Valid since November 15, 2018

Introduction

You agree to the following terms that apply for all services of Procurean d.o.o. online or elsewhere. The term “Procurean services” applies to the use of Procurean applications, that are meant to aid businesses in procurement digitization or any other service of the company Procurean d.o.o.

This website contains the legal framework for the use of the Procurean website, the use of whichever secondary Procurean website and all functionalities of Procurean, which includes the Terms of Service, the Privacy Policy and the Cookie Policy.

Before using Procurean, you must be familiar with the content of all the above-mentioned documents.

Business purpose

Procurean enables companies to digitalize purchase procedures. Each organization can perform an independent configuration of work processes in the context of the service and then perform those processes.

Procurean also represents a contact place between companies, which are purchasing and offering products and services. The business relationship arising from the use of Procurean is defined below.

Execution of demand, submission of offers and conclusion of business agreements:

  • Every company with the appropriate level of use of the Procurean service has the right to publish a public and/or regulated demand. With the published demand, the purchaser undertakes to make a purchase upon receipt of an offer that meets the given conditions and price;
  • Every company with the appropriate level of use of the Procurean service may submit an offer for published public/regulated demand if it has fulfilled the conditions for the submission (these conditions are determined by the purchaser by choosing the type of demand and expressly identifying the providers that can submit offers). With the offer submitted, the provider undertakes to be unconditionally prepared to supply products and/or services under defined conditions and for the offered price;
  • The Procurean service is entitled to charge compensation (more information on this can be found in the pricing section);
  • By means of the Procurean service, the purchaser and the provider shall ensure the traceability of the execution of the business arrangement in a way that documents the completed phases;
  • in case the purchaser or provider does not wish to perform the agreed transaction, the other party is entitled to unconditionally charge a flat-rate contractual penalty of 10% of the purchaser’s purchase price. The party who does not want to carry out a transaction must pay the contractual penalty within 8 days of the issue of the claim.

Privacy

At Procurean, we respect privacy. In your business with us, we may have to gather, process and store certain personal data of users. We strive to keep the collection of personal data at the minimal possible level, which still allows the provision of services.

Personal data will be used only to the extent necessary for legitimate business purposes. More information on this can be found in the Privacy Policy.

Services

Each company can choose the level of service utilization, additional modules and size packages.

Procurean offers the following levels of membership:

  • Free – free membership for companies, which enables insight into the operation of the service and operation in the context of purchasing ecosystems of customers;
  • Standard – paid level of membership, which enables the publishing of public demand and publishing of offers on public demand;
  • Professional – paid level of membership, which enables the managing of suppliers, building a purchasing ecosystem and performing a regulated demand.

Each company pays a subscription for the selected membership level in advance (if it is a paid membership level) for the current period. The subscription fee is shown on the pages for determining the level of service use.

Procurean offers a range of modules (depending on the selected membership level), for which each company can choose a size class. Procurean is entitled to charge a usage fee. The usage fee is shown on the pages for determining the membership level.

The Procurean service offers the following additional modules:

  • Managing Organisational Needs – enables the recording, approval, and review of needs in the organization. This module is available only for the “Professional” membership level
  • Project Procurement – enables the recording, approval, and review of needs in the project environment. This module is available only for the “Professional” membership level
  • Procurement Planning and Control – enables the organization of planning and control processes in the organization with regards to the procurement process. This module is available only for the “Professional” membership level
  • ERP integration – enables direct integration of the ERP system with the Procurean service. This module is available only for the “Professional” membership level

The Procurean service is entitled to charge compensation for performed business transactions in past periods. The compensation amount is shown on the pages for determining the membership level.

The validity of the selected membership level is of an unlimited duration; however, each company can select a new membership level at any time.

Any membership level change request is executed immediately after the payment is made (if necessary). In doing so, a calculation of already paid charges is made, up to the end of the accounting period. The calculated amount of already paid membership and usage fees is awarded to the company and is used to pay for future membership and usage fees, as well as compensations. There is no time limitation for the usage of this positive credit, it is however not possible to receive it as a pay-out.

Procurean is available exclusively to legal persons, regardless of their location. The currency used is the Euro (€) and is not dependant on the country in which the legal person has a registered office in. Procurean is not available to final purchasers (natural persons).

By concluding the agreement to use Procurean, the company agrees to pay the applicable fees and taxes, such as VAT, sales tax and other applicable taxes imposed by relevant legislation. Procurean is not responsible for any incorrectly indicated information.

You can only purchase a Procurean subscription, pay usage fees and compensation from the Procurean service directly in Procurean and settle the payment amount using your credit card or SEPA payment (direct debit).

When you make an online credit card payment, PayWiser will process your card data. The company processes payments by credit cards on behalf of Procurean.

When you make an online payment with a SEPA payment, your SEPA payment data will be processed by PayWiser. The company processes payments with a SEPA payment instrument on behalf of Procurean.

License

Procurean is protected by law and intellectual property contracts. Procurean or any of its parts is not sold in any form.

Procurean is comprised of several modules. This License Agreement applies to all modules unless otherwise stated. Modules as components make up Procurean and may not be used in any way separately from Procurean or for purposes other than the purpose of using the Procurean service.

Each company can use the Procurean service at all times during which Procurean provides its service. The use of Procurean is possible (with possible restrictions) regardless of membership level used. Procurean can be used only for business purposes of a legal person.

All rights, which are not expressly granted, are reserved exclusively by Procurean. Reverse engineering, decompiling and disassembly of Procurean is not permitted, except and exclusively to the extent to which such activities are expressly permitted by this contract or by relevant legislation.

Procurean is licensed to a single legal person and is linked exclusively to that legal person. One legal person differs from another legal person if they have different tax numbers.

Reselling, distributing and sublicensing Procurean or allowing it to be used for the development, production or marketing of a service or product similar to Procurean or Procurean software, is prohibited.

Only the use of Procurean for business purposes is permitted (as stated in the Terms of Use).

Should Procurean be used for illegal purposes or for activities that may harm Procurean, authorized dealers or other users of Procurean, we reserve the right to terminate the provision of the service without prior notice.

The use of Procurean in any way, which could harm, disable, impose, obstruct or otherwise influence Procurean, is prohibited.

Any violation of the restrictions of use constitutes a sufficient reason for terminating this Agreement. The impossibility of introducing this Agreement for any reason does not mean that we waive the right to terminate this Agreement indefinitely.

Procurean may terminate this Agreement without notice, without prejudice to other rights deriving from this Agreement.

Service level agreement

Procurean is committed to providing a reliable, high-quality support system for Procurean services. We are working to ensure that our services are available at least 99% of the time in a calendar year.

If the availability of hosting services falls below 99% in a given calendar year, you are entitled to initiate a procedure for extending your subscription package. If and when your request is approved, your subscription package will be extended for the approved period of time.

The Procurean team and our authorized partners are available to help in the event of technical or substantive questions. You can always contact us through our chat room, e-mail or by phone. If a local operator (native speakers of the language) is unavailable, we provide support in the English language.

Working hours of our support team are every working day from 8:00 to 16:00, Central European time (CET). We only provide Procurean-related support.

Intellectual property rights

All intellectual property rights in connection with Procurean (including, among other things, texts, pictures and photographs), any accompanying printed materials and any software copies are owned by Procurean.

All intellectual property rights in connection with the content, which is not included in the software, but is accessible through use of the service, are owned by their appropriate owners and may be protected by copyright or other intellectual property rights and agreements, pursuant to relevant legislation. This license agreement does not grant any usage rights of this content, or rights in connection with any Procurean trademark product or service.

Limited Warranty

Procurean guarantees that the Procurean service and Procurean software will function in accordance with the listed characteristics for the entire period of use.

You are not entitled to any compensation, including due to consequential damages if the service or software does not meet the requirements of the Limited Warranty of Procurean, even if any actions are not successful.

This limited warranty does not apply in case service and/or software failure resulting from an accident, abuse, misuse or a virus. Contact Procurean or a contracting partner to exercise your right to act.

Warranty Statement

The above-mentioned Limited Warranty represents the only exclusive warranty and is valid in place of other warranties (if they exist), which would derive from any other documentation. Except as part of the limited warranty and to the maximum extent permitted by relevant legislation, Procurean and its suppliers provide the Procurean service, Procurean software and support services (if they exist) as they are and with all defects. We are hereby declaring that there are no warranties or conditions valid, whether explicit, implicit or legislative, including implied warranties, obligations and conditions of suitability for sale, suitability for certain purposes, accuracy or integrity of responses, results, professionalism, an absence of viruses and absence of negligence. All of the above applies to our services, software and to either our successful or unsuccessful provision of support. We also do not guarantee any warranties or conditions in the areas of uninterrupted use, undisturbed possession and correspondence with regards to descriptions or service or program violations.

Exclusion of liability for the occurrence of incidental, consequential and other damage

To the fullest extent permitted by relevant legislation, Procurean and its contractual partners are not liable for any special, incidental, indirect or consequential damages (including, among other things, damage due to loss of profit or loss of confidential or other data, business disturbances, personal injuries, loss of privacy, failure to perform any duties, including in good faith or reasonable care, negligence and other financial or any other damage) that originates or is related in any way to the use or inability to use the Procurean service, the performance or non-performance of the support services, or any provision from this Agreement, even in the event of a defect, unlawful conduct (including negligence), liability for damages, breach of a contract or a guarantee from Procurean or contractual partners, even if Procurean or its contractual partners were aware of the possibility of such damage.

Limitation of liability and legal remedies

Regardless of any damage that may arise for you for any reason (including, among other things, all the direct or general damages listed above), all liability of Procurean and its authorized partners under any of the terms of this Agreement and your right to enforce legal remedies for all of them are limited to the amount actually paid for the use of Procurean over the past 6 months to the moment of the occurrence of the damage.

Responsibility for the content

Each Procurean user agrees that they are solely responsible for the content of all visible, written and audio data, which they provide upon using Procurean. They further agree, that they will not use Procurean to upload harassing, insulting, threatening, obscene or inappropriate content or messages, or content, which would breach intellectual property rights of any website or would be in any way illegal and warrant civil liability. The same applies to content or messages, which would represent or encourage acts, which would constitute a criminal act under any relevant legislation. Although Procurean is not responsible for such messages, we may delete them at any time and without prior notice.

Changes

We reserve the right to amend or update these Terms and Conditions at any time. All changes will be posted on this website along with the date of entry into force. We advise you to monitor the site so you will always be familiar with the changes.

If changes significantly affect the rights and obligations of this title, we will do our best to inform you about the changes. Based on your continued use of services after the entry into force of the revised Terms and Conditions, we conclude that you have read, understood and agreed with the current version of the Terms and Conditions.

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