License of Use of OnkDonk
138 Jianshe’er Road
Xiaoshan, Hangzhou, 311200
Warning: these terms may be changed at any time without notice. Last update of this document: 03/01/2016
Services. The OnkDonk Apps platform provides the user with tools to create, host and update native mobile applications for smart phones whose operating systems are iOS and Android. Logging on to the platform and application design experience are free, however, the compilation of it and the right to download any file related to the application can only be achieved by signing any of our paid plans. The service can be used for those wishing to create mobile applications for your own website or business but also for those who plan to resell applications on the market. The use of the platform is recommended for those with more than 18 years.
Deadlines. The early provision of Application Construction service takes place on the date that the OnkDonk generates and sends an e-mail to you confirming your registration in OnkDonk Apps platform and the activation of your account (Top Term). The registration does not expire and will remain active as long as there is no express statement by the user account closure and / or the user does not violate this document. For subscribers to paid plans, the registration will remain valid until the discharge of all existing debts.
Access to paid plans. To download files compiled for publication itself or even to request the publication of his (s) application (s) the accounts for that OnkDonk, the user must opt for the signature of one of our paid plans. By making this option, the user declares that: a) all personal information provided in your registration are proper and true; b) it is at least 18 years; c) have not been and will not be used for third person information such as name, surname, address, bank details, etc; d) will not share your personal access to third parties; e) You are solely responsible for the safekeeping and proper use of your passwords and logins; f) not use or disclose images, videos, and any materials that are third-party property or under intellectual property from third parties without proper authorization; g) I will not make use of the platform for any other purpose other than the creation of mobile applications. The onkdonk respects the privacy of its users and does not provide, passes or resell any type of information of its customers to third parties. You agree to indemnify and hold harmless OnkDonk , OnkDonk affiliates, and each of their respective officers, directors, agents and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, fines, penalties, punitive damages , amounts in interest, costs and other expenses of every kind and nature (including attorneys' fees) brought by a third party under any theory of liability arising from / related to the actual use / alleged the Customer's platform in violation of applicable laws and / or these Terms.
Payments. (A) monthly allowance. The exclusive services offered in paid plans only begin to be effectively rendered after the first monthly billing. There is no minimum number of months for the procurement of services, but for personal convenience, you may request half-yearly or annual payment. The entire collection is made through the credit card provided at the time the plan is signed. If a problem occurs in this type of collection, OnkDonk can bill the service through a bank to be sent by email as well as by mail. In the event of late payment the Service, OnkDonk may charge interest and other charges arising from the Client's default as soon as next invoice, always in accordance with current legislation. All payments must be made in USD Dollar currency on our website www.onkdonk.com in US dollars . The OnkDonk may suspend the service without notice if the payment of service is delayed. You agree to pay a fee for reactivation after the suspension of service for failure to pay, including costs arising from the collection of arrears, such as fee collection companies, attorneys' fees and court costs. (B) Adjustment of monthly allowance. The OnkDonk can increase your service fees after the end of a billing cycle, by notifying the customer of the new values, with at least forty-five (45) days before the new billing cycle. If the client does not manifest contrary to raising rates will be considered as acceptance of new values. (C) Renewal. The plan's contract renewal is done automatically, unless there is an express manifestation of the customer for canceling the service. (D) Termination. Customer acknowledges that the fee charged for the service is based on the procurement plan for the chosen period: monthly, semi-annual or annual. If the service provided is terminated before the end of the billing cycle or at the request of the client or for breach of contract, all amounts due and not yet paid by the customer will be charged the next business day from the date of Termination. (E) reimbursement. The Service is billed in advance per month, per semester or a year. There will be no refunds or credits for partial months of service, upgrade / downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions. (F) In the case of use of our platform to create and third applications of resale, the onkdonk not responsible for any matter arising from this use mode. Customers of OnkDonk who choose to distribute / resell applications will be solely responsible for the care, support, billing, invoicing, and control any and all business relationship activities of the applications donated / sold.
Submission of Applications. OnKDonk offers The paid service application publishing in the stores of Apple and Google, respecting the standards and prevailing terms of those respective companies and are not responsible for any case of submission of failure and / or cancellations arising from misuse our platform by Client. At the signing of the reseller plans, Agency or Enterprise, the customer is entitled to free initial submission, that is, submit a single application to the stores of Apple and Google at no extra cost. All other apps will only be published by onkdonk with the express payment. Subscribers to any of the paid plans are offered the customer the right to download the compiled files for each app created to make the publication on their own, making clear the onkdonk of any failure in the publication of the app in this mode.
Support. The onkdonk support by email and / or telephone and / or Skype, according to the signed plan. This service is already included in the respective monthly plans.
Guarantees. The onkdonk not warrant or represent that the services will be uninterrupted, error free, or completely safe. To the extent permitted by the law applicable to onkdonk disclaims any and all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, all services are provided "as is".
Damage limitation. Neither party shall be liable to the other for any lost profits, or any loss or damage of any indirect kind, special, incidental, punitive, or consequential damages that could have been avoided by the use of reasonable diligence, even if the party has been advised or should have been aware of the possibility of such damages. The maximum aggregate liability onkdonk and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and breach) will be a severance payment not exceeding the amount payable by the customer By three months of service.
Customer Information requests. You agree that onkdonk may, without notice to you, (I) send to the competent authorities of any conduct by the client or any of your customers or end users that onkdonk believe violates applicable law, (II) provide all the information it has on you or any of your customers or end users in response to a formal or informal request of a law enforcement or regulatory agency or in response to a formal request in a civil suit that meets the requirements for the request and (iii) withdraw or suspend the services provided as well as part or all of the content offered by client applications if any specific request for removal of content requested by the interested party and / or by the judicial authority.
Changes in the webdirectory Data Network. Updates and other changes in the onkdonk data network, including but not limited to changes in its software providers, hardware and services, can affect the display or exploitation of content and / or hosted Client applications. Onkdonk reserves the right to change your network at its discretion and will not be responsible for any damage that may reach the Customer.
Notices and Communications with the Customer. Several warnings and requests to onkdonk under the Agreement and these Terms shall be made by email email@example.com already warnings Customer will preferably be made via e-mail provided by you in your registration. Warnings are considered received on the day they were transmitted. You must keep your records up to date.
Force Majeure. The onkdonk is not responsible for the interruption of its services due to force majeure including, without limitation, the power grid failures, significant failure of the Internet, natural disasters, war, riot, insurrection, epidemic, strikes or other organized labor action , terrorist activity, or other events of a certain magnitude even if all possible precautions are taken.
Forum / Dispute. The agreement shall be governed by Brazilian law. The Agreement will not be governed by the UN Convention on the International Sale of Goods. It defined the Court of the District of Bauru, São Paulo/Brasil State to be settled any and all questions, controversies and actions that may eventually arise.
Several. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights and other intellectual property rights. Neither party may use the other party's name or trade mark without the prior written consent of the other party. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer / employee. Neither party will be represented as another agent. Each party acknowledges that it has no power or authority to bind the other in any agreement and that it does not represent to any person who has that power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms of your purchase order or other form of business are not binding on onkdonk , unless they are expressly incorporated into a formal written agreement signed by both parties. Failure or delay in the application of any provision of a party to the Agreement shall not be deemed a waiver of rights that part with regard to that provision or any other provision of the Agreement. The waiver on the part of any of its rights under the Agreement is not a waiver of any of its other rights in connection with a previous occurrence, contemporary or future, is of a similar nature or not. The following provisions will survive until the expiration or termination of the Agreement: Fees, indemnity obligations, provisions to limit the liability and warranty notes, the provisions relating to intellectual property rights, these various provisions and other provisions which by their nature are intended to survive termination of the agreement. There are no third party beneficiaries of the agreement. neither insurers nor the customers of resellers are third party beneficiaries of the agreement. You may not assign the Contract without the prior written consent of onkdonk . The approval by onkdonk for assignment is subject to the meeting between the assignee and the onkdonk in credit approval criteria. OnkDonk can assign the Agreement in whole or in part. This Agreement, together with the order and acceptance of these. Terms constitutes the entire and exclusive agreement between the parties and supersedes any prior understanding or communication, written or oral.