Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the services provided by Trusted Business Partners ("Provider," "we," "us," or "our"). By registering for an account, accessing our customer portal, submitting web-to-lead forms, submitting ticket forms, requesting estimates, or otherwise using our services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

1. Acceptance of Terms

1.1. Binding Agreement: By registering for an account, accessing the customer portal, submitting any form (including web-to-lead forms, ticket forms, or estimate request forms), or otherwise utilizing any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

1.2. Authority: You represent and warrant that you have the legal authority to enter into this agreement on behalf of yourself or any entity you represent.

2. Services Provided

Trusted Business Partners offers a range of services including, but not limited to:

• Web & APP Development

• Web & APP Design

• Branding

• Graphic Design

• Managed IT Services

• VOIP Services (including SIP Trunking and Hosted PBX System - 3CX)

The specific details, scope, and pricing of services will be outlined in separate service agreements, proposals, or order forms ("Service Agreements") which, once executed, will form part of this overarching agreement. In case of any conflict between these Terms and a Service Agreement, the terms of the Service Agreement shall prevail for the specific services covered therein.

3. Customer Obligations

3.1. Lawful Use: You agree to use the services solely for lawful purposes and in compliance with all applicable local, national, and international laws, regulations, and industry standards, including but not limited to telecommunications laws, data protection laws (e.g., GDPR), consumer protection laws, and marketing regulations in Albania, Italy, and any other relevant jurisdiction where you operate.

3.2. Prohibited Activities: You shall not use the services for any illegal, fraudulent, abusive, harassing, defamatory, or threatening activities, including spamming, phishing, or distributing malware. You are solely responsible for the content of your communications and any activities conducted through your account.

3.3. Accuracy of Information: You agree to provide accurate, current, and complete information during registration and for all forms and service requests. You are responsible for maintaining the accuracy of your account information.

3.4. Account Security: You are responsible for maintaining the confidentiality of your account credentials (username, password) and for all activities that occur under your account, whether authorized by you or not. You must notify us immediately of any unauthorized use or security breach.

3.5. End-User Responsibility: You are solely and fully responsible for the actions and omissions of your employees, agents, contractors, and any end-users (including both calling and called parties) who access or use the Services through your account or systems. You shall ensure that all such parties comply with these Terms and all applicable laws.

4. Payment Terms

4.1. Fees: You agree to pay all fees for the services as specified in the applicable Service Agreements, proposals, or order forms. 4.2. Invoicing and Payment: Payment terms, due dates, and accepted payment methods will be detailed in your Service Agreement or invoices. 4.3. Late Payments: Late payments may be subject to interest charges and/or suspension of services as outlined in your Service Agreement.

5. Data Protection and Privacy

5.1. Roles of the Parties: a. Customer as Data Controller: For all personal data of its end-users (including calling and called parties) and its own employees processed through the Services (e.g., content of communications, call detail records, usage patterns), Customer acts as the Data Controller. b. Provider as Data Controller: For personal data directly collected from Customer (e.g., Customer contact details, billing information, account management data, and certain end-user names, email addresses, phone numbers, and IP addresses for service provisioning and management), Provider acts as a Data Controller. c. Provider as Data Processor: For certain Services (e.g., VoIP, Managed IT, and potentially Web & App Development where Provider hosts or manages user databases), Provider acts as a Data Processor, processing personal data strictly on behalf of and under the documented instructions of Customer. For such processing, a separate Data Processing Agreement (DPA) shall be executed by the parties, which will form an integral part of this Agreement.

5.2. Customer's Obligations as Data Controller: Customer warrants and covenants that it shall, at all times, comply with all applicable data protection laws (including GDPR, where applicable, and relevant Albanian and Italian data protection laws) in its capacity as Data Controller. This includes, but is not limited to: a. Establishing a lawful basis for all personal data processing activities related to its use of the Services. b. Providing all necessary information and privacy notices to its end-users and employees as required by applicable data protection laws. c. Obtaining and maintaining all necessary consents, licenses, and permits required for its processing of personal data, including for call recording, marketing communications, or any other data processing activities involving its end-users or employees. d. Responding to and fulfilling all data subject requests (e.g., access, rectification, erasure, portability, restriction, objection) from its end-users or employees. e. Implementing appropriate technical and organizational measures to ensure the security of personal data under its control.

5.3. Provider's Privacy Policy: Provider's processing of personal data (both as Controller and Processor) is further detailed in its Privacy Policy, available at {privacy_policy_url}.

6. Intellectual Property

All intellectual property rights related to the services, including software, designs, trademarks, and content provided by Trusted Business Partners, remain our exclusive property. You are granted a limited, non-exclusive, non-transferable license to use the services solely for your internal business operations as permitted by these Terms and any applicable Service Agreement.

7. Disclaimer of Warranties

The services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the services will be uninterrupted, error-free, secure, or meet your specific requirements.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Trusted Business Partners be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with these Terms or the use or inability to use the services. Our total aggregate liability to you for any and all claims arising out of or related to these Terms shall in no event exceed the total amount of fees paid by you to us for the services giving rise to the claim during the six (6) months immediately preceding the event giving wise to the liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless Trusted Business Partners, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your breach of these Terms or any Service Agreement; (b) your use of the services, including any actions or omissions of your end-users (both calling and called parties); (c) any third-party claims, including those from governmental authorities in Albania, Italy, or any other relevant jurisdiction, alleging unlawful or improper use of the services by you or your end-users; or (d) any claims arising from the content of communications transmitted using the services.

10. Suspension and Termination

10.1. We may immediately suspend or terminate your access to the services, in whole or in part, without prior notice if we reasonably believe you are in breach of these Terms or any Service Agreement, or if required by law or a governmental authority. 10.2. Either party may terminate this Agreement upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice thereof. 10.3. Upon termination, your right to use the services shall immediately cease. You remain responsible for all fees accrued up to the date of termination.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Albania, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be exclusively submitted to and finally resolved by the competent courts located in Tirana, Albania.

12. Miscellaneous

12.1. Entire Agreement: These Terms, together with any executed Service Agreements and our Privacy Policy, constitute the entire agreement between you and Trusted Business Partners. 12.2. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. 12.3. No Waiver: Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision. 12.4. Updates: We reserve the right to modify these Terms at any time. We will notify you of any material changes, and your continued use of the services after such notification constitutes your acceptance of the revised Terms.

By proceeding with registration, accessing the customer portal, submitting any forms (web-to-lead, ticket, estimate request), or using our services, you explicitly acknowledge and agree to these Terms and Conditions.