Art. 1. The parties to this contract are
Beneficiary guarantees the correctness of the data entered in the order form and the fact that they correspond to reality. If the data entered contains errors, they can be corrected by accessing the customer account and using the associated username and password. The data can also be modified by other methods that guarantee authentication Beneficiary, including through an email sent to the address email@example.com. Entering false or incorrect data by Beneficiary leads to the termination of this Agreement by right, without notification and without the fulfillment of other formalities. Beneficiary is also responsible for the actions of its own employees or third parties who use the login or access data made available to it by the Provider.
Art. 2.1. According to this Agreement, The provider undertakes to provide the Beneficiary with the following services, the specifications of which can be found in the first invoice issued by Provider by Beneficiary and in the provisions of this contract:
Art. 2.2. In the situation where Beneficiary wants to change or supplement the services, can request this the Provider. These changes will be reflected in subsequent invoices.
Art. 2.3. Beneficiary understands and agrees that, in the case of the purchase of services, certain technical operations - which include but are not limited to: creating and transferring websites, populating databases, adding e-mail boxes and other operations made available Beneficiary through the administration panel - fall exclusively under his responsibility.
Art. 3.1. This contract produces its effects for one year from the moment of its signing (contractual period). Subsequently, the duration of the contract is automatically extended by periods equal to the initial one (extended contract period), unless Beneficiary notify The provider, at least 30 days before, about his intention not to extend the Contract or does not pay the extension proforma issued by Provider.
Art. 3.2. The contract can be terminated at any time, upon request Beneficiary, with 30 days notice.
Art. 4.1. Payment of the consideration for the service becomes due within 14 working days from the moment the proforma invoice is issued by Provider.
Art. 4.2. The provider will issue the first proforma invoice after the acceptance of the Contract. Subsequent, The provider will issue proforma invoices 14 days before the expiry of the paid period, for a period equal to the last period paid by Beneficiary or for another period established by mutual agreement with Beneficiary.
Art. 4.3. Beneficiary agrees to pay the consideration for the services in advance compared to the period of their provision. After payment of the services by the customer, The provider will send the corresponding invoice, in electronic format (.pdf) to the address in the account Beneficiary. Upon request, the invoice will be sent Beneficiary and printed on paper.
Art. 4.4. The beneficiary understands and agrees that in the event that the payment is not confirmed within 30 days from the expiration of the last paid period, the information uploaded by the Beneficiary or any other third party to the account Beneficiary on the server the Provider can be deleted.
Art. 4.5. The price of the services is highlighted in the issued invoice and is according to the offer on the website. Payment will be made in lei, at the BNR exchange rate from the date the proforma was generated.
Art. 5.1. The parties agree that the date of commencement of service provision shall be the date of sending of Provider by Beneficiary of access information to the hosting service, including username and password.
Art. 5.2. The commencement of service provision may be delayed if The provider expressly accepts this in writing.
Art. 6.1. This Agreement may be terminated by mutual consent of the parties.
Art. 6.2. The provider may consider this contract to be terminated by right, without the need for delay, and without any other formalities, in the situation where:
Art. 6.3. The beneficiary may consider this Agreement to be terminated in the situation where The provider does not provide the services to the contracted parameters and does not remedy the problem within 10 days of receiving written notice from Beneficiary, notification describing in detail the defect that occurred.
Art. 6.4. If this Agreement is terminated for any reason, Beneficiary has the obligation to pay the services provided as well as the taxes and fees due before the termination of the contract, the discounts granted for the entire contractual period, including any amount due as a result of assuming its responsibility for the unacceptable use of the services.
Art. 6.5. In case of breach of contract clauses by Beneficiary, The provider shall retain as damages any amount paid in advance by Beneficiary and will not be obliged to return the value of the services not performed to Beneficiary.
Art. 7.1. The provider will make every effort to preserve data confidentiality Beneficiary, stored or transferred through the Provider. "The dates Beneficiary” also include website files, databases or emails. These provisions are not applicable in the situation where the contract is terminated in accordance with art. 6.2 lit. c and lit. e.
Art. 7.2. With the signing of this Agreement, Beneficiary will receive a user name and an access password in the control panel through which he will be able to manage the purchased services. Changing the password, if Beneficiary forgot it, it can only be done on the basis of a prior authentication using the contact data from his account.
Art. 7.3. The provider does not verify the content stored or transferred by Beneficiary or any other third party and consequently cannot be held responsible in any way for this content. However, in the conditions in which the Provider is notified by a competent authority, in accordance with law 365/2002 on Electronic Commerce, it will be able to act quickly in order to remove or block access to that content that is the subject of the notification.
Art. 8.1. The provider guarantees that the service it will provide will be under normal operating conditions. Service availability is measured for one calendar month, excluding maintenance periods. By normal operating conditions is meant a guaranteed service availability of 99.9%.
Art. 8.2. Maintenance periods will be scheduled as much as possible during the night and will be announced in advance.
Art. 8.3. In case of an uptime lower than the guaranteed one, The provider obligates itself as requested Beneficiary to credit his account, as a percentage of the monthly subscription value, as follows: 10% for uptime between 99.9% and 99%, 25% for uptime between 99% and 98%, 50% for uptime between 98% and 95%, 75% for uptime between 95% and 90% and 100% for uptime below 90%.
Art. 8.4. Except as provided above, The provider cannot be held liable for those damages, whatever they may be, the existence of which Beneficiary would attribute it to the malfunctioning of the services the Provider.
Art. 8.5. The provider is not responsible or liable for non-performance of the service, for any other degradation of the service or for any delay in its provision, which:
Art. 8.6. The provider is not responsible for the damages recorded by Beneficiary due to his disclosure of passwords and access data to the products offered or the services provided under this contract, whatever these damages may be.
Art. 8.7. The provider has the right to demand from Beneficiary restitution of the amounts paid as damages to the parties, as well as the costs related to the payment of these amounts, as well as the damages suffered, up to the full coverage of the damages, including the indirect costs and those owed to third parties as a result of liability The supplier, caused by the abusive, tortious or fraudulent acts of Beneficiary. Beneficiary is directly and solely liable to Provider or third parties in case he causes damage to them through his acts or deeds inconsistent with this contract or with the Romanian legislation in force.
Art. 8.8. The provider shall not be liable to Beneficiary or third parties for any damages, loss of profits, unrealized benefits, missed business opportunities or other losses suffered by Beneficiary or third parties, directly or indirectly, as a result of using the products and services the Provider. In all cases, liability the Provider is limited to the value of one month's subscription paid by the Beneficiary.
Art. 9.1. Internet Network and Services the Provider must be used in a manner consistent with its intended purposes and may only be used for lawful purposes. Beneficiary does not have permission to use the network and services the Provider (a) to transmit, distribute or store material that violates any applicable law, (b) in a manner that would result in the infringement of copyright, trademark, trade secret or other intellectual property rights or the right to privacy, publicity or other personal rights of other parties, (c) if the manner of use is dishonest, defamatory, slanderous, threatening, abusive or contains a virus, worm, trojan or any other computer component likely to produces defects, (d) contains fraudulent offers of goods or services or any other promotional materials containing false statements, claims or representations likely to deceive or mislead or (e) generally in a manner that may engage criminal or civil liability a the Provider or any member of its staff.
Art. 9.2. The provider assumes no responsibility for any material created, stored or accessible on or through the networks and services the Provider which is not shipped by or upon request the Provider. The provider does not monitor or exercise any editorial control over any such material, but reserves the right to do so to the extent required by applicable law. The provider is not responsible for the way of accessing such materials on or through the networks and/or services provided by Provider based on this Agreement. The provider is not responsible for the content of any website other than those directly owned the Provider.
Art. 9.3. The provider bring to the attention Beneficiary that accessing any material available on the Internet, directly or through password authentication, providing personal data, including bank account numbers, bank card numbers of any type, accepting the loading of self-installing applications, accepting automatic connections to third parties destinations, may cause material and/or moral damage Beneficiary.
Art. 9.4. Beneficiary may not send unsolicited messages, including but not limited to: commercial advertising packages or unsolicited informational announcements ("SPAM") in a manner that The provider can reasonably be expected to have a negative impact on its network and services, including but not limited to: using a network e-mail account the Provider to send SPAM messages or use another provider's service to send SPAM messages or to promote a site located on or connected to the network the Provider. Furthermore, Beneficiary does not have permission to use the network and services the Provider to (a) send e-mail messages that are excessive and/or intended to harass or annoy other users (b) continue to send e-mail messages to an addressee who has indicated that he does not wish to continue to receive such messages, (c) send e-mail messages containing counterfeit information in the message header ("header"), (d) send malicious e-mails, including, but not limited to: messages of the type " mail bombing”, (e) send or receive messages in a manner that violates the provision policies of an Internet service provider.
Art. 9.5. Beneficiary may not violate or attempt to violate the security of the provider's network and services, including, but not limited to: (a) accessing data not intended for him or entering a server or account to which he does not have permission access them, (b) attempt to probe, scan or test the vulnerability of a system or network or breach its/their security or authentication measures without being properly authorized, (c) attempt to interfere with /to interrupt or render unusable the service by another user, host or network, including but not limited to: means of overloading "Flooding", "Mail Bombing" or "Crashing" (d) forgery of any TCP header /IP or any part of the information contained therein or (e) triggering any action in order to obtain services to which such a user is not entitled (f) excessive and/or abusive use of allocated resources (processor, memory, number of be files, tcp connections, …)
Art. 9.6. The provider reserves the right to block access from certain IP addresses to its services and resources in case of detection of suspicious activities. These include, but are not limited to: multiple erroneous authentication attempts, attempts to force services (injection), sending mass or simultaneous messages to many recipients, IP addresses marked in common SPAM or abuse lists, etc.
Art. 9.7. In case of The provider believes that Beneficiary has violated any provision of this chapter, the latter will receive a written warning or be subject, as the Provider deems appropriate, depending on the nature and gravity of the act, to a temporary suspension of the services provided until it agrees to refrain from any further violations of these provisions. Beneficiary about which The provider determines that it has committed a second violation of any provision of the Terms and Conditions, will be subject to immediate suspension or discontinuance of the services provided, in accordance with art. 6.4.
Art. 9.8. In case of repeated, obvious or bad faith violations of the articles of this chapter or extremely serious violations (initiation of DoS type attacks, unauthorized access attempts to computer systems, other activities that endanger the safety of equipment the Provider or the Internet), The provider reserves the right to decide the immediate suspension and interruption of the services provided and possibly the payment of damages in accordance with art. 6.4. The provider will send immediately Beneficiary an information about the decision taken and its motivation.
Art. 10.1. Beneficiary understand that The provider only provides brokerage for the reservation of domain names that are registered in accordance with the terms and conditions of the Registry for generic domain names (eg. .com, .org. .info) or the Registry for country domain names (eg. .ro , .uk). Beneficiary accept the terms and conditions imposed by each Registry and displayed by Provider when registering a domain name. Beneficiary understands that acceptance of these terms constitutes a contract between him and the Registry, and The provider is a third party to this contract.
Art. 10.2. Beneficiary takes full responsibility for the data filled in the online form. Submitting the online form constitutes a guarantee for the Registry that Beneficiary has the right to use the submitted domain name. Beneficiary will not involve The provider or the Registry in litigation or other damages resulting from the use of that domain name. The acceptance of an application and the registration of a domain name does not mean that the Provider or the Registry recognizes that the person who registered the respective domain name has the legal right to use that name, for example the case of domain names that refer to registered trademarks, company names or famous personalities.
Art. 10.3. When a domain name has been registered or is being registered by another legal entity or individual, it is the responsibility Beneficiary who would like to register this domain name (other than its current holder) to research existing records and initiate legal proceedings against the existing holder if it believes that the existing holder is not entitled to use that domain name. The parties to this contract acknowledge and agree that The provider or the Registry cannot arbitrate disputes regarding the registration and use of domain names.
Art. 10.4. Where the Domain Registry processes registration requests only after confirmation of payment, in turn The provider will forward the requests Beneficiary only after confirmation of payment in the account the Provider. The provider is not responsible for the eventual registration of the domains by a third party, in the interval between filling out the form and the actual confirmation of the payment.
Art. 10.5. The provider does not in any way guarantee the registration of domain names, it only takes requests Beneficiary and forwards them to the Domain Registry. Also The provider cannot guarantee the correctness of the information provided by the Domain Registry (availability of certain domains, expiration dates, ...).
Art. 11.1. Any notification will be made in writing and sent to the party to whom it is addressed, at the address provided in this Agreement or at the new address if it has changed and been communicated. The parties also agree that the sending of the invoice by Provider to be done by e-mail, to the e-mail address specified in the order related to this Contract.
Art. 11.2. Notifications can be sent by any other means to ensure confirmation of their receipt by the recipient.
Art. 11.3. Beneficiary undertakes to notify The provider of any change in the information provided at the time of concluding the contract, occurring during the term of this Contract, especially those changes regarding the registered office or domicile, legal form or name of the legal entity, as well as the change of contact persons or contact data.
Art. 12.1. Force majeure exempts the parties from liability for the total or partial non-fulfillment of their obligations.
Art. 12.2. Force majeure means any event independent of the will of the parties, unforeseeable and unavoidable, occurring after the entry into force of this Agreement and which prevents the parties from performing, in whole or in part, their contractual obligations. Force majeure means situations such as in the following examples, without being limited to them: war, acts of terrorism, social movements, natural calamities, floods, earthquakes, fires, prolonged interruptions in the supply of electricity, etc.
Art. 13.1. This Agreement represents the will of the parties, is subject to Romanian law and is supplemented by the provisions of Romanian legislation in force. Any disagreements related to the conclusion, interpretation, execution and termination of this contract will be resolved amicably. In case of non-resolution of the disputes amicably, the parties can address the competent court in Oradea.
Art. 13.2. Each of the provisions of this Agreement is independent. Accordingly, if any such provision is or becomes void or unenforceable in any respect under law, it will not affect the validity or enforceability of the other provisions of this agreement, and the parties will use all reasonable efforts to negotiate in good faith to replace it with one or more provisions satisfactory to any competent authority in the matter, but differing as little as possible from the superseded provision.
Art. 13.3. This Contract is completed with the information from the sent invoice Beneficiary by Provider, including the identification data of the Client, the explanation of the services offered and the determination of the price, which become an integral part of this Contract.
Art. 13.4. The legal successors of the parties are subrogated to the rights and obligations established by this Agreement.
Art. 13.5. This Agreement is concluded on the date of acceptance of its provisions by Beneficiary, as specified in the first invoice issued by Provider. The contract is considered concluded in Oradea, Romania.
Considering the following:
The parties agree to sign this Agreement , complying with the following provisions regarding all personal data processed and to include them as additional terms to the concluded service contract:
I. Definitions: In this Agreement, the following terms have the following meanings:
II. Relationship of the parties: The operator calls The provider as a processor for the processing of personal data that is the subject of this Agreement ("the data"). Each party will comply with its obligations under the applicable Data Protection Law.
III. Purpose limitation: Based on the Contract signed by the Parties, The provider will process data as a processor as necessary to fulfill its obligations under this Agreement and strictly in accordance with the instructions documented in the Agreement ("Permitted Purpose"). If WEBLIKE PRO S.R.L. processes personal data of Beneficiary for purposes other than those that are the subject of the Contract, these processing activities do not fall within the scope of this Agreement, and WEBLIKE PRO S.R.L. who will have the role of "Operator" is responsible as an Operator in accordance with applicable data protection and security laws. The obligations of WEBLIKE PRO SRL will include, without limitation, compliance with the principles described by RGPD in Chapter II (including obtaining consent Beneficiary regarding the scope and means of processing), the rights of data subjects described in Chapter III, the general obligations of the operator described in Chapter IV and the rules regarding transfers of personal data to third countries or international organizations, described in Chapter V.
IV. International transfers: The provider does not transfer the data or allow the data to be transferred outside the European Economic Area ("EEA"), unless (i) notified by the Operator; and (ii) take the necessary steps to ensure that the transfer complies with applicable Data Protection Law. The Operator has the right to refuse the international transfer of data to the third-party subcontractor, for reasonable reasons related to data protection, and may choose to suspend or terminate this Agreement without penalty.
V. Privacy of processing: The provider ensures that any person it authorizes to process the data (including the Supplier's staff, agents and subcontractors) ("Authorised Person") is subject to a strict obligation of confidentiality (whether contractual, statutory or any other obligation) and does not allow any person who is not under such confidentiality obligation to process the personal data. The provider ensures that all Authorized Persons process data only as necessary to fulfill the Permitted Purpose.
VI. Duration: This Agreement is automatically effective as of May 25, 2018 and will be effective only in conjunction with and for the entire term of the Services Agreement.
VII. Security The provider must implement appropriate technical and organizational measures to protect the personal data received from the Recipient from any "Security Incident": (i) accidental or unlawful destruction, (ii) accidental loss, modification, unauthorized disclosure or unauthorized access, and ( iii) any other breach of personal data security.
VIII. Subcontracting: The operator provides a general authorization the Provider according to article 28 para. 2 of the GDPR to subcontract any data processing to a third party subcontractor. The provider has the responsibility to assess whether the subcontractor provides sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and ensures the protection of the rights of data subjects. The provider has the obligation to notify the Operator of any change of subcontractors 7 days in advance. The Operator has the right to refuse the transfer of data to the third party subcontractor on reasonable data protection grounds and may choose to suspend or terminate this Agreement without penalty.
IX. Cooperation and rights of data subjects: The provider undertakes to provide reasonable and timely assistance (including through appropriate technical and organizational measures) to enable the Operator to respond to: (i) any request from a data subject to exercise its rights arising from the Data Protection Legislation ( including rights of access, correction, objection, erasure and data portability, as applicable); and (ii) any other correspondence, inquiries or complaints received from the data subject, regulatory authority or other third party in relation to data processing. Where any such request, correspondence, inquiry or complaint is addressed directly the Provider, The provider will promptly inform the Operator providing full details about it.
X. Data protection impact assessment: If The provider considers or finds that the data processing may lead to a high risk for the data protection rights and freedoms of the data subjects, it will promptly inform the Operator and, at the request of the Operator, it will provide it with reasonable and timely assistance, in order to assess the impact on the protection data and, if necessary, to consult with the relevant data protection authority.
XI. Security incidents: The provider will notify the Operator within 48 hours of becoming aware of a security incident and, upon reasonable request by the Operator, provide the Operator with all information and co-operate with the Operator to enable the Operator to fulfill its legal reporting obligations in the event of a personal data security breach, in accordance with the terms provided by the applicable Data Protection Law. The provider will continue to take all measures and take the necessary actions to remedy or mitigate the effects of the security incident and will inform the Operator of all developments related to the security incident.
XII. Delete or return data: Upon termination or expiration of this Agreement, The provider (at the Operator's option) destroy or return to the Operator all data in its possession or control (including any data subcontracted to a third party for processing). This requirement does not apply to the extent that the Supplier or its subcontractors are required by law to retain some or all of the data for a period of time, in which case the Supplier / Subcontractors will protect the data from any further processing, except as required by law.
XIII. Audit: The provider will make available to the Operator the necessary information to show compliance with its obligations as a processor according to Article 28 of the GDPR.
XIV. Liability: The provider is liable to the Operator for the damages caused by the processing when he did not comply with GDPR obligations or if he acted outside or contrary to the legal instructions provided by the Operator.
XV. Applicable law: This Agreement is governed by Romanian law. The parties agree to use their best efforts to amicably resolve any dispute arising in connection with this Agreement. If an amicable solution is not possible, the disputes will be submitted for resolution to the competent courts.
XVI. Final Provisions: The annexes to this Agreement shall be considered an integral part of the Agreement. All clauses of this Agreement have been mutually accepted by the Parties, having binding force for the Signatory Parties. This annex includes details on the processing of personal data in accordance with Article 28 paragraph (3) of the GDPR.
Targeted persons: The personal data transferred concern the following categories of data subjects: the beneficiaries of the processor's services or other categories permitted by the applicable legislation.
Purpose of processing: The operator authorizes The provider perform the following services and provide additional services as well as other services as described in the Service Agreement.
The personal data processed concern the following categories of data:
Transferred personal data may only be disclosed to the following recipients or categories of recipients:
Data will be stored in accordance with applicable regulations.
Contact for data protection questions:
Supplier: WEBLIKE PRO S.R.L.
Name: Lavinia Fetea
E-mail: sales at weblike.ro