner, i.e. by e-mail at least thirty (30) days before the end of the current payment period.

All applicable fees shall be paid in advance for the selected period and are not refundable, unless otherwise is explicitly provided in these Terms of use.

7. Disclaimer of warranty and limitation of liability

Although of course we strive to make the Fiscal Portal as dependable as possible, our services, all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Fiscal Portal are provided AS IS – with all faults basis, unless otherwise specified in writing. Your use of our service is entirely at your own risk.

We do not guarantee the availability of our services and content at any given time, or the reliability when it is running whether qualitatively or quantitatively. We do not guarantee the integrity of, or the continued availability on our servers. Whether we make backups of your content, and if so, whether restoration of those backups will be available to you, is at our discretion.

We make no warranty that the quality or quantity of the service, products or information will meet your requirements or expectations, secure or error-free or that errors or defects will be corrected.

WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER WE TAKE OR DO NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM OUR SITE, WE HAVE NO DUTY TO MONITOR ANY CONTENT ON OUR SITE. WE DO NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON THE FISCAL PORTAL THAT IS OR IS NOT PRODUCED BY US, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SERVICES AND OTHER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF OUR SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

We may provide links to other websites or resources, but we do not take any responsibility or liability for the availability or accuracy of the linked sites or resources. Following the links is at your sole discretion and risk.

Your sole remedy is to discontinue your use of our service and content.

YOU WILL INDEMNIFY AND HOLD US AND ALL OF OUR PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.

FORCE MAJEURE

Neither party shall be liable for any delay, interruption or failure to perform, or lost data under these Terms due the acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include failures of Software or other computer programming, natural weather events, or any other causes beyond that party's reasonable control and occurring without its fault or negligence, including also failure of suppliers, subcontractors, and carriers. As a condition to the claim of non-liability, the party experiencing the difficulty must give the other prompt written notice, with full details following the occurrence of the cause.

8. Termination of the contract

You can terminate the Contract and cancel your account at any time, by notifying us about it via e-mail.

We may suspend or stop providing the services or content to you at any time with or without notice, if you have violated or we suspect that you have violated these Terms of use or any legal acts applicable to the use of the Fiscal Portal or other services that we provide, or have violated our lawful rights or those of any other person.

However, termination of the Contract does not excuse you from fulfilling all obligations incurred before termination of the Contract.

We may also suspend or terminate the Contract without the cause. In that case we will notify you by e-mail at least seven (7) days in advance. You can retrieve or delete your data (if such data exists).

9. Resolving disputes and governing law

All disputes and disagreements, which can arise from the present Agreement or in connection with it, are to be resolved by negotiations between the Parties. If the Parties do not come to an agreement, disputes shall be referred to and finally resolved by arbitration under the Rules of the VIAC (Vienna International Arbitral Centre)

Any claim, whether based on contract, tort or other legal theory (including, but not limited to, any claim of fraud or misrepresentation), arising out or relating to this Agreement, including its interpretation, performance, breach or termination, not resolved by good faith negotiations and escalation, shall finally be settled by Arbitration organized in accordance with the Rules of the VIAC (Vienna International Arbitral Centre) with the language of the arbitration being English and the seat of the Arbitration being Vienna.

This Contract is exclusively governed by Serbian law. Should Serbian law make reference to foreign law, this reference is excluded. The application of the UN Sales Convention is explicitly excluded.

10. General

We reserve the right to make changes to our site, policies, Terms of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date. Any changes apply as of the time they are posted.

These Terms of use have been formed in English language, English is also the communication language between you and us. We may, but are not obligated to communicate with you in any other language.

Contact


Contact us if you have questions or comments about these Terms of use:


FISCAL SOLUTIONS D.O.O. NOVI SAD
Address: Temerinski put 50, 3rd floor
City/Country: 21000 Novi Sad, Republic of Serbia
Phone Number: +381 21 41 00 77
Email: office@fiscal-solutions.com