Terms of use

Owned by Adrian Moldovan
Last updated: Dec 02, 2019


Version 1.0

1. Introduction

Unless otherwise indicated, the PGA Themes Pack (https://marketplace.atlassian.com/apps/1221470/pga-themes-pack-for-confluence-cloud?hosting=cloud&tab=overview)  is a work belonging to S.C. PGAConsult S.R.L. (CUI: 30238056). Certain features of the application may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. The software and services provided by PGAConsult S.R.L. are at all times subject to these terms and conditions. By using the plugin you confirm your acceptance of and agree to be bound by, these terms and conditions. These terms and conditions shall constitute the agreement between you and PGAConsult S.R.L. (“this Agreement”).

2. Agreement to Terms and Conditions

This Agreement takes effect on the date on which you install the plugin into any Confluence or Jira installation.

4. Disclaimer

It is not warranted that any software supplied by PGAConsult S.R.L. will meet your requirements or that its operation will be uninterrupted or error-free. PGAConsult S.R.L. excludes and expressly disclaims all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.

5. Warranties and Limitation of Liability

PGAConsult S.R.L. warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where PGAConsult S.R.L. supplies any goods supplied by a third party, PGAConsult S.R.L. does not give any warranty, guarantee or other terms as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to PGAConsult S.R.L. Except in respect of death or personal injury caused by PGAConsult S.R.L.’s negligence, PGAConsult S.R.L. shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by PGAConsult S.R.L.'s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by PGAConsult S.R.L.. PGAConsult S.R.L. shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by PGAConsult S.R.L. as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. PGAConsult S.R.L. when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that PGAConsult S.R.L. are deemed liable to you for breach of this Agreement, you agree that PGAConsult S.R.L.’s liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release PGAConsult S.R.L. from any and all obligations, liabilities and claims in excess of this limitation.

6. Notices and Consents

Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.

7. Assignment of Rights

You shall not assign this Agreement or any benefits or interests arising under this Agreement without PGAConsult S.R.L.’s prior written permission, such as not to be unreasonably withheld.

8. Ownership

PGAConsult S.R.L. reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies, and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. 

9. General Terms and Law

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and PGAConsult S.R.L. as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of v. You agree that PGAConsult S.R.L. will not be liable by reason of any representation, act or omission to act by you. PGAConsult S.R.L.’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of PGAConsult S.R.L.’s right to comply with law enforcement requests or requirements relating to your use of PGAConsult S.R.L. or information provided to or gathered by PGAConsult S.R.L. with respect to such use.

10. Severability

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

11. Entire Agreement

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between PGAConsult S.R.L. and you with respect to your use of services, software and/or goods provided by PGAConsult S.R.L., and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between PGAConsult S.R.L. and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to PGAConsult S.R.L. by conventional mail unless you are otherwise notified shall be:


S.C. PGAConsult S.R.L (CUI: 30238056, Reg. Nr. J12/1409/2012)

Cluj-Napoca

Str. Gh. Dima, Nr 11/10

Cluj, Romania