Preamble
The following Service Supply Agreement (hereinafter referred to as "TFS", "TERMS", "AGREEMENT") applies when You (hereinafter referred to as "CUSTOMER", "BENEFICIARY", "YOUR", "YOU", "YOUR", "YOU", "YOUR") use our Website (hereinafter referred to as "WEBSITE", "CUSTOMER ACCOUNT"), respectively when you Order any of the services provided or options available in the commercial offer of ROMARG SRL (hereinafter referred to as "ROMARG", "WE", "US", "OURS", "SUPPLIER", "OURS"). Together ("ROMARG" and "CLIENT") we are referred to as the "PARTIES". ROMARG is a registered trademark of ROMARG SRL, and the purchase of a product or service does not grant you any right of use or disposition of the trademark.
Definitions
Unless otherwise defined in this TFS, the following terms are defined as follows:
"Contract" - means the terms of provision of services and all the policies/conditions published on our website in the Legal Terms section which are completed by the Order sent by you for the purchase of services, respectively the emails sent as a result of the order.
"Order" - means any purchase order made by the Client for services found in the ROMARG offer.
"Site"- refers to the ROMARG website, both the public website available at the web address www.romarg.ro or the Client Account available at the web address yeti.romarg.com.
"Services" - means any of the services provided by ROMARG.
"Ticket" - refers to any support request transmitted via email or Client Account.
"AUP" - Terms of Acceptable Use of the contracted Services which constitute an integral part of this contract.
"SLA" - Quality Commitment of the Contracted Services which forms an integral part of this contract.
"PTM" - Email Forwarding Policy which forms an integral part of this contract.
"30days" - Refund Policy which forms an integral part of this contract.
"PDP" - Personal Data Protection Policy which forms an integral part of this contract.
"LiveMove" - The terms of free transfer to ROMARG from another provider which is an integral part of this contract.
"ROTLD Rules" - Terms and conditions of domain name registration which are an integral part of this contract.
"EURID Rules" - Domain Name Registration Terms and Conditions which form an integral part of this contract.
"OPENSRS/ICANN Rules" - Domain Name Registration Terms and Conditions which form an integral part of this Agreement.
"Registry" - The authority that regulates/administers domain names (ROTLD, EURID, OPENSRS or ICANN).
Lamuriri
These terms represent the Contract with ROMARG which must be accepted before ordering any service from the ROMARG Website. Any order confirmed by the Client by ticking the box "YES, I agree and declare on my own responsibility that I have read the Legal Terms" and by clicking the "Submit Order" button represents an acceptance by the Client of the ROMARG offer and of these Terms, under the conditions stipulated by art. 9 of the Law 365/2002 on electronic commerce. Pressing the "Send Order" button represents an electronic signature, in the meaning of art. 4, point 3 of the Law on electronic signature no. 455/2001, having the same value as a handwritten signature.
The technical steps for concluding the Contract involve selecting the desired Service, filling in the order form, reading and accepting the Legal Terms and clicking the "Submit Order" button.
The contract is stored by the Provider and accessible at any time at https://www.romarg.ro/contract.pdf
A cryptographic control key present on the tax invoices, or on the Website, will be used to uniquely identify this contract.
PARTIES TO THE CONTRACT
The Parties to this Contract are:
1. S.C. ROMARG SRL with registered office in Sfantu Gheorghe, Covasna County, is registered at the Trade Register Office, under number J14/900/1994 with Fiscal Code RO 6529540 with Operational Headquarters in Str. Ionescu Crum, nr. 1, Brasov Business Park, Turn 2, 6th Floor, represented by Mr. Tofan Radu as Administrator as Supplier, and
2. The legal entity or natural person identified by the data entered in the order form, information that is included in the first invoice received as Beneficiary. The invoice becomes an integral part of this contract.
The beneficiary guarantees that the data entered in the order form are correct and that they are in accordance with reality. By filling in the order form you declare on your own responsibility that you are a natural person over 18 years of age; if you represent a legal person, by filling in the order form you declare on your own responsibility that you have full authority and competence to conclude and sign this contract and to perform the obligations arising from it. In the event that the data entered contains errors, these can be corrected by accessing the customer account using the access data sent by Us after the first order or by resetting the password which can be done using the specific form on the Site. The data can be modified by sending to ROMARG to the attention of the legal department at legal@romarg.com the necessary documents guaranteeing the identification of the Beneficiary. The filling in of false or incorrect data by the Beneficiary may lead to the suspension or termination, as of right, without notice and without fulfilling any other formalities, of this Contract and/or the Services that are the object of the Contract. The Beneficiary shall also be liable for the actions of its own employees or third parties using the login or access data made available to it by the Provider, which data comes into the possession of the Beneficiary's employees or third parties through the Beneficiary.
SUBJECT MATTER OF THE CONTRACT
Through this Contract, the Supplier undertakes to make available to the Beneficiary the following services, which are evidenced in the invoices issued by ROMARG to the Beneficiary, as follows:
The Supplier undertakes to provide technical assistance for the contracted Services. However, there may be situations in which the resolution of a certain situation does not fall within the limits of competence assumed by ROMARG.
VALUE OF SERVICES
ROMARG will issue proforma invoices on the basis of which the Beneficiary must pay the value of the contracted Services. The only exception are public institutions subject to the provisions of Law no. 98/2006 on public procurement, for which invoices will be issued after the finalization of the procurement procedures through the SICAP system.
The billing period is chosen by you in the order form. This can be changed by a written request addressed to the Payments department by sending a Ticket. The billing period can only be changed via Tickets for hosting or server rental services and only if the contract is active.
The prices of the Services provided by ROMARG can be displayed on the Website in Lei or in Euro and do not include VAT. In the case of prices in Euro, the conversion is made on the day of the invoice at a fixed exchange rate. The exchange rate is displayed on our Website as well as on the invoice.
TERMS OF PAYMENT
ROMARG will issue the first proforma invoice immediately, automatically, right after the signing of the Contract. Subsequently, 14 calendar days before the expiration of the initial period contracted by the Client, the Supplier will automatically issue proforma invoices for the extension of the Contract according to the invoicing period chosen by the Client. Payment of the value of the Contracted Service becomes due 14 calendar days after the Supplier issues the proforma invoice, i.e. at the expiry of the initial contracted period. The proforma invoice will be sent to the e-mail address associated with the Customer Account, for which reason the Customer is solely responsible for ensuring that he has declared a valid e-mail address, over which he has full right of disposal.
The customer can pay these proforma invoices by Bank Transfer or Online Card. We accept online payments with Visa and Mastercard. For Online Card payments the approved processors are PayU and PayPal. Payments with PayPal can be made only for proforms for the activation of hosting or server rental services, respectively for the extension of these contracts. In case of Contract extensions, payments with PayPal can be used only when the Service is active. For suspended Contracts it will be necessary to pay by PayU or bank transfer.
DATE ON WHICH THE SERVICE STARTS
ROMARG is obliged to activate the Services covered by this Contract within 15 minutes after the Beneficiary's payment registration. Payment registration implies for payments made Offline (by bank transfer, cash deposit) its confirmation by our bank and manual processing by a ROMARG representative, and for payments made with the Online Card it is automatically realized instantly or within 2 minutes from the finalization of the payment.
Manual processing of payments made Offline, is done exclusively from Monday through Friday between 09.00 - 18.00.
The starting date of the provision of the contracted Service is the date on which ROMARG makes available to the Client by email or in the Client Account the access information or the information necessary for the Client to use the Service.
RETURN OF AMOUNTS PAID
All valid payments made by the Client are non-refundable. Payments made in advance will not be refunded even in the event of early termination of the contracted Services. However, in accordance with the 30-day guarantee, to the extent that you decide within the first 30 calendar days from the date of commencement of the Service to cancel the Service, we will refund all or part of the amounts paid. Details of the Services subject to the 30-day guarantee are displayed online on our Website in the Legal Terms section.
WITHDRAWAL OF CONTRACTED SERVICES
The Beneficiary understands and agrees that failure to confirm payment by the due date of the Contract will result in suspension of the Service. ROMARG will send a notification by e-mail to the correspondence address associated to the Client Account 24 hours before the moment of suspension.
The Beneficiary understands and agrees that the service will be reactivated only after full payment of the invoice has been registered in the system.
The Beneficiary understands and agrees that if the payment for the contracted Service according to the issued proforma is not registered in the system within 30 calendar days after the expiration of the last paid period, the contract will enter into automatic termination procedure. From the moment the contract is in the automatic termination procedure all the data stored on the Provider's servers will enter the deletion procedure.
This contract shall terminate automatically at the end of the initial contracted period if the Beneficiary does not agree to pay the proforma invoice for the extension of the services. The Contract may be terminated by agreement of the parties, prior to the expiry of the term of the Contract.
ROMARG may cease/suspend the provision of the Service contracted by the Beneficiary on its own initiative, without any delay and without any other formalities or prior notice, in the event that:
In addition to the terms mentioned above The Parties may terminate this Contract if:
In case a national or international authority brings solid arguments incriminating the activity of the Beneficiary, ROMARG may suspend the Service without any further obligations.
In case of breach of the terms of this Contract by the Beneficiary, ROMARG will keep, as damages, any amount paid in advance by the Beneficiary and will not be obliged to refund the value of the Services not performed to the Beneficiary.
PRIVACY
ROMARG will use its best efforts to maintain the confidentiality of the Beneficiary's data stored or transferred through it. The administration of the Services contracted with ROMARG is realized through an application called Client Account. After signing this Contract, the Client will automatically receive from ROMARG, at the e-mail address filled in the order form, a password, a numeric or alphanumeric code necessary for authentication in the Client Account.
The Customer is responsible for maintaining the security of the Customer Account and authentication data. The Customer is fully responsible for the activities that take place on his/her account and any actions in connection with the contracted Service.
The Client is fully responsible for the actions of the partners (legal representatives or their employees) engaged in the realization/maintenance and/or promotion of the contracted Service.
You agree to notify ROMARG of any unauthorized access or other security breaches. ROMARG assumes no responsibility for any loss or damage that is beyond the Client's ability to remedy. You acknowledge and agree that in no event shall Provider be liable in any way whatsoever for any acts or omissions of Client or users of the Service resources to which You provide access, including any damages of any kind incurred by them due to any acts or omissions. In the event that any sums of money will have to be paid by way of damages or fines and other amounts, the Client will be obligated to pay such sums of money, and not ROMARG.
ROMARG does not check the content uploaded, stored or transferred by the Beneficiary or any other third party and consequently cannot be held responsible in any way for this content. However, in the event that ROMARG is notified by a competent authority in accordance with the relevant civil/criminal procedural provisions, ROMARG may act swiftly to remove or block access to the content subject to the notification.
GENERAL TERMS OF HOSTING SERVICE, GUARANTEES
The hosting service refers to Hosting Contracts (Enduser, Reseller, Pro Hosting), Virtualized Servers Rental (VPS Servers, Cloud Reseller, Shared Servers and Virtualized Data Center), Dedicated Servers Rental.
ROMARG guarantees that the contracted Service will be delivered under normal operating conditions. Normal conditions are determined by measuring the uptime registered by the server serving the contracted Service. The measurement is carried out over the interval of a calendar month excluding maintenance periods announced in advance and / or situations of force majeure. VPS and Reseller Server Services benefit from a 99.9% Uptime guarantee. For the rest of the Services the guaranteed uptime is 100%.
Conditions, Guarantees and definition of force majeure situations are defined in the SLA document which is an integral part of this contract.
ROMARG is not liable and is not responsible for the non-performance of the Service, for the degradation or any delay in its provision, which:
Use of the Service is at Your own risk. The Service is provided on an "AS IS" basis. ROMARG assumes no responsibility and makes no warranties of any kind, either express or implied, including, but not limited to, customary warranties of merchantability, fitness for a particular purpose. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk, and You are responsible for any damage to Your computer equipment or loss of data that results from the download of any material. The security mechanisms built into the Software have inherent/effective limitations and it is Your responsibility to identify Your exact requirements.
ROMARG hereby does not warrant that:
ROMARG will use reasonable efforts to maintain the Service, however, ROMARG cannot be liable for any damage, loss of data, loss of customer details or vendor details, revenue or other business interruption, loss of data, loss of revenue or other business damage due to delays, mis-transmission or non-transmission of information, due to restriction or interruption of access, bugs or other errors, unauthorized use due to shared access to the Service, or other interactions with the Service.
Upgrading to a higher subscription can be done at any time, according to the Provider's technical possibility at that time and according to the rules established by this Contract or publicly displayed on the Website in the Frequently Asked Questions section. Switching to a lower subscription can be realized only for active accounts.
The Beneficiary is responsible for the maintenance and back-up of data and any information stored through the Service.
GENERAL TERMS OF SERVICE DOMAINS, GUARANTEES
The Beneficiary understands that ROMARG provides only the intermediation of the domain name registration service. Registration of domain names is carried out in accordance with the terms and conditions of the specific domain name registry. The Beneficiary accepts the terms and conditions imposed by each Registry that are part of this Agreement, see ROTLD Rules, EURID Rules, OPENSRS/ICANN Rules respectively. The Beneficiary understands that acceptance of these terms represents a Contract between him and the Registry, and ROMARG is a third party to this Contract.
The Beneficiary assumes full responsibility for the data filled in the order form. Submission of the order form constitutes a guarantee to the Registry that the Beneficiary is entitled to use the requested domain name.
The Beneficiary will not involve ROMARG or the Registry in any litigation or other damages arising from the use of the domain name. Acceptance of an order and registration of a domain name does not mean that ROMARG or the Registry recognizes that the registrant has the legal right to use that domain name.
Domain names are registered by the Registry only after payment of the registration fee. ROMARG will register the domain name only after registration of the payment from the Client. ROMARG is not responsible for the possible registration of a domain name by a third party, in the interval between the filling in of the form and the registration of the effective payment.
ROMARG can in no way guarantee the registration of domain names, but only takes the Client's requests and forwards them to the Registry. Also, ROMARG cannot guarantee the accuracy of the information provided by the Registry.
LIMITATION OF OBLIGATIONS
Intelegeti si sunteti de acord cu faptul ca ROMARG, asociatii sai sau alti parteneri, directori, actionari sau angajati ROMARG nu au obligatii pentru orice paguba directa, indirecta, speciala, exemplara, inclusiv, dar nelimitandu-se numai la pagube de pierdere de castiguri viitoare, bunacredinta, folosire, date sau alte bunuri intangibile (chiar daca ati avertizat ROMARG de posibilitatea unor asemenea pierderi), rezultand din: Your use of or inability to use the Service, errors, defects, omissions, delays in operations or transmissions or any other failure of the proper functioning of the Service or software; The cost of procurement of goods or services to replace those purchased or obtained through messages or transactions made through the Service; Unauthorized access to or alteration of Your transmissions or data; The representations and conduct of another party in relation to the Service; Any goods or services offered or sold through the Service. Any other matter relating to the Service or software.
APPLICABLE LAW
The law applicable to this Contract and the relationship between the Client and ROMARG shall be governed by the laws of the Romanian State. This contract is concluded on the date of acceptance of its provisions by the Client, as specified in the first invoice issued by ROMARG.
This Contract is completed with the information from the invoice sent to the Client by ROMARG, including the Client's identification data, the explanation of the services offered and the pricing, which is an integral part of this Contract.
In addition, the following become part of this contract as previously defined: AUP, SLA, PTM, 30days, PDP, LiveMove, ROTLD Rules, EURID Rules, OPENSRS/ICANN Rules.
If any provision of this Contract or other incorporated documents is proven by a competent institution to be null and void, the parties agree that this institution shall interpret the contractual clauses as closely as possible to their current form; the remaining contractual provisions shall remain in force.
THE RELATIONSHIP BETWEEN THE PARTIES
This Contract shall not establish any partnership, joint venture, employment or agency relationship between ROMARG and the Beneficiary. Neither ROMARG nor the Beneficiary shall have the power to bind the other party or create obligations for the other party without the prior written consent of the other party, except as expressly stated in this Contract.
ROMARG and Client agree that, except as expressly written in this Agreement, there shall be no third party beneficiaries of this Agreement, such as insurance companies for any party or Client's users, without limitation.
FINAL CLAUSE
The signatories of this contract confirm that it represents their entire will, the clauses being unanimously accepted, including the non-usual clauses in the meaning of art. 1203 Civil Code.
The Customer agrees that regardless of any other law or statute, any claim or dispute arising out of this Agreement or related to the use of the Services or the Agreement must be brought within one year from the date of the event giving rise to the claim or dispute, or the right of action shall be forfeited.
Any dispute arising out of or in connection with this Contract, including in relation to its conclusion, performance or termination, if it cannot be settled amicably, shall be settled by arbitration by the Arbitration Commission of the Balkan Arbitration Association - Brasov Branch, in accordance with its Rules of Arbitration Procedure.
In the event that the Beneficiary is a public institution, this arbitration agreement shall take effect in accordance with Article 542 of the Code of Civil Procedure. The contract shall be deemed concluded in Sfantu Gheorghe, Romania.
INTEGRAL PARTS OF THIS CONTRACT
"AUP" - Acceptable Use Terms of Service contract which forms an integral part of this contract.
https://www.romarg.ro/utilizare-acceptabila.html
"SLA" - Commitment of quality of contracted services which is an integral part of this contract.
https://www.romarg.ro/angajament-de-calitate.html
"PTM" - The email forwarding policies that are an integral part of this Agreement.
https://www.romarg.ro/politica-de-trimitere-a-emailurilor.html
"30days" - The refund policy which forms an integral part of this contract.
https://www.romarg.ro/garantia-de-30zile.html
"PDP" - Personal Data Protection which forms an integral part of this contract.
https://www.romarg.ro/protectia-datelor-personale.html
"LiveMove" - The terms of free transfer to ROMARG from another provider which are an integral part of this contract.
https://www.romarg.ro/livemove-transfer-site-la-romarg.html
"PRC" - Contract Termination Policy at ROMARG which is an integral part of this contract.
https://www.romarg.ro/politica-reziliere-contracte.html
"ROTLD Rules" - Terms and conditions of domain name registration which form an integral part of this contract.
https://rotld.ro/reguli-de-inregistrare/
https://rotld.ro/registration-agreement/
"EURID Rules" - Domain Name Registration Terms and Conditions which form an integral part of this contract.
https://eurid.eu/ro/inregistrai-un-domeniu-eu/reguli-pentru-domeniile-eu/
https://eurid.eu/ro/inregistrai-un-domeniu-eu/nume-de-domenii-cu-caractere-speciale-idn-uri/
https://eurid.eu/ro/inregistrai-un-domeniu-eu/dispute-privind-numele-de-domeniu/
"OPENSRS/ICANN Rules" - Terms and conditions for domain name registration which constitute an integral part of this contract.
https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html
https://www.icann.org/resources/pages/policy-2012-02-25-en
https://www.icann.org/resources/pages/educational-2012-02-25-en
https://www.icann.org/resources/pages/responsibilities-2014-03-14-en
https://www.icann.org/resources/pages/benefits-2013-09-16-en
Section titles in these terms are for convenience only and have no legal or contractual effect.
The contract in uneditable format is published at https://www.romarg.ro/contract.pdf.
The cryptographic control key for the contract is d3318525c7281b0221d2eb90f7475758f6.