Applicable starting with 01.10.2017
The Contract concluded between the Parties and the General Contractual Terms and Conditions represents the contractual basis for the provisions of the Services offered by SC PRESSINFRA SRL to the USER. These General Contractual Terms and Conditions are Annex to the Agreement and form integral part thereto, all terms provided in capital letters have the meaning assigned to them in these General Contractual Terms and Conditions
The following terms written in capital letters will have the following meaning:
- Means the Services provider SC PRESSINFRA SRL, with registered office in Romania, Timisoara County, Traian Vuia Street, number 18, unique cod of registration 37483630 registered with the Trade Register under number J35/1528/2017 having e-mail address
- The USER
- Means the user of Services as identified under the Contract;
- The Parties
- Means either PRESSLABS and the USER and they cumulatively;
- Means the agreement signed between the Parties which provides the special terms and conditions applicable to the provision of Services and the Tariff Plan, together with these General Terms and Conditions;
- Signing Date
- Means the date when the Contract is signed by both Parties and is provided in the title of the Contract;
- Entering into Force Date
- Means the date expressly provided for in the Contract from which it will take effect; or, if such date is not mentioned, shall mean the Signing Date of the Contract;
- Means the document reflecting any changes or additions to the Contract, including the modification of Service specifications or tariffs applicable to certain sites to be hosted or related to sites already hosted by PRESSLABS. Addendum will form an integral part of the Contract;
- Addendum Signing Date
- Means the date when the Addendum is signed by both Parties and is provided in the title of the Addendum. However, the Addendum may expressly provide the entry into force from a date subsequent to the date Addendum Signing Date;
- Means the web hosting on servers services provided by PRESSLABS and the transport of USER’S data to customers and visitors of its site as they were contracted by the USER based on the Contract or the Addendums. The technical specifications of the Services can be found on www.presslabs.com at the date of their contracting;
- Development Package
- Means the web hosting services related to one or more sites parallel to the USER’s public site hosted by PRESSLABS. This package is an option of the USER that it can exercise in relation to each site hosted by PRESSLABS, in order to make changes to the site without affecting the public site. The sites corresponding to the Developer Package will not be public and therefore can not record views by third parties. The Development Package is a facility granted to the USER for public site management, with no additional cost to the tariff of the Services for the public sites;
- Tariff Plan
- Means the price of the Services and the financial terms applicable to each site hosted by PRESSLABS, and is either a standard plan provided in the Contract, in which case it is established for each site according to the number of hosted sites and reported to the chronological order of their contracting/adding, or is a special plan provided in an Addendum and is applicable only to the particular sites identified. If one or more sites benefit from a special Tariff Plans provided in an Addendum, these sites will not be taken into account when establishing the Tariff Plan applicable to a site based on the Contract that provides standard Tariff Plans. The description of the Tariff Plan contains the Monthly Subscription and the Page Views Fee. Exceptionally, the Tariff Plan agreed by the Parties may also include views included in the Monthly Subscription;
- Monthly Subscription fee
- Means the monthly fee under the form of a subscription, the amount of which is provided in the specifications of each Tariff Plan, paid for the hosting services of each site together with related support services;
- Page Views Fee
- Means the fee for the page views recorded on each of the USERS ‘websites hosted by PRESSLABS. If, exceptionally, the Tariff Plan agreed by the Parties may also include views included in the Monthly Subscription Fee, then the Page Views Fee will be calculated for the views that exceed the number of views included in the Monthly Subscription Fee for each site.
2. Object/Provided Services
- The object of the contract is the provision by PRESSLABS of Services for web hosting on servers and the transport of USER’S data to customers and visitors of its site, as they were presented on the website www.presslabs.com at the date of contracting them.
- For the purpose of contracting the Services, the USER will conclude with PRESSLABS the Contract (having attached as Annex these General Terms and Conditions) on the basis of which the contractual relationship between the Parties will take place and which will provide the Tariff Plans applicable to the hosting of the USER’s websites, depending on the number of hosted sites and the chronological order of their contracting. If the Parties wish to establish or modify the Tariff Plan applicable to a particular site, as an exception to the Tariff Plans provided in the Contract, they will conclude an Addendum to that effect.
- After signing the Contract, the USER will create a user account on the PRESSLABS’s electronic platform (located on www.presslabs.com), where he will be able to manage his hosted sites by adding new sites or eliminating them.
- The USER may benefit from Services for multiple hosted sites, each against the Tariff Plan. With each addition of a new website to be hosted by PRESSLABS the object the Contract will be considered to be accordingly supplemented at the date of the USER’s request for adding the new site. When ordering the Services in respect to a new site, PRESSLABS will send to the USER a notification containing the list of hosted sites (identified by domain name), the chronological order of their contracting, and the applicable Tariff Plan with the specification if it is a special plan compared to the standard Tariff Plans. The invoices issued by PRESSLABS to the USER will provide the name of the hosted sites and for each of them the Monthly Subscription Fee, the number of page views recorded in the previous month and reported to them the actual Page Views Fee due. These notifications will automatically become Annexes to the Contract.
- Additionally PRESSLABS will provide once at the beginning of the hosting services of each website the related setup services (migration and optimization services) of the clients’ websites to be hosted. The USER will provide the necessary data to PRESSLABS (details regarding the site and migration) to enable PRESSLABS’s access to the site that the USER wants to be migrated, optimized and hosted by PRESSLABS. After analyzing the complexity of the site the USER will be informed by email the details, limitations, conditions and estimated period in which the setup of the site (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. By accepting these General Terms and Conditions, the USER expressly agrees that PRESSLABS will migrate and optimize its sites under these conditions and with these limitations. By providing this information, the USER agrees to expressly and unequivocally consent to the provision of the Services from the Entering into Force Date.
- Also, when analyzing the complexity of the USER’s site that is being installed, PRESSLABS reserves the right to request an installation fee, which will be communicated to the USER by e-mail, with the request to give its express consent on its value, otherwise the Services will cease in respect of that site considering that the subject of the Contract can not be achieved. This setup fee will be invoiced on the next invoice issued by PRESSLABS to the USER.
- In addition, PRESSLABS makes available to the USER for each site hosted by PRESSLABS a Development Package.
- At the request of the USER, PRESSLABS may also provide information technology consultancy services against a separately agreed hourly tariff, the consultancy activities being detailed on the monthly invoices or the Annexes thereto.
- The technical parameters that PRESSLABS is committed to complying with, the content and features of the Services are those presented on www.presslabs.com website at the time of contracting the Services for each site. 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.statuscake.com). The USER will have access to monthly uptime reports. As regards the costs of the Internet service provider required to access the sites hosted by PRESSLABS, they are exclusively the responsibility of the USER, and are not part of the service provided by PRESSLABS. The services provided by PRESSLABS benefit from the warranty conditions provided by the legal provisions in force as well as the warranty conditions in accordance with PRESSLABS’s commercial policies.
- Hereby the USER is informed about the existence of the codes of conduct, as defined in art. 2 letter f) of Law no. 363/2007 on combating unfair trade practices in dealing with consumers and harmonization of regulations with European legislation on consumer protection, in order to obtain copies of these documents the USER may address PRESSLABS via e-mail.
3. Contractual Period
- 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 signed plus one full calendar month, except in case the Contract signed between the Parties does not provide otherwise.
- Subsequently, the contract period is automatically extended in the same conditions (exceptions being made if changes have occurred according to Art. IV point 14, 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 in case of PRESSLABS and 5 days in case of the USER before the current contract period expires. The extension of the contractual period for the next month is contingent on timely payment by the USER of the proforma invoice issued by PRESSLABS for the current month and for the month for which the prolongation operates, in the indicated time frame. The extension of the contractual period will apply to all Services of all sites contracted by the USER if the proforma invoice has been paid in full.
- The USER expressly agrees that no prior notice will be required to operate the automatic extension of the contractual period.
4. Service Price and Payment Method
- The price of the web hosting Services for each site hosted by PRESSLABS is as set out in the applicable Tariff Plan agreed by the Parties. The Tariff Plan applicable to each site hosted will be automatically established at the time of adding a site based on the standard Tariff Plans agreed by the Parties under the Contract, based on the number of sites hosted at that time for that USER and reported in the chronological order of adding the sites. In case the USER renounces to a website or the Services are no longer provided for a website (including as a consequence of non-payment of the USER), the Tariff Plan applicable to the remaining USER’s websites will be automatically modified corresponding to the new number of hosted websites, according to their seniority
- By way of exception, the Parties may agree a special Tariff plan provided for in an Addendum with respect to certain sites and applicable only to those identified sites. If one or more sites benefit from a special Tariff Plans provided in an Addendum, these sites will not be taken into account when establishing the Tariff Plan applicable to a site based on the Contract that provides standard Tariff Plans.
- When ordering the Services in respect to an additional site, PRESSLABS will send to the USER a notification containing the list of hosted sites (identified by domain name), the chronological order of their contracting, and the applicable Tariff. The invoices issued by PRESSLABS to the USER will provide the name of the hosted sites and for each of them the Monthly Subscription Fee, the number of page views recorded in the previous month and reported to them the actual Page Views Fee due. The additional sites added by the USER will be invoiced starting with the next month after the site was added.
- On a case-by-case basis, PRESSLABS reserves the right to promote special offers to its users at the discretion of PRESSLABS. These agreements will materialize into Addendum to the Contract.
- Payments will be made through bank transfer directly to PRESSLABS account or with credit/debit card, based on the proforma 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 for non-residents in Romania and in RON for Romanian residents at the RON-USD exchange rate on the day when the proforma invoice was issued. If according to the law, PRESSLABS has the obligation to charge the USER VAT, in addition to the prices displayed on the website www.presslabs.com and those stipulated in the Contract or Addendum, the VAT will be invoiced and charged in accordance with the legal provisions from the date of the invoice issuance.
- In case expressly specified in the Contract, PRESSLABS grants the USER for the first hosted website a free trial period of 2 calendar weeks calculated as of the Signing Date. This time period includes the necessary period for site setup (migration and optimization), thereby ensuring the USER’s right to renounce to PRESSLABS services within 14 calendar days of the Signing Date without payment of any costs or penalties.
- If during the free trial period, the USER manifests by written notice the desire to give up the PRESSLABS Services related to the first hosted site, an invoice with a 0 (zero) balance will be issued, except in the case where during the 14 days period the USER also contracts for the hosting of additional sites, and with respect to these site, the Contract remains in force, in which case a first proforma invoice will be issued for the prices of the sites remaining under the Contract, which will be invoiced starting from the month following that in which the sites were added.
In case no such intention to renounce at PRESSLABS’s Services is expressed during this period, the first proforma invoice will be issued until the 5th of the month following the one in which the free trial expires, with the value represented by:
- i. a pro-rata amount of the Monthly Subscription Fee, proportional to the number of days remaining between the free trial expiration date and the
- ii. 1st of the next month; and the Monthly Subscription Fee for the current month at the date of the proforma issuance; and
- iii. the Page Views Fee for the previous month’s page views and the setup fee, if applicable
Subsequently, PRESSLABS will issue a monthly proforma invoice until the 5th of every month for the Monthly Subscription Fee for the Services that will be offered in that month, plus the Page Views Fee corresponding to the previous month’s page views for each site. Payment of the Service price becomes due within 5 calendar days as of the date of the proforma invoice being issuance. In the case of automatic debit payment, the payment will be made on the day of the pro forma issuance. The USER agrees to pay the Service monthly subscription fees in advance with regard to the delivery period.
The USER declares that he / she agrees that the payments are validly made on the basis of the proforma invoices transmitted by e-mail, and then the related fiscal invoices will be issued. Also, in the case of automatic debit payments, if they are canceled / revoked by the payment service provider, PRESSLABS will be able to validly request the cancellation of this operation and the payment of that value based on the issued proforma invoice, the Contract and / or the applicable Addendum, as well as the report of page views related to those sites for the period in question.
In case of non- payment of the proforma invoice until due date, PRESSLABS has the right to suspend the provision of the Services without any notice or other prior formality. For the avoidance of doubt, the amount of the invoice is not dividable and the USER has the obligation to pay the entire amount, failure to fully pay the value of the invoice will give PRESSLABS the right to suspend the provision of the Services with respect to all of the USER’s websites, irrespective of a partial payment or not. The USER can make payment confirmation by sending the document that ascertains the payment via email, or when the credit card payment system (or any other such system or financial institution, applicable from time to time) confirms the payment.
The USER agrees that in case the payment is not confirmed within 30 days as of the due date of the last invoice, the data and information uploaded and stored by the USER or its authorized representatives on PRESSLABS servers can be deleted.
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 (including page views, guaranteed uptime etc), 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 to accept the new terms or to decide not to renew the contract following these changes by following the procedure described in Art. III point 2 above. Failure to submit a response is equivalent to the refusal to extend the contract under the new changes.
5. Commencement Date
- The beginning of Service provision and performing the operations of website setup (migration and optimization of the site) by PRESSLABS is done in a maximum of 72 hours as of the moment of the Signing Date, except in case there is another expressed specified date. This term may be extended independently of PRESSLABS’s will in the event that the USER does not provide PRESSLABS with all the connection data necessary to complete the installation operations.
- In order to start using the Services, the USER will be informed via e-mail with respect to the finalization of the set-up process.
6. Rights and Obligations of the Contractual Parties
- PRESSLABS rights and obligations:
- 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. II point 9 above.
- b. PRESSLABS will make its best efforts to setup (migrate and optimize) the site according to the conditions communicated to the USER together with the value of the “setup 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 “setup 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 violates the requirements regarding the General Terms and Conditions for Service Usage provided in Section VII 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.
- The USER declares and guarantees the following:
- 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 and creates the client account on its behalf has the power to validly engage the legal entity;
- The data and the pieces of information provided in the order form (including the identification data and domicile and fiscal residence) and client account are accurate, complete and real and they will be updated correct and continuously;
- 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 www.presslabs.com.
- 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.
- 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.
- USER rights and obligations:
- a. The USER is obliged to respect accurately the conditions of these Contractual Terms and Conditions and to use the Services according to section VII 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 “setup 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.
7. General Terms and Conditions for Services Usage
- 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, libellous, 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 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 unauthorised 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, PRESSLABS 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.
8. Termination of Contract
- The present contract is terminated:
- 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 in accordance with Art. III point 2;
- 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 in accordance to the concluded 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 “setup fee” until the proforma 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. Also, before terminating the agreement and receiving the full backup of his site the USER has the obligation to clear his balance with PRESSLABS by paying all Services costs and fees, including the extra page views, for the month in which the termination occurs.
- 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 and PRESSLABS have the possibility to partially terminate the agreement according to the provisions above only in respect to the Services provided for certain websites hosted by PRESSLABS and not all.
9. The Right of Withdrawal from the Contract
- a. The USER is informed that according to Romanian legislation, the withdraw from the contract is applicable only to customers natural persons or group of natural persons (consumers).
- b. The right of withdrawal: the USER-consumer has the right to withdraw from this contract, without giving any reason, within 14 days as of the Signing Date. The withdraw may also operate only in respect to certain sites for which it was requested the web hosting Services, in case the withdrawal takes place within 14 days as of the Signing Date.
- c. The withdrawal period expires after 14 days from the Signing Date.
- d. In order to exercise the right of withdrawal the USER should inform PRESSLABS via e-mail:
firstname.lastname@example.org its decision to withdraw from this Contract by an unequivocal statement, for example, a letter sent by e-mail. For this purpose, the USER can use the model of withdrawal below; however its use is not mandatory. PRESSLABS will send without delay by e-mail, the confirmation of receipt of the withdrawal request.
- e. To meet the deadline for withdrawal is sufficient for the USER to send the statement of exercising the right of withdrawal before the withdrawal period expires.
- f. The consequences of withdrawal
If the USER withdraws, PRESSLABS will refund any amount that receives from the USER for the Services it gave up to during the 14 days as of the Signing Date, without undue delay and in any event no later than 14 days as of the date on which it informed PRESSLABS about its decision to withdraw from this Contract.
PRESSLABS will carry out such reimbursement using the same payment method as the one used for the initial transaction, unless the USER has expressly agreed to another way of repayment; in any event, the USER will not be charged fees as a result of such reimbursements.
Complete this form only if you wish to withdraw from the contract.
10. Limitation of Liability and Disclaimer of Warranty
The USER recognises and agrees that:
- The usage of Services is at the USER’s risk, the Services and the migration and optimisation operations of the site being provided on the basis of the principle “as it is”. PRESSLABS does not take any responsibility and does not offer guarantees of any nature, including, but without limiting its self to:
- 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 fulfilment of the technical specifications presented in PRESSLABS’ offer for that specific Service at the moment of contract conclusion and an uptime provided under the conditions Art. II point 9 above and Art. X 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, unrealised 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.
11. Return Policy
- In case PRESSLABS Services does not meet a guaranteed uptime provided at Art. II point 9 above, PRESSLABS will return to the USER by way of reduction from the next invoice, a percentage of the monthly subscription fee from the next invoice for the site that registered the downtime and from the fee of the extra page views corresponding to the site that registered the downtime, as follows:
- 3% for the first entire 20 minutes of downtime accumulated during a month; and
- 1.5% for each full 20 minutes of downtime accumulated during the same month after reaching the first 20 minutes of downtime. However the total amount of returns/ compensation cannot exceed the value of the monthly invoice corresponding to the site that registered the downtime. 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 20 minutes and for periods that cumulatively do not form full 20 minutes after reaching the first 20 minutes (e.g.. for 15 minutes over the initial 20 minutes will be granted only a reduction percent of 3% corresponding to the first 20 minutes of downtime). The downtime period is calculated over a calendar month, except for the first invoice period that may be lower, 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 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 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.
12. Force Majeure
- 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 fulfilment 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 client account, 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 client account.
- 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.
- In order to communicate any complaints, notifications PRESSLABS makes available to the USER the following e-mail addresses
- The USER gives its express consent regarding the performance of the communications with PRESSLABS by e-mail during the entire contractual period.
14. Final Clauses
- The present contract is governed by Romanian law and is completed with the Romanian and EU legal provisions in force.
- In case of discrepancies between the provisions, the special terms and condition provided under the Contract signed between the Parties shall prevail to these General Contractual Terms and Conditions.
- 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. As well as the Annexes and the Addendums hereto.
- Any disputes regarding the conclusion, execution, interpretation and termination of this contract the parties shall settle amicably and in case an agreement cannot be reached, the parties can address themselves to the competent Courts of law from PRESSLABS’s office. Also, in case the USER is a consumer with his residence in EU, he will have the possibility to address his complaints to the entities for alternative settlement of disputes by following the procedure described on the Online Dispute Resolution European Platform (SOL).
- The Contract is concluded via e-mail and is considered to be concluded in Timisoara, Romania, on the Signing Date of Contract Conclusion.