Welcome to Primex Technologies. These Terms and Conditions ("Terms") govern your use of our website, services, and products. By accessing our website or engaging our services, you agree to comply with and be bound by these Terms. If you disagree with any part of these terms, you must not access our website or use our services.
1. Definitions
In these Terms, unless the context otherwise requires, the following expressions apply:
- "Company", "We", "Us", or "Our" refers to Primex Technologies, Hauptstraße 76, 45127 Essen, Germany.
- "Client", "You", or "Your" refers to the individual, company, or entity purchasing services or products from the Company.
- "Services" refers to the IT infrastructure, cloud solutions, cybersecurity, software development, and consulting services provided by Primex Technologies.
- "Website" refers to the Primex Technologies online platform accessible at primextechnologies.com.
2. Nature of Agreement
These Terms constitute a legally binding agreement between you and Primex Technologies. By using this Website or accepting a quotation or proposal from us, you acknowledge that you have read, understood, and agree to be bound by these Terms. Any separate agreements or Service Level Agreements (SLAs) signed by both parties shall prevail in the event of a conflict with these general Terms.
3. Services and Scope
Primex Technologies agrees to provide the Services described in the specific proposal, statement of work, or contract agreed upon by both parties. We reserve the right to modify the features or specifications of the Services with prior notice to the Client if such modifications are necessary to comply with applicable laws or security standards. The Client agrees to provide all necessary cooperation, access, and information required for Primex Technologies to perform the Services effectively.
3.1. Client Responsibilities
To enable the delivery of Services, the Client agrees to:
- Provide accurate, complete, and up-to-date information required for the Services.
- Grant Primex Technologies and its authorized personnel reasonable access to the Client's premises and systems as necessary.
- Ensure that all Client-provided materials do not infringe upon the intellectual property rights of third parties.
- Adhere to standard security protocols recommended by Primex Technologies to prevent unauthorized access.
4. Fees and Payment Terms
Our fees for the Services are outlined in the specific quotation or contract provided to the Client. Unless otherwise stated, all fees are exclusive of applicable taxes (e.g., VAT). Payment terms are typically Net 30 days from the date of invoice. Late payments may incur interest at the maximum rate permitted by law or a flat fee of 1.5% per month on the outstanding balance.
Primex Technologies reserves the right to suspend Services immediately if the Client fails to make payments on time. The Client is responsible for all expenses incurred by Primex Technologies in collecting overdue amounts, including reasonable legal fees.
5. Intellectual Property Rights
All content, materials, trademarks, logos, and intellectual property displayed on this Website remain the exclusive property of Primex Technologies or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Website for its intended purpose.
Regarding custom Services developed for the Client:
- Pre-existing Materials: Primex Technologies retains all rights to its pre-existing software, code libraries, methodologies, and know-how incorporated into the deliverables.
- Custom Deliverables: Upon full payment, Primex Technologies grants the Client a perpetual, royalty-free license to use the specific custom software or solutions developed for the Client's internal business operations. Title to such custom deliverables may transfer to the Client upon full payment, subject to the license for Primex's pre-existing materials.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the business relationship ("Confidential Information"). This includes, but is not limited to, trade secrets, client lists, technical data, and financial information. Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law. This obligation survives the termination of these Terms.
7. Data Protection and Privacy
Primex Technologies is committed to protecting the privacy and personal data of our Clients and users. We process all personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Detailed information regarding how we collect, use, and protect your data is available in our Privacy Policy.
By using our Services, you consent to the collection and processing of your data as described in our Privacy Policy. You have the right to access, rectify, or erase your personal data at any time by contacting us at [email protected].
8. Limitation of Liability
To the maximum extent permitted by applicable law, Primex Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by the Client for the specific Service giving rise to the claim during the twelve (12) months preceding the claim.
We do not guarantee that the Website or Services will be uninterrupted, secure, or error-free. We are not responsible for any downtime caused by third-party infrastructure providers, force majeure events, or acts of God.
9. Warranties and Disclaimer
Primex Technologies warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards. We do not warrant that the Software or Services will meet all of your requirements or operate in combination with any other hardware, software, systems, or data not provided by us.
Except as expressly stated in these Terms, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the agreement.
10. Termination
Primex Technologies reserves the right to terminate these Terms or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Indemnification
You agree to defend, indemnify, and hold harmless Primex Technologies and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these terms; or c) Content posted on the Website.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Essen, Germany.
13. Changes to Terms
Primex Technologies reserves the right to amend these Terms at any time. We will notify Clients of material changes via email or by posting a notice on our Website. Continued use of the Services after such changes constitutes acceptance of the new Terms.
14. Contact Information
If you have any questions about these Terms & Conditions, please contact us:
Primex Technologies
Hauptstraße 76
45127 Essen, Germany
Email: [email protected]
Phone: +49 211 917 5508