Effective Date: October 30, 2024
Last Updated: November 26, 2024
This document is concluded between:
• Periscope, a company registered inMalta under number MT3119-6820, headquartered at 90 Triq Carlo Manche, GZR1045,Malta, hereinafter referred to as the “Service Provider”.
• The Client, any individual or legalentity using services offered by Periscope under a signed contract or purchaseorder.
Together, the “Parties”.
• Agreement: The entire set of theseTerms and Conditions, the purchase order, and any other documents mutuallyagreed upon in writing by the Parties.
• Deliverables: Goods or servicesprovided by the Service Provider, including software, designs, digital orhardware prototypes, or physical materials.
• Confidential Information: Allnon-public information exchanged between the Parties as part of the service,possibly supplemented by an NDA.
• Force Majeure: Unforeseeable eventsbeyond the reasonable control of the Parties (e.g., natural disasters, strikes,government decisions).
1. Description of Services: Servicesprovided are detailed in the purchase order or proposal validated by bothParties.
2. Exclusions: Any service not explicitlymentioned requires an additional written agreement.
3. Client Obligations:
• Provide necessary information to the ServiceProvider within agreed timelines.
• Ensure all provided data is accurate andcomplete.
1. Pricing and Billing:
• Prices are in Euros, excluding taxes unlessstated otherwise.
• Any changes to applicable taxes will bereflected in the total amount.
2. Payment Terms:
• Invoices must be paid within 5 days ofissuance.
• Late payments will incur penalties of 4% permonth, plus a €200 administrative recovery fee.
• Specific conditions for installment ordeferred payments must be explicitly outlined.
3. Deposits and Advances:
• Services commence only upon receipt of theinitial deposit or full prepayment as outlined in the purchase order.
1. Cancellation by the Client:
• Before services begin: 50% of the totalamount is due.
• During execution: 100% of the total amount isdue.
2. Termination for Non-Payment: TheService Provider may suspend or terminate services in the event of persistentnon-payment. In such cases, the Client cannot claim ownership of anyintellectual property or Deliverables until all amounts are settled.
1. Ownership of Deliverables:
• The Service Provider retains intellectual propertyrights on generic methodologies and tools used in the services.
• Custom creations (designs, products) aretransferred progressively upon full payment.
2. Usage License:
• The Client receives a non-exclusive, global,perpetual license for the Deliverables upon payment.
3. Credits and Mentions:
• Public usage must include the mention“Designed by Periscope,” unless agreed otherwise.
• Periscope reserves the right to showcase itscreations in a manner that does not disrupt the Client’s marketing efforts.
4. IP Violation:
• The Client must indemnify the ServiceProvider for unauthorized use, misrepresentation, or misuse of Deliverables,with penalties amounting to 1.5 times the service fee.
1. Information Protection:
• Both Parties agree not to disclose the otherParty’s confidential information and to take all necessary precautions toprevent leaks.
2. Duration:
• Confidentiality obligations remain in forcefor 5 years after the last issued invoice.
1. Limitation:
• The Service Provider’s liability is limitedto direct damages caused by gross and intentional misconduct.
2. Exclusion:
• The Service Provider cannot be held liablefor indirect losses (e.g., profit loss, data loss, operational interruption).
3. Cap:
• Liability is capped at the fees invoiced andpaid within the six months preceding the incident.
1. Obligations are suspended during Force Majeureevents.
2. If Force Majeure exceeds 60 days, either Partymay terminate the Agreement without penalty.
1. The Agreement is governed by the laws of thecountry where the services are delivered or, in case of disputes, Maltese law.
2. Disputes shall fall under the jurisdiction ofMaltese courts or those in the country of a Periscope subsidiary.
Periscope, 90 Triq Carlo Manche, GZR1045, Malta.
2.2 Data Collected
1. Contact Information: Name, email, phonenumber.
2. Financial Data: Payment information.
3. Technical Data: IP address, browserinformation.
2.3 User Rights
Under GDPR, users have the right to:
• Access, correct, and delete personal data.
• Restrict or object to processing.
• Data portability.
• Lodge complaints with the relevant authority.
Periscope uses cookies to:
• Ensure proper website functionality.
• Collect anonymized statistics.
• Provide personalized advertising content.
Users can adjust their cookie preferences via browsersettings. Disabling cookies may limit website functionality.
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