Terms of Services of Kinyra Agency
Welcome to Kinyra Agency, the leading online bilingual virtual assisting services provider in Bulgaria!
Kinyra is a trademark of Apollo Press EOOD, a private limited liability company, registered in Bulgaria, company registration #121085745, registered company address at bul. Patriarh Evtimyi 45, Floor 3, Ste. 9, 1463 Sofia, Bulgaria,and acting as a virtual company (Kinyra Agency).
By using our Services you agree to be bound by these Terms of Service Agreement ("TOS").
1. You Understand and Agree to These Definitions
1.1. The terms "You", "Yourself" and "Customer" as used here refer to all individuals and/or entities accessing this Website for any reason.
1.2. The terms "Website of Kinyra Agency " and "this Website" refer to http://www.kinyra.com and http://kstore.kinyra.com.
1.3. The term "Project Area of Kinyra Agency " refers to a system on http://www.kinyra.com or agreed third party web application.
1.4. The term "Material" shall mean the materials, in whatever form, submitted to Kinyra Agency by yourself or/and used by Kinyra Agency to provide the Services and the products, systems, programs or processes, in whatever form, produced by Kinyra Agency pursuant to these TOS.
2. Acceptance of Terms
2.1. Kinyra Agency provides its Services to you subject to the following TOS.
2.2. These TOS comprise all the provisions that follow hereinafter, as well as the Privacy Statement of Kinyra Agency ("Privacy") and the Terms of Use of this Website.
2.3. For large projects (over USD 3 000.00 /three thousand/) these TOS require to be supplemented by an additional non-contradicting Service Contract and a Mutual Non-Disclosure Agreement signed by both parties.
2.4. Kinyra Agency may update these TOS by posting a new version to this Website and your continued use of the Services after any such update constitutes your binding acceptance of such changes.
3. Description of Services
3.1. The "Services of Kinyra Agency" consist of Web Development, Website Content, Website Localization and Personal Web Assistants Services fully described at the Website of Kinyra Agency. The eCommerce Services of Kinyra Agency's KStore fall under the supervision of these TOS as well.
3.2. The Services of Kinyra Agency are delivered via the Website of Kinyra Agency, our e-Commerce KStore, email or other means.
3.3. Unless explicitly stated otherwise, any new features that augment or enhance the current Services of Kinyra Agency, including the release of new properties of Kinyra Agency, shall be subject to these TOS.
4. Usage Rules of the Website of Kinyra Agency (Terms of Use)
4.1. Usage Rules of the Website of Kinyra Agency are governed by the Terms of Use of the Website of Kinyra Agency which are an inseparable part of this TOS.
4.2. Usage Rules of the eCommerce KStore of Kinyra Agency are a part of these TOS.
4.3. You understand that the Services of Kinyra Agency may include security components that permit digital materials to be protected, and use of these materials is subject to the Usage Rules set by Kinyra Agency.
4.4. Kinyra Agency reserves the right to modify the Usage Rules at any time, and your continued use of the services after any such modification constitutes your binding acceptance of such changes.
5. Privacy Policy
Use of the Services of Kinyra Agency and information about you that we have gathered is governed by the Privacy Statement of Kinyra Agency ("Privacy") .
6. Request and Order Placement Procedures
6.1. For small projects and actions/assignments/tasks, use the following steps:
6.1.1. For an entirely free of charge and non-binding custom price quote send us an inquiry by filling in a Request Quote form; and following a consultation with you
6.1.2. You will receive by email our price estimate and instructions about how to proceed with placing your order(s) and payment.
6.1.2.1. Kinyra Agency activates all new accounts upon receiving prepaid in full orders in Website Localization and By the Hour Services of Personal Web Assistants; and 50% (fifty percent) payment of the total hours selected for the 24/7 and Mon. to Fri. Services (the second payment of 50% will be due within fourteen working days from the delivery of final assignments) of Personal Web Assistants.
6.1.2.2. Order Requirements for Website Localization: A sample file of the requested material should accompany your signup request.
6.1.2.3. Order Requirements for Personal Web Assistants:
6.1.2.3.1. 24/7 Services: The customer needs to make a minimum commitment for two weeks and must fill up the hours in any given 24 hours with a reasonable workload for one professional. No adjustments or refunds to the number of hours available;
6.1.2.3.2. Mon. to Fri. Services: The customer needs to make a minimum commitment for two weeks and must fill up the hours in any given 8 hours/day with a reasonable workload for one professional. No adjustments or refunds to the number of hours available;
6.1.2.3.3. By the Hour Services: The customer must order assignments of reasonable workload for one professional for the hours purchased. All phone calls, emails, and online chat will be charged at minimum 3 (three) minutes. Phone calls and faxes charged at cost as well. No minimum commitment for hours. The customer agrees Kinyra Agency to provide as many hours needed to complete any task assigned. No adjustments or refunds to the number of hours available; and
6.1.2.3.4. A sample file of the requested material should accompany your signup request (Transcription: A zipped sample file of 5 minutes .mp3 recording should be emailed for us to decide on the quality of the recording).
6.2. For large projects use the following procedures:
6.2.1. Initial Request for Services. You shall be responsible for communicating all initial requests for Services electronically to the appropriate team of Kinyra Agency, as designated by Kinyra Agency (each, an "Initial Request"). Each Initial Request shall contain:
6.2.1.1. A general description of the services requested (as described, a "Service Project"),
6.2.1.2. The proposed timing for Kinyra Agency's provision of such Service Project,
6.2.1.3. The name of the contact person at customer's side for such Service Project to whom Kinyra Agency should direct any future communications ("Project Contact"), and
6.2.1.4. The means by which Kinyra Agency should contact the Project Contact to respond to the Initial Request. Kinyra Agency shall acknowledge receipt of all Initial Requests submitted by you within one (1) business day by contacting the Project Contact in the manner set forth in the Initial Request.
6.2.2. Project Work Statement. Following the communication of an Initial Request for Services, the Parties shall negotiate and execute, in good faith, a document containing Inter Alia
6.2.2.1. A schedule of milestones for completion and/or implementation of each requested Service Project,
6.2.2.2. A schedule of any anticipated maintenance activities required following the initial provision or implementation of such Service Project ("Maintenance Projects") and
6.2.2.3. An estimated budget for such Projects (such document, a " Project Work Statement"). Absent contrary language in a Project Work Statement, any quotations or milestones therein are binding upon its execution. The parties shall update each Project Work Statement from time to time.
6.2.3. The Project Work Statement should be followed by a Service Contract.
7. Billing and Payment Options
7.1. Upon placing your project order you will receive a proforma invoice by email from us. As soon as we receive payment according to the agreed terms, our teams start immediately their work. We send out invoices by email only.
7.2. Payments should be made in U.S. Dollars (USD), Euro (EUR) or Bulgarian Levs (BGN) and may be remitted via a bank wire, Moneybookers, PayPal or ePay.bg. All payments need reference Kinyra Agency's proforma invoice number so that your account can be credited properly.
8. Free Trial
We offer a no obligation free trial of 150-200 words in Website Localization, from 300 to 400 words in Website Content (Editing/Proofreading Services) and half an hour in any Personal Web Assistants plans to convince our potential customers about our excellent services. The free trial options in any type of plan can only be used one time by any one institution or individual regardless of discrepancies in the contact information.
9. Your Registration, Account, Password and Security in the Website of Kinyra Agency and our Project Area
9.1. You agree to provide accurate, current and complete information about yourself as prompted by the Services of Kinyra Agency (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate, current and complete.
9.2. You are responsible for maintaining the confidentiality of your passwords and account designation, and are fully responsible for all uses of your account, whether by you or others.
9.3. You agree that you shall not under any circumstances use or encourage the use of software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of the Services of Kinyra Agency, in whole or in part, or software, hardware, or telecommunications equipment related to the use of the Services of Kinyra Agency, generally, or to damage or obtain unauthorized access to any data or other information of any third party.
10. Modification of Services
Kinyra Agency reserves the right at any time and in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services of Kinyra Agency (or any part thereof) with or without notice. You agree that Kinyra Agency shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services of Kinyra Agency.
11. Termination
11.1. You agree that Kinyra Agency may, without notice to you, immediately terminate your Kinyra Agency account and access to the Services of Kinyra Agency . Grounds for such termination shall include, but not be limited to: (a) Breaches or violations of the TOS or other agreements or guidelines; (b) Requests by law enforcement or government agencies; (c) A Request by you (self-initiated account deletions); (d) Discontinuance or material modification of the Services of Kinyra Agency (or any part thereof); (e) Unexpected technical or security issues or problems; and (f) Extended periods of inactivity.
11.2. Termination of your Kinyra Agency account includes (a) Removal of access to all offerings within the Services of Kinyra Agency; (b) Deletion of all of your account information, files, customer Materials, and other content associated with or inside your account (or any part thereof); and (c) Barring further use of the Services of Kinyra Agency. Further, you agree that all terminations shall be made in the sole discretion of Kinyra Agency and that Kinyra Agency shall not be liable to you or any third-party for any termination of your account. Kinyra Agency may decide to refund any unused balance in your account as well.
12. Intellectual Property Rights
12.1. Kinyra Agency agrees to grant to you a non-exclusive, irrevocable, royalty free licence to use, copy and modify any elements of the Material not specifically created for you as part of the Services. In respect of the Material specifically created for you as part of the Services, Kinyra Agency assigns the full title guarantee to you and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material Kinyra Agency shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for Kinyra Agency and you.
12.2. Important Trademark Attribution: All logos and artwork presented throughout this Website are trademarks and property of the respective companies/owners. These listings of Kinyra Agency in no way whatsoever imply an exclusive relationship of ours with the trademarks owners!
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13.1. YOUR USE OF THE SERVICES OF KINYRA AGENCY IS AT YOUR SOLE RISK. THE SERVICES OF KINYRA AGENCY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APART FROM THE FOLLOWING:
13.1.1. WE WILL PERFORM THE AGREED SERVICES WITH DUE CARE AND SKILL;
13.1.2. THE PROVIDED SERVICES AND THE MATERIALS WILL NOT INFRINGE OR VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY; AND
13.1.3. NO PAYMENT WILL BE REQUIRED FOR ANY OF OUR REPORTS WHICH MAY BE LESS THAN 98 % PERFECT,
KINYRA AGENCY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
13.2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES OF KINYRA AGENCY IS USED AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
13.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINYRA AGENCY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
14. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT KINYRA AGENCY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KINYRA AGENCY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
14.1. THE USE OR THE INABILITY TO USE THE SERVICES OF KINYRA AGENCY;
14.2. THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE KINYRA AGENCY SERVICES;
14.3. ANY OF OUR REPORTS PRODUCED UNDER YOUR INSISTENCE THAT A PARTICULAR JOB WAS CARRIED OUT IN A PARTICULAR WAY USING PARTICULAR APPROACHES AGAINST OUR ADVICE;
14.4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
14.5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
14.6. ANY OTHER MATTER RELATING TO THE SERVICES OF KINYRA AGENCY.
15. Complaints
In case, within seven (7) business days after delivery (two /2/ weeks for large projects), you find out that a report contains 2%+ errors and duly inform us, we will accept the problem, admit responsibility and apologize. Then act to speedily remedy the situation:
15.1. Perform amends - reparation to the required standards; or
15.2. Offer a full refund as we require no payment for any of our reports which may be less than 98% perfect;
15.3. Finally, attend to your response.
16. Miscellaneous
16.1. These TOS constitute the entire agreement between you and Kinyra Agency with respect to the Services of Kinyra Agency and supersedes any prior agreements, oral or written, between you and Kinyra Agency.
16.2. The TOS and the relationship between you and Kinyra Agency shall be governed by the laws of Bulgaria (a change of applicable law permitted for large projects) without regard to its conflict of law provisions.
16.3. You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this Agreement.
16.4. The failure of Kinyra Agency to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
16.5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the TOS must be filed within one (1) month after such claim or cause of action has arisen or be forever barred.
16.6. The section titles in the TOS are for convenience only and have no legal or contractual effect.
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