Terms of Use
Published November 9, 2024
1. Introduction
Welcome to Applied Engineering’s website. These Terms of Service (“Terms”) outline the agreement between you, the user (“you” or “user”), and Applied Engineering (“we,” “us,” or “our”) regarding the use of our website and services. By accessing, browsing, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions referenced herein.
Applied Engineering reserves the right to revise these Terms at any time by updating this page, with or without notice. It is your responsibility to periodically review the Terms to stay informed about any changes. Continued use of our website and services following any modifications signifies your acceptance of the updated Terms. If you do not agree to any part of these Terms, please discontinue your use of our website and services.
2. Services Overview
Applied Engineering provides high-quality engineering solutions, mining support, equipment, and parts sourcing for clients primarily located in the Lualaba and Haut-Katanga Provinces. Our services include, but are not limited to:
- Engineering Solutions: Custom engineering services tailored to meet the unique operational needs of clients in mining, construction, and other heavy industries.
- Equipment Supply and Maintenance: Provision of durable, high-performance equipment and comprehensive maintenance services to ensure ongoing operational efficiency.
- Parts and Components Sourcing: Reliable sourcing and supply of industry-leading parts and components from trusted brands, guaranteeing the availability of essential materials and equipment for your projects.
- Technical Support and Consulting: Expert advisory and hands-on technical support for streamlined operations and maximized project outcomes.
3. User Responsibilities
As a user of Applied Engineering’s website and services, you agree to act responsibly and comply with all applicable laws, regulations, and these Terms. By accessing our website, you commit to the following:
- Accurate Information: You agree to provide accurate, complete, and current information in any interactions with Applied Engineering, such as inquiries, forms, or service requests.
- Lawful Use: You will not use our website for any illegal, harmful, fraudulent, or unauthorized purpose. This includes avoiding actions that could damage, disable, overburden, or impair the website or interfere with other users’ experience.
- Respect for Security Measures: You agree not to bypass, alter, or interfere with any security features of our website, and you understand that any attempt to gain unauthorized access to our systems, data, or other user accounts is strictly prohibited.
- Responsible Sharing: You are responsible for maintaining the confidentiality of any login credentials, where applicable, and agree not to share, distribute, or post content on our website that is misleading, offensive, defamatory, or infringing on the rights of others.
- Compliance with Third-Party Terms: If accessing third-party links or services through our website, you agree to comply with any additional terms or guidelines set forth by those third-party sites.
4. Intellectual Property Rights
All content, features, and functionalities on the Applied Engineering website, including but not limited to text, graphics, logos, images, videos, software, and overall design, are the exclusive property of Applied Engineering or our licensors. These materials are protected by copyright, trademark, patent, and other intellectual property laws and treaties.
- Limited License to Use: Applied Engineering grants you a limited, non-exclusive, non-transferable license to access and use the website and its content strictly for personal and non-commercial use. This license does not grant you any rights to modify, reproduce, distribute, create derivative works from, publicly display, or exploit the content in any manner unless expressly authorized by Applied Engineering
- Prohibited Uses: You may not use Applied Engineering’s intellectual property, including our logo, without prior written consent. Furthermore, any unauthorized copying, distribution, reproduction, or modification of any content on the website is prohibited and may result in legal action.
- User-Generated Content: Any information, feedback, suggestions, or other material that you submit to Applied Engineering remains your property. However, by submitting it, you grant us a worldwide, royalty-free, and perpetual license to use, reproduce, distribute, display, or modify this content as needed for business purposes.
5. Privacy and Data Protection
At Applied Engineering, safeguarding your privacy and personal information is a priority. We are committed to complying with all relevant data protection laws and regulations to ensure that your data is handled responsibly and transparently.
- Data Collection: We may collect personal information, such as your name, contact details, and payment information, to deliver our services effectively. Details on how we gather and process this data are outlined in our Privacy Policy.
- Purpose of Data Use: Collected data is used strictly for purposes related to your experience with Applied Engineering. This includes processing inquiries, improving our services, personalizing your user experience, and managing transactions securely.
- Data Security Measures: Applied Engineering employs industry-standard security protocols and technology to protect your information from unauthorized access, alteration, and misuse. However, while we strive to protect your personal data, no system can be completely secure, and we cannot guarantee absolute security.
- User Consent: By using our services, you agree to our collection, use, and sharing of your information as outlined in our Privacy Policy. If you have concerns or wish to modify your privacy settings, you can reach out to us at any time.
- Third-Party Sharing: We may share your information with trusted third parties only when necessary to fulfill a service or as required by law. This includes partnering vendors, payment processors, and legal authorities. Rest assured that any third-party involvement will adhere to strict confidentiality agreements.
- Data Retention and Your Rights: We retain personal information as long as needed for business or legal purposes. You have the right to request access, modification, or deletion of your personal data. Please contact us at the provided email address to exercise these rights.
6. Payments and Billing
Applied Engineering is committed to transparency and user control over personal data. Users have specific rights that allow them to access, modify, and manage their information. Your rights include:
- Payment Terms: Payments for services or products are due as specified in the contract or agreement. Accepted payment methods, such as credit cards, bank transfers, or other arrangements, will be detailed in your invoice or billing documentation.
- Billing Process: You will receive a detailed invoice for each transaction, which includes a breakdown of services, applicable fees, and payment terms. Invoices are typically sent electronically, though physical copies may be requested when needed.
- Late Payments and Fees: Timely payment is essential for uninterrupted service. Late payments may be subject to penalties or interest, as stipulated in your service agreement. Repeated delays in payment may result in suspension of services until outstanding balances are resolved.
- Currency and Tax: All charges will be billed in the specified currency outlined in your service agreement, typically local currency, unless otherwise noted. Any applicable taxes, including VAT or sales tax, will be included in the final invoice.
- Disputed Charges: If you have questions or concerns about any billed item, please notify us immediately so we can address and rectify any discrepancies. Applied Engineering is committed to transparency and will work with you to resolve any billing issues efficiently.
- Refunds and Cancellations: Our refund and cancellation policies depend on the specific service purchased. Some products or services may be eligible for partial refunds, while others may be non-refundable. Details will be provided in your service agreement or can be discussed directly with our billing team.
To exercise these rights, you may contact us at legal@appliedengineering.co.za. We are committed to processing all requests promptly and in compliance with applicable privacy laws, ensuring your rights are respected and upheld.
7. Disclaimers and Warranties
At Applied Engineering, we are committed to delivering high-quality services and products. However, it’s important to note certain limitations and disclaimers to provide a realistic understanding of the scope of our commitments.
- No Implied Warranties: While we strive to ensure the highest standards, our services and products are provided "as is" and "as available." Applied Engineering makes no explicit or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee that our services will always meet your expectations or be error-free, uninterrupted, or completely secure.
- Performance Variability: Due to variables like user specifications, external conditions, and client implementation, the performance of our solutions may vary. Any specific performance results highlighted are for illustrative purposes only and should not be interpreted as guaranteed outcomes.
- Third-Party Content and Services: We may occasionally refer to or utilize third-party content, products, or services. While we aim to partner with reliable entities, Applied Engineering does not assume responsibility for the accuracy, safety, or quality of any third-party materials or services. We encourage clients to review any third-party terms and conditions independently.
- Informational Purposes Only: Any information provided on our website, documentation, or through consultations is intended for informational purposes and should not be considered as professional advice. Clients are encouraged to consult industry specialists or advisors for specific guidance or recommendations based on their individual needs.
- User Responsibility for Equipment and Software: You are responsible for maintaining the hardware, software, and network settings required to use our services. Applied Engineering is not liable for issues arising from incompatibility, configuration, or lack of necessary resources.
8. Limitation of Liability
Applied Engineering’s liability is carefully outlined to balance the needs of both our clients and our business. This section defines the extent to which we are responsible for any damages or losses.
- Liability Cap: To the maximum extent allowed by law, Applied Engineering’s liability for any claims, damages, losses, or costs resulting from our services, whether arising from contract, tort, or otherwise, is limited to the amount you have paid for our services during the 12-month period preceding the claim.
- Exclusion of Certain Damages: We are not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages. This limitation applies regardless of the nature of the claim or how damages are alleged to have been caused.
- Third-Party Interactions: Applied Engineering is not responsible for damages or issues arising from third-party interactions, including those with vendors, contractors, or affiliates. Any agreements or transactions between you and a third party are solely between you and the respective third party.
- Unforeseeable and External Events: We are not liable for delays, failures, or damages caused by events beyond our reasonable control, such as natural disasters, acts of government, power failures, internet disruptions, or similar circumstances. While we will take reasonable steps to mitigate any impacts, some occurrences may temporarily limit or disrupt our ability to deliver services.
- Client-Induced Issues: If damages or issues arise due to your actions, negligence, or failure to adhere to Applied Engineering’s guidelines, our liability is further limited. This includes situations involving unauthorized modifications, misuse of our products, or breaches of our Terms of Service.
- No Guarantee for Outcome or Results: Applied Engineering aims to provide high-quality solutions but does not guarantee specific results or outcomes. The nature of engineering and technology services means that results can be influenced by numerous external and client-specific factors.
9. Indemnification
To ensure mutual protection and fairness, this indemnification clause establishes your responsibility to protect Applied Engineering against certain claims and liabilities arising from your use of our services.
- Client Responsibility: By using our services, you agree to defend, indemnify, and hold harmless Applied Engineering, its affiliates, employees, and representatives from any claims, damages, losses, or liabilities arising from your actions, including but not limited to misuse of our services, violation of our Terms of Service, or breach of applicable laws.
- Scope of Indemnity: Your indemnification obligations cover all reasonable legal fees, court costs, and other expenses incurred by Applied Engineering in defending against claims resulting from your use of our services. This includes liabilities arising from any unauthorized use, infringement on intellectual property, or negligence related to your account or use of our products.
- Third-Party Claims: If a third-party claim is made against Applied Engineering due to your actions or omissions, you agree to cooperate fully with us in addressing the claim. This may include providing relevant information, assisting in defense strategies, or reimbursing costs associated with legal proceedings.
- Notice of Claim: Applied Engineering will promptly inform you of any claim or potential liability arising under this indemnification clause. However, our failure to promptly notify you does not relieve you of your indemnification obligations unless you can demonstrate material prejudice resulting from delayed notification.
- Reserved Rights: Applied Engineering reserves the right, at its sole discretion, to assume control of the defense and settlement of any claim subject to indemnification by you. In such cases, you agree to cooperate fully and provide necessary support for the defense and resolution of the claim.
10. Termination of Services
This section outlines the conditions under which services may be terminated, either by the client or by Applied Engineering, along with the potential implications of such termination.
- Voluntary Termination by Client: Clients may terminate their services with Applied Engineering at any time by providing written notice. Termination does not relieve you of any outstanding fees or obligations, and any pre-paid fees are non-refundable unless otherwise specified in a separate agreement.
- Termination by Applied Engineering: Applied Engineering reserves the right to terminate or suspend services, in whole or in part, under circumstances such as non-payment, misuse of services, breach of terms, or any actions deemed to harm our network, clients, or reputation. If terminated for cause, Applied Engineering may impose cancellation fees or other charges as outlined in your service agreement.
- Effect of Termination: Upon termination, your access to Applied Engineering’s services will be immediately revoked. Any outstanding fees become due, and any remaining prepaid service fees may be non-refundable. It is your responsibility to retrieve any personal data or information stored within our services prior to termination.
- Data Retention and Access: Applied Engineering retains the right to store and maintain your data for a specified period following termination, as required by law or industry standards. After this period, any remaining data will be permanently deleted from our systems. Clients may request temporary access to retrieve information during this period, subject to applicable fees.
- Reactivation and Renewal: Clients may request reactivation of services within a certain timeframe following termination, subject to Applied Engineering’s approval. A reactivation fee and updated service terms may apply. Applied Engineering also reserves the right to deny renewal or reactivation based on the client’s prior account history or other relevant factors.
11. Governing Law and Jurisdiction
To ensure clarity and consistency, this clause establishes that the Terms of Service and any disputes arising from them are governed by the laws of the Democratic Republic of Congo (DRC).
- Applicable Law: The Terms of Service, along with any claims or disputes related to your use of Applied Engineering’s services, shall be governed by and interpreted in accordance with the laws of the Democratic Republic of Congo, without regard to conflict of law principles. This includes any claims arising out of contracts, torts, statutory provisions, or other legal grounds.
- Jurisdiction: By using Applied Engineering’s services, you agree to submit to the exclusive jurisdiction of the courts located in the DRC. Any disputes that cannot be resolved through informal negotiation or mediation shall be brought exclusively before the competent courts in the DRC. You waive any objections based on venue or inconvenient forum in these courts.
- Alternative Dispute Resolution: In an effort to resolve disputes amicably, Applied Engineering encourages clients to consider mediation or arbitration before pursuing litigation. Any alternative dispute resolution process must take place in the DRC, and both parties must mutually agree to the process.
- International Clients: Clients outside of the DRC acknowledge and accept that the choice of DRC law and courts as the governing legal framework applies to them and waive any rights to claim otherwise based on international jurisdictional standards.
12. Changes to Terms
This section highlights Applied Engineering’s commitment to transparency and its right to update the Terms of Service to reflect operational changes, regulatory requirements, or service enhancements.
- Right to Modify Terms: Applied Engineering reserves the right to update or modify these Terms of Service at any time. Such changes may be made to reflect updates in our services, comply with regulatory requirements, or align with industry standards. We encourage you to periodically review the Terms of Service to stay informed of any modifications.
- Notification of Changes: In the event of a material change to the Terms of Service, Applied Engineering will notify clients by email or through prominent announcements on our website. This may include major updates to our policies on data privacy, service features, or payment terms. Minor changes, such as clarifications or formatting adjustments, may not require direct notification but will still be posted in the updated Terms.
- Acceptance of Revised Terms: By continuing to use our services after the updated Terms of Service have been posted, you acknowledge and agree to the changes. If you do not accept the revised terms, you must discontinue use of Applied Engineering’s services and contact us for any necessary account closure procedures.
- Review Period: For major changes, Applied Engineering may provide a review period during which clients can examine the new terms and submit any questions or concerns. This period is intended to enhance understanding and transparency, allowing clients to address any issues prior to the changes becoming effective.clients can examine the new terms and submit any questions or concerns. This period is intended to enhance understanding and transparency, allowing clients to address any issues prior to the changes becoming effective.
13. Contact Information
Applied Engineering is dedicated to assisting clients with any questions, concerns, or support needs related to our services or policies.
Clients can reach out to Applied Engineering’s team with any questions or feedback regarding our Terms of Service, privacy practices, or service inquiries. We welcome communication through multiple channels:
Applied Engineering Contact Information
- Address: 439 Mukaka Avenue, Quartier Industriel, Commune of Manika, Kolwezi, Lualaba, Dem. Rep. of Congo
- Phone: +243 999 688 886
- Email: legal@appliedengineering.co.za
- Response Time: Applied Engineering strives to respond to all client inquiries within a reasonable timeframe, typically within 2-3 business days. For urgent matters, please reach out via phone for a quicker response.
- Feedback and Suggestions: We value feedback from our clients and encourage you to share any suggestions or improvements related to our services. Your input helps us enhance our offerings and better serve your needs.
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