preamble
The terms and conditions below, represent the service contract, hereinafter referred to as the „Contract”, have the value of a framework contract, concluded between the Supplier and the Beneficiary, and will be interpreted in accordance with the Romanian legislation in force, in particular Law no. 365/2002 on electronic commerce.
The terms and conditions must be accepted by the Beneficiary before ordering any service on the BizToWeb Platform. Any order confirmed by the Beneficiary by checking the box „I have read the Terms and Conditions for the use of BizToWeb” represents an unequivocal acceptance by the Customer of the Supplier’s offer, under the conditions stipulated in this Agreement.
THE CONTRACTING PARTIES
The BizToWeb service provider is S.C. SOFT BUILD S.R.L. with registered office in Sânmihaiu Român, str. Principala, no. 179H, room 1, Timiş county, postal code 307380, telephone 0723/894 506, email office@soft-build.com, having the unique registration code no. 18705608, order number in the Trade Register J35/1652/2006, account no. RO62 INGB 0000 9999 0528 3676, opened at ING BANK NV, Timisoara, and account RO58 TREZ 6215 069X XX01 6047, opened at the Timişoara Treasury,
The beneficiary of the BizToWeb service is any legal or natural person identified by the data entered in the user or customer account, used to access or order the service, information that can also be found on the invoice for paid subscriptions.
OBJECT OF THE CONTRACT AND SERVICES OFFERED
2.1. The object of the contract is the provision by the Provider in favor of the Beneficiary of access services to the SaaS (software as a service) application, BizToWeb (app.biztoweb.ro), whenever and wherever it is connected to the Internet, in the form of a monthly subscription , which can be extended automatically, as described in art 3.1.
2.2. The Provider’s offer regarding the services and their price is valid as long as it is displayed on the BizToWeb platform.
III. DURATION OF THE CONTRACT
3.1. The contract is concluded for an initial period of 30 days, by creating a demo account by the Beneficiary, with automatic renewal at the end of each successive 30-day period, for the entire period of operation of the website and provision of the services assumed by the Provider according to this document, starting from the date of payment of the subscription, according to the offer of the Provider and the order of the Beneficiary, the rights and obligations of the parties coming into force from the creation of the account and the express acceptance of the Terms and Conditions.
3.2.The beneficiary will have access to the services included in the subscription package starting from the moment the account is created.
3.3. The Beneficiary can cancel the subscription at any time, either by a written notification sent to the Provider at the e-mail address office@soft-build.com, at least 5 working days before the expiration date of the current period, or by non-payment of the proforma invoice.
THE PRICE OF THE CONTRACT
4.1. The price of the services that are the subject of this contract is the one mentioned on the website on the date of accessing the Offer that the Beneficiary opts for.
4.2. The first 30 days of the contractual period are free, after the expiration of this period the Beneficiary will have to pay a monthly subscription-type amount, provided at the time of completion of the online ordering procedure. The payment of services by the Beneficiary represents his express acceptance of the price offered by the Provider for accessing the BizToWeb platform and the services provided within it.
4.3. The price will be paid by card or by bank transfer to the Provider’s account indicated in the introductory part of this contract within a maximum of 10 days from the issuance of the proforma invoice. Proforma invoices are communicated exclusively by email, to the address indicated by the Beneficiary. Tax invoices are issued and communicated by email only after payment of the proforma invoice.
4.4. Failure to pay the invoice by the due date leads to the suspension of the provision of the services that are the subject of the contract. The provision of services can only be resumed when the outstanding invoice is paid.
4.5. Any changes in the price or regarding the availability of services will be communicated by email to the Beneficiary’s contact address in the user account or through the application at least 10 days before any change. To the extent that the Beneficiary does not wish to continue the performance of this contract according to the new conditions communicated by the Supplier, he may cancel the subscription by not paying the proforma.
GUARANTEES
5.1. The service provider guarantees the proper operation and accessibility of the services throughout the duration of the contract.
5.2. Within this term, the Beneficiary can request the remedy of any technical problems, provided that they are not due to his fault.
5.3. The provider makes every effort to provide permanent access to BizToWeb services. The service availability period does not include the maintenance periods announced in advance by email or within the service.
RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The rights and obligations of the Provider:
a) The supplier undertakes to provide the services that are the subject of the contract in full compliance with the contractual clauses, by ensuring access to the BizToWeb platform;
b) The provider will provide technical assistance for problems related to the platform;
c) The provider will ensure the connection to the platform through a secure communication protocol and the synchronization of data from the user account in such a way that they are available from anywhere, through Internet access. The Provider’s services do not work in the offline version
d) The Platform acts as a host for the content added by the Beneficiary, under the terms of Law 365/2002 on electronic commerce. The Provider is not responsible for the loss of access passwords to the user account or for activities that may compromise the Beneficiary’s account. If the Provider receives a notification regarding the existence of services with an illegal appearance performed by customers and/or from which it can be concluded that the activity or information in question could damage the rights of a third party, it reserves the right to suspend the account user or to block access to it;
e) The Provider does not monitor or exercise any control over the Beneficiary’s data, information and documents;
f) The Provider offers the Beneficiary a non-exclusive, non-transferable and time-limited right to use the platform for the duration of this Agreement.
6.2. Beneficiary’s rights and obligations:
a) The Beneficiary is solely responsible for all the content existing in his account or for any violation of the law or the rights of a third party regarding this content and its use;
b) The Beneficiary undertakes to use the Provider’s services in full legality, in full compliance with the legal provisions in force regarding the activity it carries out;
c) The Beneficiary undertakes to fully comply with the provisions related to copyright and industrial property rights on the works made available through the Platform;
d) The Beneficiary assumes full responsibility for the creation, customization, administration, management, updating and accuracy of the data entered in his customer account;
e) The Beneficiary is fully and exclusively responsible for complying with the legal provisions regarding the protection of personal data processed through the platform, and the Provider cannot be held responsible for any kind of damages or violations of the rights of third parties;
f) The Beneficiary will have a system of users who will be able to configure a certain set of rights according to the functionalities in the platform. The Beneficiary will ensure that the users designated by it understand and have assumed the relevant provisions of this agreement, the Beneficiary remains fully and exclusively responsible in the event that the users violate the provisions of this contract or engage in illegal or immoral activities;
g) The Beneficiary understands and agrees with the terms and conditions of the platform and assumes the obligation to pay for the service;
b) The Beneficiary undertakes to pay the Supplier the price of the services on the terms and under the conditions provided for in ch. IV.
ARE YOU COMING. RESPONSIBILITY OF THE PARTIES
7.1. The Beneficiary guarantees the accuracy of the data entered and bears full responsibility for the way and purpose in which he uses the services provided by the Provider as well as for the way in which he configures the system of users who have access to the Beneficiary’s account and their behavior. The personal data made available within the program will be used only for the purpose of executing the Contract and only during its validity period.
7.2 The Beneficiary guarantees the accuracy of the information it provides to the platform and is solely responsible for presenting the information in a fair and complete manner, as well as for keeping the information accurate or up-to-date.
7.3 The Provider cannot be held responsible for the content inserted by the Beneficiary and how it is used. In no event shall the Provider be liable for any direct or indirect damages or errors, for any direct or indirect loss of profits (including but not limited to: damages for loss of profits, business interruption, or other pecuniary damages), suffered as a result of improper use, interruption of use or lack of regularity of the information and services provided through the site.
VIII. MAJOR FORCE
8.1. None of the contracting parties is responsible for the non-execution on time and/or the improper execution – totally or partially – of any obligation that falls under this contract, if the non-execution and/or execution of the respective obligation was caused by force majeure, as as defined by law. Force majeure means an event independent of the will of the parties, unforeseeable and insurmountable, occurring after the conclusion of the contract and which prevents the parties from fully or partially fulfilling the obligations assumed.
8.2. The party invoking force majeure is obliged to notify the other party within a maximum of 5 days from the occurrence of the event and to take all possible measures in order to limit its consequences.
8.3. If within 10 days from the occurrence, the respective event does not cease, the parties have the right
to notify the full termination of this contract, without any of them to
claim damages.
TERMINATION OF THE CONTRACT
9.1 This contract terminates in the following cases:
a) the parties mutually agree to terminate the contract;
b) non-fulfilment or repeated defective fulfillment of contractual obligations by one of the parties, by means of a notice of termination sent to the party at fault, if the matter in question is not remedied within the term given in the notification, upon expiry of the term provided for in the notification;
c) by unilateral denunciation by any of the parties, sent in writing to the other party at one of the contact details in the introductory part, at least 10 working days before the termination date;
d) in case of dissolution, liquidation, bankruptcy, withdrawal of the operating authorization of one of the contractors;
e) if the Beneficiary does not pay the invoice for the service when due.
9.2. The termination of the Agreement does not affect the obligations already due between the parties.
9.3. In case of termination of this Agreement, regardless of the reason, the Provider will proceed to suspend the Beneficiary’s account. The beneficiary has the possibility to request the deletion of the uploaded data, and this will be done within a maximum of 7 working days.
NOTICES BETWEEN THE PARTIES
10.1. In the understanding of the contracting parties, any notification addressed by one of them to the other is validly fulfilled if it will be sent to the address/headquarters or e-mail address provided in the introductory part of this contract.
10.2. If the notification is made by post, it will be sent by registered letter, with acknowledgment of receipt (A.R.) and is considered received by the addressee on the date mentioned by the receiving post office on this confirmation.
10.3. Notification by e-mail is considered received on the first business day after the one on which a
was shipped.
10.4. Verbal notifications are not taken into account by any of the parties, if they are not confirmed through one of the methods provided in the previous paragraphs.
PRIVACY
11.1. The following information is confidential, listed by way of example: the financial situation of both parties, licenses and patents, manufacturing processes, business projects, documents exchanged between the parties, information marked as confidential in the relationship between the parties, etc.
11.2. None of the Contracting Parties has the right, without the prior written consent of the other Party:
a) to disclose any confidential information or personal data of any third party, other than those persons involved in the development and execution of the contract;
b) to use any confidential information or to which he has access during the period of the contract, for a purpose other than that of executing his assumed obligations. All confidential information must be marked as such by the party claiming it to be confidential.
11.3. The aforementioned restriction will not be applicable if:
a) the information was known to the contracting party before it was received in the execution of this contract;
b) the information was accessible to the public;
c) the party in question was obliged in accordance with the legal provisions to disclose the information in question.
XII. RESOLUTION OF DISPUTES
12.1. The rights and obligations of the parties imposed by this contract, as well as all the legal effects it produces, will be interpreted and governed by Romanian law in force.
12.2. Any dispute arising from or in connection with this contract, including regarding its conclusion, execution or termination, if it cannot be resolved amicably by the representatives of the parties, will be resolved by the competent courts at the Supplier’s headquarters.
XIII. FINAL TERMS
13.1. The parties declare that they have taken note of all the clauses of this contract and they are expressly accepted by joining the Contract, according to Art. 3.1 above, any previous agreement not producing legal effects between them.
13.2. Any notification to the Supplier must be sent electronically to the email address office@soft-build.com. Communications to the Beneficiary are made to the email address inserted by him in the system as a contact date at the time of enrollment in the program.
13.3. Any order confirmed by the Beneficiary by ticking the box „I have read the Terms and Conditions for the use of BizToWeb” represents the Beneficiary’s agreement to the immediate execution of the Contract and the confirmation that he has been informed that he will lose his right to withdraw from the contract immediately after start downloading or streaming.