Cloud Hosting Terms
1. Contracting Parties
1.1. SC TWB Risen SRL, with headquarters in Brăila str. Moldovei, no.125, fiscal code RO37557044, having bank account RO54BTRLRONCRT0394675001, opened at Banca Transilvania Suc.Brăila, as Provider. and the Customer, with the identification data from the in-app registration, agreed the following:
This is the contract proposed by SC TWB Risen SRL and must be accepted before ordering any subscription. Any order confirmed by the customer, by ticking the box - We know the Terms and Conditions, represent acceptance by the client of the offer of SC TWB Risen SRL under the conditions stipulated by art. 9 of the E-Commerce Act 365/2002. The ticking of the box is an electronic signature within the meaning of art. 4 point 3 of the Electronic Signature Law no. 455/2001, having the same value as a handwritten signature.
Service: The services provided by SC TWB Risen SRL through cloud hosting, especially access to applications, support for these services, data backup via Internet access - by offering services in the form of a monthly subscription.
Client: The legal entity that makes a cloud-based order or registers as a user.
Order: purchase order for one or more services, made by a customer wishing to benefit from that / those services.
Visitor: The individual who visits the Web sites without having purchased services and without making an order.
2. Object and acceptance of this Service Agreement
2.1. This Service Agreement is applicable to all orders or accounts made through cloud hosting. . The Customer undertakes to become aware of these conditions before making an order or opening an account. All orders and opening of the account imply acceptance by the Client of all these terms of service provision. The acceptance of this contract by the customer is done by ticking the box "I have learned the Terms and Conditions".
2.2. SC TWB Risen SRL reserves the right to change these terms of service at any time. The version applicable to a completed order is the one applicable to the site at the time the order was placed by the client.
2.3. As a site operator, SC TWB Risen SRL provides Client with access to applications for management and administration of financial accounting documents, synchronization of data from the client account, support for these services, data backup via Internet access - through offering services in the form of a monthly subscription.
2.4. Services can be accessed from a number of interfaces such as: desktop applications that are installed on Windows operating systems, Android applications and web browser.
2.5. The Monthly or Annual Price for Cloud Hosting will be determined by SC TWB Risen SRL and will be posted on the site or can be found by phone. The payment of the services by the Client represents the acceptance of the price offered by SC TWB Risen SRL for Cloud Hosting.
3. Duration of the contract
3.1. This agreement ends for an indefinite period from the date of the cloud hosting access data submission, and the obligations of the parties come into effect from that date.
3.2. Once the payment of the chosen monthly subscription type is made, the Customer will have access to the services included in the subscription package from the moment the Provider confirms the payment. The order can be canceled until the payment is made. Any errors made to the order made by the Customer may be corrected until the Provider has confirmed the payment by email sent to email@example.com or no. by phone 07 62 62 2865 from Monday to Friday between 09:00 and 17:00.
3.3. If the Customer does not notify the withdrawal of the chosen subscription at least 10 calendar days before the expiry date of the subscription, the subscription will be extended automatically without any formality each month.
3.4. If the Customer wishes to change the type of subscription chosen during the period in which a previously selected subscription is active, this is possible - the change to take effect within 2 business days of making
paying for the difference if a package is upgraded, and in the case of a downgrade of a package, comes into effect after the expiration of the period for which the customer has already paid and makes a new payment for a smaller package.
4. Value of the contract and payment
4.1. For the services rendered, the Customer will pay to SC TWB Risen SRL a monthly amount, such as a subscription, provided when the online order is completed.
4.2. SC TWB Risen SRL will send regular payment notifications according to the type of subscription chosen, and based on these, the Customer will make the payment online or by bank transfer.
5. Availability of displayed services
5.1 SC TWB Risen SRL's offer for services and their price is valid as long as it is displayed on the site. TWB Risen SRL will fulfill its contractual obligations as soon as it has the bank's confirmation that the customer has made the payment for the selected service, transmitting the access data to the customer.
5.2. Any price changes or availability of services will be communicated by email to the customer's contact address in the user account or through the application at least 30 days prior to any change. Application maintenance services are announced via the application or by email.
5.3. Customer is responsible for updating user account data as soon as changes occur. SC TWB Risen SRL assumes no responsibility for any damages or damages of any kind due to the impossibility to access the e-mail address declared in the user account.
5.4. Access to the management program is available until termination of service and / or deletion of the Client account, regardless of technological progress or changes, unless the Customer no longer pays his / her subscription. This access also includes legislative updates for the services available, as well as email support for the entire duration of this contract.
5.5. SC TWB Risen SRL makes every effort to permanently provide access to cloud hosting services, but can guarantee the availability of the service only to 99.8%. The availability period does not include maintenance pre-announced by email or within the service, but includes those unannounced maintenance periods. As such, given the dependence of the services offered by the Internet access, the possible technical and systemic limitations that may arise, SC TWB Risen SRL assumes a duty of diligence regarding the availability of services according to the above percentage. If the Customer could not access the service for reasons attributable to SC TWB Risen SRL for a period longer than the above mentioned, he may request a proportionate reimbursement of the subscription paid for the period when the service was not available.
5.6. In case the requested service is no longer available, for reasons attributable to SC TWB Risen SRL, the Customer can export his documents in tabular format. In the circumstances in which the requested service is no longer available, for reasons attributable to the Customer (non-payment, violation of this contract, etc.), SC TWB Risen SRL will endeavor, without guaranteeing, to offer the Client access to export its documents in tabular format. SC TWB Risen SRL can not assume any obligation as to how this data can be uploaded to other computer systems.
5.7. SC TWB Risen SRL also makes every reasonable effort to ensure the confidentiality of the data received from the system.
6. The rights and obligations of the parties
6.1. Customer's Rights and Obligations
6.1.1. The Customer is solely responsible for all content in his or her account or for any violation of the law or the rights of any third party.
6.1.2. The Client undertakes to use the services of SC TWB Risen SRL with full legal certainty and knowing the legal provisions in force regarding the activity that it carries out.
6.1.3. It undertakes to fully respect the copyright and data protection provisions for data in the system.
6.1.4. It assumes all responsibility for the creation, personalization, administration, management, accuracy and legality of documents issued with the help of SC TWB Risen SRL.
6.1.5. The Customer will process the personal data in accordance with the legal provisions in force and has the obligation to comply with the legislation in this area and SC TWB Risen SRL can not be held responsible for any damages or violations of the rights of third parties.
6.1.6. He has the right to add to the computer system several account users with various access rights - in whole or in part - on their account. It can also delegate its tasks to one or more users.
6.2 Rights and obligations of SC TWB Risen SRL
6.2.1. SC TWB Risen SRL provides:
- Access to the cloud hosting platform required to create, customize, manage and manage documents issued with the management program. The customer has the possibility to request the immediate deletion of the uploaded data, and this will be done within 2 working days of confirmation of the request.
- Monday to Friday service from 09:00 to 17:00 for application-related issues. We do not provide financial accounting or document issuance assistance.
- Weekly backup of data
- Connect to the system via a secure communication protocol (https)
- Cloud hosting services of TWB Risen SRL do not work in offline mode.
6.2.2. SC TWB Risen SRL assumes no responsibility for the loss of user account access passwords or for activities that may compromise the Customer's account. In the event that SC TWB Risen SRL receives a notice about the existence of services with an unlawful appearance by the customers, it reserves the right to suspend or block access to the user account.
6.2.3. Each Client will have a system of users who can set up a certain set of rights according to the functionality of the management application. The Customer bears full responsibility if the users approved by the Client violate the provisions of the documents specified in point 2.6 of this contract or engage in illegal or immoral activities.
6.2.4. Data Backup is done weekly, Customers have access to previous versions of data, up to two previous rescues.
6.2.5 SC TWB Risen SRL will assist the client in accessing the database.
6.2.6. SC TWB Risen SRL does not monitor or exercise any control over Customer data and documents.
6.2.7. SC TWB Risen SRL provides a non-exclusive and unlimited time and space for the use of applications.
6.2.8. If the uptime is under 99.8%, we will provide percentage compensation of the subscription amount according to Article 5.5.
6.2.9 SC TWB Risen SRL has the right to collect anonymous data on how to use its services and to make them public in aggregate.
7. Registration, passwords and responsibilities
7.1. Client access to certain functionality within the site is only allowed to Customers who opted for the monthly subscription. We recommend not disclosing passwords to anyone.
7.2. Any unauthorized access or access of persons other than unauthorized persons to an account hosted by us represents the crime of unenforceable access to a computer system and will be sanctioned according to the Romanian legislation in force.
8. Contractual liability
8.1. The Customer guarantees the entered data and bears full responsibility for the manner and purpose in which they use the services provided by SC TWB Risen SRL as well as for the way they configure the system of users who have access to the Client's account and their behavior.
8.2. Customer warrants the information he provides and is solely responsible for providing the information in a correct and complete manner as well as keeping the information accurate or updating.
8.3. SC TWB Risen SRL can not be held liable if the Customer uses the applications and services made available for illegal or immoral purposes.
8.4. Customer agrees that he is solely responsible and shall indemnify SC TWB Risen SRL for any damage, cost or profit limitation that arises as a result of any fraudulent actions by him. In this document, the Customer understands and accepts that SC TWB Risen SRL will transmit its data to the investigative bodies if it receives a reasoned request from an authorized public institution.
8.5. While at all times makes efforts to ensure quality and fairness, SC TWB Risen SRL can not guarantee, expressly or implicitly, the content, software or products and services published under its aegis. SC TWB Risen SRL assumes no responsibility for any damages or errors caused directly or indirectly for any direct or indirect loss of profits (including, but not limited to: damages for loss of profits, disruption of some business, or other pecuniary damage) suffered as a result of the use or interruption of use or lack of regularity of the information and services provided.
9. Termination of the contract
9.1. This contract shall terminate in the following cases:
A) the parties agree to terminate the contract;
B) non-fulfillment or repeated failure of contractual obligations by one of the parties;
C) the unilateral decision of one of the parties, in writing to the other party; the receipt of the notice of termination must take place at least 30 calendar days before the due date for termination of the collaboration;
D) in case of dissolution, liquidation, bankruptcy, withdrawal of the operating authorization of one of the contractors, in which case the parties will be held to satisfy the debts to one another, debts incurred until the moment of the cause of the disappearance.
10. Exoneration of liability
10.1. SC TWB Risen SRL will not be liable for any material or moral damages, any damage or costs that may arise from delaying payments to the Customer, and any violation of any legal obligations if it is not the fault of SC TWB Risen SRL.
11.1. None of the Contracting Parties shall have the right, without the prior written consent of the other Party:
A) to disclose any confidential information to a third party other than those involved in the performance and performance of the contract;
B) to use any confidential information or access to it during the contract period for any purpose other than to fulfill its obligations. All confidential information must be marked as such by the party claiming to be confidential.
11.2. The above restriction will not apply if:
(A) the information was known to the contracting party before it was received in the performance of this contract;
B) the information was accessible to the public;
(C) the party concerned was required by law to disclose the information in question.
12. Major Force
12.1. Force majeure relieves the parties of liability in the event of partial or total non-performance of the obligations assumed under this contract. Force majeure means an event beyond the will of the parties, unpredictable and insurmountable, occurring after the conclusion of the contract and which prevents the parties from executing totally or partially the obligations assumed.
12.2. The party invoking force majeure has the obligation to notify the other party, in writing, within 5 days of the occurrence.
12.3. The party invoking force majeure shall notify the other party of the termination of the cause within 15 days from the termination. 12.4. If these circumstances and their consequences last for more than 2 months, each partner may waive the execution of the contract further. In this case, neither party has the right to claim damages from the other party, but they have the duty to honor all their obligations by this date.
13. Governing Law
13.1. The rights and obligations of the parties required by this agreement, as well as all the legal effects that it produces, shall be interpreted and governed by the Romanian law in force.
13.2. Any dispute relating to this agreement will be settled amicably, and if amicable settlement is not possible, it will be brought to an arbitration. If the parties do not agree on the appointment of an arbitrator within 15 days of the notification of the dispute, jurisdiction will lie with the Romanian courts at the headquarters of SC TWB Risen SRL.
14. Final provisions
14.1. The parties declare that they have negotiated all the clauses of this contract and they are expressly accepted by signing the contract, any previous agreement having legal effect between them.
14.2. This contract may be modified only by agreement of the parties by the conclusion of an addendum to this contract.
14.3. Any notice to SC TWB Risen SRL must be sent electronically to the email addresses