This document, representing the Contractual Terms and Conditions has contractual value between the parties and serves as the legal basis for services offered by S.C. PRESSLABS S.R.L.
S.C. PRESSLABS S.R.L, with registered office in Romania, Timisoara County, 1 Decembrie Street, number 94, ap.1, unique cod of registration RO 28378350, registered with the Trade Register under the number J35/976/2012, having the e-mail address
email@example.com, represented by the company’s director, hereinafter referred to as PRESSLABS and
Individual or legal person, identified through the data introduced in the order form, who is under contract in the online system to receive the services offered by PRESSLABS, will hereinafter be referred to as the USER.
The USER declares and guarantees the following:
a. Is an individual with a minimum age of 18 years, or, depending on the case, is a duly established legal entity, having the capacity to contract services such as those offered by PRESSLABS, and the representative of the legal entity that completes the order form on its behalf has the power to validly engage the legal entity;
b. The data and the pieces of information provided in the order form are accurate, complete and real and they will be updated correct and continuously;
c. Agrees that his/her personal data can be processed by PRESSLABS and can be used in order to provide the specified Service, for marketing purposes and any other operations necessary for the performance of the contractual relationship and activity within
d. In the event that the USER holds the citizenship of another country, he/she has the appropriate capacity required under the legislation of the State of origin for contracting the Services.
e. Accepts the Contractual Terms and Conditions and is fully responsible for the consequences arising from the use of Services offered by PRESSLABS and therefore PRESSLABS cannot be held liable for errors arising from his/her negligence.
For the purpose of communicating complains, notifications, PRESSLABS sets at the disposal of the USER's the contact form identifiable on the website
www.presslabs.com and the e-mail address
firstname.lastname@example.org. With regard to the notifications and/or information communicated by PRESSLABS, these will be sent to the address indicated by the USER upon registration for obtaining the client account.
Before continuing, the USER should print or save a copy of the Contractual Terms and Conditions for his/her records. We underline the fact that a copy of the present Contractual Terms and Conditions will be sent on the e-mail address of the USER communicated at the moment of client account registration.
The USER gives his/her consent regarding the communication between him/her and PRESSLABS via e-mail throughout the entire period of contracting the services provided by PRESSLABS.
(The process of closing the contract between the USER and Presslabs)
a. Filling in the order form fully and correctly, through which the USER’s identification data and the Services contracted by him/her will be communicated to PRESSLABS (basic package and optional packages);
b. Checking the option "I have read and I agree to these Terms and Conditions";
c. Checking the option "I have read and I agree to PRESSLABS’s confidentiality policy ";
d. Checking the option "I have read the Information Note regarding clients’ rights with respect to processing of personal data"
e. Checking the option "Confirm and Submit Order";
f. After sending the order the USER will be contacted through email for the purpose of providing the necessary data to enable PRESSLABS’s access to the site that the USER wants to be migrated, optimized and hosted by PRESSLABS, in order for PRESSLABS to establish the "one shot fee" reported to the complexity of the site;
g. After analyzing the complexity of the site the USER will be informed in his client account the value of the "one shot fee" and will be requested to confirm the acceptance of this value within a term of 2 days, as well as other details, limitations, conditions and period in which the migration and optimization will be performed, or aspects needed for the functionality of the new site, aspects that do not dependent on and are not in the responsibility of PRESSLABS;
h. The contract will be considered concluded on (the "Date of Contract Conclusion") the date on which PRESSLABS receives the acceptance given by the USER with regard to the value of the "one shot fee".
i. The acceptance of the "one shot fee" represents the implicit acceptance of the conditions under which the migration and optimization of the website will be performed. For the avoidance of doubt, in case the USER does not respond in any way to PRESSLABS’s communication of the value of the "one shot fee", there will be no contract concluded between the Parties.
j. After the Date of Contract Conclusion PRESSLABS will communicate to the USER the confirmation of the order receipt, along with a copy of the Contractual Terms and Conditions applicable at the time of contracting, through the e-mail address indicated by the USER when filling the order form and obtaining the client account.
Completion of these steps represents the valid consent given by the USER for utilizing PRESSLABS services and leads to the conclusion of the contract between the Parties in compliance with the Contractual Terms and Conditions, on which the USER agrees to fully comply with.
The Contractual Terms and Conditions are stored by PRESSLABS at https://www.presslabs.com/terms-and-conditions/ so that they can be easily accessible to the USER. Upon reaching a contractual agreement with PRESSLABS, the company will provide the USER with a copy of the Contractual Terms and Conditions, so that he/she can have access to his/her own copy. In case of founded reasons PRESSLABS reserves its right to unilaterally modify the content of the Contractual Terms and Conditions, without any prior notice. These modifications will be immediately communicated to the USER and will have immediate application or as of the date indicated for their application. In case the changes refer to the characteristics, the price or execution time of the Services, PRESSLABS will notify these changes to the USER with 30 days in advance, which will become applicable as of the next contractual month, the USER having the flexibility accept the new terms or to decide not to renew the contract following these changes by following the procedure described in Art. IV point 2 below. Failure to submit a response is equivalent to the refusal to extend the contract under the new changes.
For the identification in a unique way of these Contractual Terms and Conditions a cryptographic control sum (
MD5) will be used and will be present in the client account (https://o.presslabs.com).
The access to the PRESSLABS client account will be performed through a user name and a password transmitted by PRESSLABS when the client account is being activated. The USER has permanent access to correct any errors occurred when introducing the data by accessing the client account.
www.presslabs.comsite and whose specifications are identified on the invoices issued by PRESSLABS to the USER. Additionally PRESSLABS will provide once at the beginning of the contractual relationship migration and optimization services of clients’ websites to be hosted.
The technical parameters, which PRESSLABS undertakes to respect and the content and characteristics of the Services, are presented in the description of each Service. PRESSLABS guarantees an uptime of 100% for the public website of the USER, excepting thus from the uptime the management interface
/wp-admin/ and the users logging into the administration interface. Also, from the guaranteed uptime the maintenance periods will be excluded. The uptime will be monitored using services provided by a specialized third party (e.g.
www.pingdom.com). The USER will have access to monthly uptime reports. Any costs related to the Internet service provider are exclusively the responsibility of the USER, and are not part of the service provided by PRESSLABS.
The present contract is concluded for an initial minimum period equal to the number of days remaining until the end of the calendar month in which the contract was concluded plus one full calendar month.
Subsequently, the contract period is automatically extended in the same conditions (exceptions being made if changes have occurred according to Art. II point 3, when those conditions will be applied), with periods equal to a calendar month, unless one Party notifies in writing by e-mail to the other Party of its intention not to extend the contract with at least 15 days before the current contract period expires. The extension of the contractual period is contingent on timely payment by the USER of the invoice issued by PRESSLABS for the previous month in the indicated time frame.
The contract will be concluded at the Date of Contract Conclusion defined according to Art. II, Section 1.h.
The price of Service(s) will be in accordance with the price listed on the website on the date of the contract signing, and represents the monthly fee. This price will be composed of the base monthly subscription and the additional monthly page views fee, at the time of contract signing.. In addition to the price of Services, during the first calendar month, the USER will pay PRESSLABS a fee named "one shot fee", related to the migration and optimization operations of the USER’s site. The fee’s value will be established according to the complexity of the USER’s site that will be hosted through the Services offered by PRESSLABS and is accepted by the USER according to Art. II, point 1, let. g). Also, from a case-to-case basis, PRESSLABS reserves its right to promote special offers to its subscribers at PRESSLABS sole discretion. Changes that involve Service characteristics (including the number of views included), price or execution time will be performed in accordance with the provisions of Article II, point 3 above.
Payments will be received through PayPal or with credit card, based on the pro-forma invoices issued by PRESSLABS. The USER recognizes PRESSLABS right to modify the payment method of the Services with a prior notice to that effect. The invoice issued by PRESSLABS to the USER will have the price stated in USD and RON (national currency of Romania), the payment being made in USD.
PRESSLABS grants the USER a free trial period of 15 calendar days calculated as of the Date of Contract Conclusion. This time period includes the necessary period for site migration and optimization.
The first pro-forma invoice will be sent by PRESSLABS to the USER after 15 calendar days as of the Date of Contract Conclusion, assuring thus for the USER’s right to renounce to PRESSLABS Services within 10 working days as of the Date of Contract Conclusion through a written notification to PRESSLABS, without payment of fees or penalties.
In case during the first 15 calendar days the USER expresses, through a written notification, his desire to renounce PRESSLABS’ Services no pro-forma invoice will be issued for the Services, but only an invoice for the amount of the "one shot fee" in case the migration of the USER’s site has already been achieved, the migration being made at the USER’s request and being a distinct personalized service. In case during this period such an intention is not being expressed, the value of the first invoice will be represented by:
(i) a sum calculated according to the following formula:(The initial contractual period calculated according to Article IV point 1- 15 days trial period) x (Service price for a month/30)and
(ii) The value of the "one shot fee".
Subsequently, PRESSLABS will issue a monthly pro-forma invoice on the 1st of every month for the Services that will be offered in that month. The USER agrees to pay the Service price in advance with regard to the delivery period. In addition to the monthly cost of Services, each invoice will provide the cost for the page views that have exceeded the previous month page view limit included according to the offer on the site for a period of one month.
Payment of the price for Services and the "one shot fee" is due in 5 calendar days as of the date of issuance on the pro-forma invoice by PRESSLABS. In the case of non- payment as listed on the pro-forma invoice by the listed date, PRESSLABS has the right to suspend the provision of the Services without any notice or other prior formality. The USER can make payment confirmation by sending the document that ascertains the payment via email, or when the PayPal system (or any other such system or financial institution, applicable from time to time) confirms the payment.
Following the payment of the Services by USER, PRESSLABS will submit to the address provided by the USER the relevant invoice in electronic PDF format. The invoice can be sent at the express request of the USER in material format.
The USER agrees that in case the payment is not confirmed within 30 days as of the due date of the last pro-forma invoice, the data and information uploaded and stored by the USER or its authorized representatives on PRESSLABS servers can be deleted.
The beginning of Service provision and performing the operations of migration and optimization of the site by PRESSLABS is done in a maximum of 72 hours as of the moment of the Date of Contract Conclusion, except in case there is another expressed specified date.
In order to start using the Services, the USER will be sent the relevant access information (username and password) by e-mail.
a. PRESSLABS ensures to provide their Services to the USER, which under normal conditions, are in compliance with the specifications given in PRESSLABS’ offer for that Service at the contracting date, with an uptime provided at Art. III point 1 above.
b. PRESSLABS will make its best efforts to migrate and optimize the site according to the conditions communicated to the USER together with the value of the "one shot fee", without guaranteeing the entire transfer and functionality of the site in case the transfer and functionality depend on factors external to PRESSLABS. In this respect, the USER agrees that certain features can be disabled by PRESSLABS as security measures for the USER’s site. In case the migration of the USER’s site is not or cannot be done no "one shot fee" is due;
c. PRESSLABS ensures full confidentiality of the information provided by the USER, in compliance with the Confidentiality Policy, available on www.presslabs.com.
d. PRESSLABS guarantees to take all measures to remedy technical problems that could prevent the normal functioning of the Services and whose remedy is PRESSLABS responsibility.
e. PRESSLABS has the right to suspend or cease providing Services to USER without any prior notification or other formality and without payment of any compensation or damages if the USER the violates requirements regarding the General Terms and Conditions for Service Usage provided in Section VIII below, or refuses in an unjustified way to offer additional information in the case of suspicion with regard to such violation, or if the termination of Services is necessary to protect PRESSLABS network.
a. The USER is obliged to respect accurately the conditions of these Contractual Terms and Conditions and to use the Services according to section VIII below "General Terms and Conditions for Service Usage".
b. The USER is obliged to fully and in a timely manner pay the Services offered by PRESSLABS and the amount of the "one shot fee", according to the terms and conditions stipulated in these Contractual Terms and Conditions.
c. The USER is obliged to permanently renew his/her contact and invoice information.
d. The USER is responsible with maintaining his/her account security and is responsible with respect to all activities and operations that occur in his/her account, including with the ones performed by his/her employees or contractual partners.
e. The USER has the right to benefit from the Services according to the contractual standards and to notify PRESSLABS with respect to any encountered technical difficulties, which may lead to the impossibility of using the Service according to the contractual conditions.
The USER is forbid from using PRESSLABS Services to transmit, destroy or store materials that violate any applicable law, and also undertakes not to violate any trademark, author rights, trade secrets, other intellectual property rights, or other rights of other parties. The USER is not allowed to use the Service in a dishonestly, defamatory, libelous, threatening, or abusive way. In this regard, the USER acknowledges and agrees that PRESSLABS is not responsible or liable in any way, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any violation of intellectual property rights of third parties, the entire loss will be borne by the USER.
PRESSLABS will not be held accountable for the material created, stored or available on or through its Services, which is not sent from or at the request of PRESSLABS. PRESSLABS responsibility on the content of Web pages is limited only to Web pages that belong to PRESSLABS.
The USER understands that accessing any material available on the Internet directly or through password authentication, providing personal data, including bank account numbers, credit card number of any type, acceptance of loading applications that automatically install themselves, acceptance of automatic connections towards third parties may prejudice the User, PRESSLABS and/or other third parties.
The content of materials included on
www.presslabs.com, presslabs.com and any subdomain of type
*.presslabs.com (texts, images, logos, applications, etc.) is the property of PRESSLABS and is protected by the applicable laws in terms of intellectual property. The USER does not have permission to reproduce, modify, copy or use in any other way these materials, without prior written consent of PRESSLABS, except strictly for the usage of the Services in accordance with the Contractual Terms and Conditions.
The USER agrees that the entire content of the sites hosted through the Services offered by PRESSLABS is owned entirely by the users, and PRESSLABS has no control over such sites and information. Therefore, the USER acknowledges and agrees that PRESSLABS is not responsible and does not endorse the content, information, advertising, products or materials displayed or available on the USER’s site, the USER acknowledges and agrees that PRESSLABS does not hold responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use in any way of this information, products or materials. The USER agrees to have the entire responsibility for all activities that occur within its website.
In order to prevent and fight against abusive and illegal activities the USER agrees to have monitored and recorded by PRESSLABS its Internet Protocol address and activities performed on
www.presslabs.com site and the sites hosted by PRESSLABS. Abuse includes, but is not limited to, and the USER shall refrain from:
Attempt to gain unauthorized access to Services, other accounts or networks connected to the Services;
Transmission of any material that contains viruses, trojan horses, "worms", "time bombs", cancelbots, or any other harmful or deleterious programs;
Interfering with or disrupting networks connected to the Services
Use of a false identity or attempt to mislead the identity of the USER;
Upload, publish, transmit or store information and materials through the Services, which, according to the exclusive opinion of PRESSLABS violate the applicable laws;
Upload, publish, transmit or store information and materials through the Services, which, according to exclusive opinion of PRESSLABS are obscene, indecent, defamatory, or could otherwise adversely affect any person or entity;
Upload, publish, transmit or store information and materials through the Services, which, according to the exclusive opinion of PRESSLABS infringe any person’s rights, including intellectual property rights, trade secrets, patents, including but not limited to, installation or distribution of counterfeit products or products for which he/she does not hold a license for use.
The USER agrees that in case PRESSLABS discovers or has suspicions regarding the performance of any abusive practice, that was produced or that threatens to be produced by the USER, PRESSLEBS has the right to suspend or limit the access to Services, to cancel the USER’s accounts and to terminate the contract concluded with the USER, without any compensation due to the USER or to any third party.
The USER acknowledges and agrees that PRESSLABS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the performance of any abuse from part of the USER, the entire loss being borne by the USER
PRESSLABS will provide to any interested person a notification form in case of abuse and violation of any third parties’ rights. The USER agrees that PRESSLABS may, in its sole discretion, disclose the Internet Protocol address of the USER to the owners of the violated rights who have filed complaints in this respect through the form provided by PRESSLABS.
a. At the expiration date of the contractual period, in case one of the parties has notified the other party that it no longer desires to extend the contractual period;
b. By mutual agreement;
c. If the USER is incapable of making payments or in case against him the proceedings of insolvency have started or bankruptcy was declared.
The USER can terminate the present contract if PRESSLABS does not provide the Services with accordance to the signed contract, and does not remedy the notified problems within a maximum of 15 (fifteen) working days as of receiving the written and detailed notice transmitted by the USER to this regard.
The present contract can be considered by PRESSLABS as terminated by law without any prior notification or other formality:
a. If the USER breaches any Contractual Terms and Conditions and refuses to cease and remedy the breach within 5 (five) working days as of the notification regarding the breach of the contractual terms transmitted by e-mail by PRESSLABS;
b. The USER does not pay the Services price or the "one shot fee" until the pro-forma invoice due date;
c. It is discovered that at the date of conclusion of the contract or later when updating the data, the USER has provided PRESSLABS with false, incorrect or incomplete information or data.
The USER has the obligation to pay for the received Services and any other costs due before the contract termination or any costs incurred afterwards, but in connection with the contract, including any amount due as compensation as a result of damages caused to PRESSLABS or to third parties following the misuse of the Services or in violation of the Terms and Conditions of Services Usage.
In case the termination of the contract is due to USER’s fault, PRESSLABS has the right to retain, as damages-interests, the amounts paid in advance by the USER without being obliged to return the value of the not supplied Service to the USER. However, PRESSLABS shall not be restricted in any way to get full compensation for the damage suffered.
The USER has the right to notify in writing PRESSLABS that it relinquishes the supplied Service, without penalties and without stating a motive, within a term of 10 working days as of the conclusion of the contract.
The USER recognizes and agrees that:
a. Normal marketing guarantees;
b. The Service corresponds to a particular purpose or the USER’s requirements or expectations;
c. The Service will work without interruptions, safe and without any errors, and any software error(s) will be corrected;
d. The results obtained through the usage of the Service will lack in errors.
Downloading materials and information by using the Services is done at the USER’s risk; PRESSLABS is not responsible for damages or prejudices caused to the USER as a result of downloading materials.
PRESSLABS continuously makes efforts to ensure its systems security, but the security mechanisms built into the system may contain actual limitations, inherent to the security products, which cannot be prevented or removed.
Besides guaranteeing the fulfillment of the technical specifications presented in PRESSLABS’ offer for that specific Service at the moment of contract signing and an uptime provided under the conditions Art. III point 1 above and Art. IX below, PRESSLABS cannot be held liable for any prejudice that the USER would put at the expense of malfunction of the Services or the migrated site.
Under no circumstance will PRESSLABS be held liable for the malfunction of the Service, of the migrated site or any damage caused thereby, whose causes:
a. Can be attributed to the actions or non-actions of the USER, of its representatives, employees or third parties employed by the USER;
b. Appears during a maintenance period notified by PRESSLABS to the USER;
c. Is the result of a suspension or termination of Service, as a result of unpaid invoice or breach by the USER of the Terms and Conditions of the Services Usage mentioned in the present contract.
The USER is the solely responsible for maintaining the confidentiality of passwords and access data to the Services, PRESSLABS will not be held responsible for damages caused due to their disclosure by the USER.
PRESSLABS will not be held liable towards the USER or third parties for any loss, damage, unrealized benefits, losses in profit or any other losses suffered by the USER or third parties, directly or indirectly, as a result of usage or impossibility of use of the Services or the migrated site. However, in all cases the liability of PRESSLABS is limited at the value of the Services supplied by PRESSLABS during a calendar month.
The USER holds sole responsibility towards PRESSLABS or third parties for damages caused by his/her actions, inactions or deeds performed by breaching this contract or the applicable legal provisions. PRESSLABS is entitled to request the USER for reimbursement of any and all amounts of money paid as compensation, damages or fines to cover the direct and indirect damages suffered by third parties—paid based on PRESSLABS liability caused by abusive, delinquent and fraudulent actions and inactions of the USER.
The information regarding guarantees, guarantee exclusion and limitation of liability will be constantly accessible to the USER at the following address
In case PRESSLABS Services do not meet a guaranteed uptime provided at Art. III point 1 above, PRESSLABS will return to the USER 3% of the invoice value of the Services for the month in which the uptime was not achieved for the first entire 60 minutes of downtime accumulated during a month and 1.5% for each full 30 minutes of downtime accumulated during the same month after reaching the first 60 minutes of downtime, without exceeding the value of the monthly invoice. For the avoidance of any doubt, no return or compensation will be given for the downtime minutes with a cumulative duration within a month of less than 60 minutes and for periods that cumulatively do not form full 30 minutes after reaching the first 60 minutes (e.g. for 25 minutes over the initial 60 minutes will be granted only a reduction percent of 3% corresponding to the 60 minutes of downtime). The downtime period is calculated over a calendar month, except for the initial contract period that may be higher, and the downtime minutes from a month will not be carried over to the next month.
The USER agrees that it will not be entitled to refund in case:
a. At the time when the refund becomes due the USER has breached the Contractual Terms and Conditions, including by failure to pay until due date the pro-forma invoices issued;
b. The failure to meet the guaranteed uptime occurred as a fault of the USER or its employees.
The Parties agree and the USER acknowledges that this reimbursement is the sole and exclusive indemnity to which is entitled for the failure to meet the guaranteed uptime and for the unavailability of the Services and cannot exceed the value of the monthly invoice issued for the month in which the downtime occurred.
To benefit from the reimbursement the USER should contact PRESSLABS team and notify this aspect at
email@example.com within 10 working days as of the end of the downtime period, but by the end of the month in which the downtime has occurred. The value, which needs to be reimbursed, will be deducted from the following invoice that will be issued.
Also, in case PRESSLABS foresees that it cannot perform the contract and to provide the USER with the Services, it will inform the USER in respect to such circumstance as soon as possible and will refund the amounts already paid by the USER for the Services whose performance could not be made within maximum 30 calendar days. This refund will operate only in case the failure to provide the Services is not due to the USER’s fault.
Force majeure absolves from liability the party that invokes it, with the condition that the other party is informed in 5 (five) calendar days as of the moment such an event appears and makes the fulfillment of its obligations impossible.
The duration of the contractual period is prolonged with a period equal to the duration of the force majeure. In case an event of force majeure is extended over a period longer than 60 (sixty) days, the parties convey under the present contract its termination.
By force majeure it is understood any event independent to the will of the parties, unpredictable and unavoidable, which makes impossible for the parties the partial or total performance of the contractual obligations. By force majeure it is understood situations similar to the following examples, without being limited to: war, acts of terrorism, social movements, natural disasters, floods, earth quakes, fire, power loss over a longer period of time, etc.
All notification will be made in writing and sent to the party to which it is addressed, at PRESSLABS e-mail address stated in this contract, or at the e-mail address of the USER mentioned in the order form, or to the new address, previously notified between the parties. In order to avoid any doubt, the parties agree that including the invoices issued by PRESSLABS will be send to the USER via e-mail, at the e-mail address mentioned in the order form.
The USER accepts to notify PRESSLABS of any modification regarding the information provided, including but without limitation to identification data, contact data, invoice information, contact persons or any other information necessary for the development of the contractual relationship.
The present contract is governed by Romanian law and is completed with the Romanian and EU legal provisions in force. We underline the fact that the contract can be written and agreed upon in English, but will continue to be governed by Romanian law and it will be completed with the Romanian and EU legal provisions in force.
The nullity or unenforceability of any provision of this contract is limited to that provision and does not affect in any way the other contractual provisions. In this case, the Parties involved agree to negotiate in good faith in order to establish a new provision that is not null and void or non-applicable, which will replace the void or unenforceable provision and that is as close as possible to the original intent expressed in the contract.
The information contained in the invoice issued to the USER by PRESSLABS, including the identification data of the USER, the details of the contracted Services and the determination of the price are an integral part of this contract.
Any disputes regarding the conclusion, the parties shall settle execution, interpretation and termination of this contract amicably and in case an agreement cannot be reached, the parties can address themselves to the competent Courts of law from PRESSLABS’s office.
The contract will be concluded in Timisoara, Romania, on the Date of Contract Conclusion, as provided in Section II above.