Terms of service eu
Scope. These General Terms of Service ("Terms") will be applied to a contract ("Contract") between Data Room SRL, a Romanian private limited company with VAT registration number RO24664650 ("Server Room"), address Str. Domneasca nr. 13, Bl. L, Ap. 160, Galati, Romania, and a customer ("Customer") to whom Server Room provides cloud-based infrastructure and software services for the Customer's commercial purposes ("Services").
Contract Documents. The Contract is created when Server Room receives an appropriately filled-in registration or order form ("Order") which the Customer has submitted through a registration and/or purchasing procedure at Server Room's website. In connection with the registration procedure the Customer will create a service account. The Contract is comprised of the Order, service descriptions attached or referred to in the Order, and these Terms.
Provision of Services. Server Room shall provide the Customer with the Services, which are specified in the Order. If the provided Services differ from the specifications, Server Room shall correct the Services promptly after the notification by the Customer.
Support. Server Room shall provide the Customer's administrative users with technical support on the Services through phone, e-mail, and live chat. Contact details and service hours are provided on Server Room's website.
Access to Service Account. The Customer will be responsible for activities that occur under the Customer's service account, including actions taken by the Customer's employees and other representatives as well as their compliance with user instructions and the AUP. The Customer must promptly notify Server Room if the Customer suspects that an unauthorized third party is using, or may have access to, the Services or the Customer's service account.
Third Party Software. The Customer must comply with third party software license terms if the use of such software is offered by Server Room for the provision of the Services, or if such software is obtained and uploaded in the Services by the Customer. Certain third party software cannot be uploaded by the Customer but must always be offered by Server Room.
External Back-Up Copies. Server Room is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Server Room shall not be liable for loss of data under any circumstance.
Changes to Services. Server Room is entitled to develop its services and business offerings. If Server Room considers that a change will have a material effect in the Services, Server Room will notify the Customer at least 30 days before the change will be effected and reserve the Customer a possibility to terminate the Contract.
Prices. The prices of the Services are specified in the Order. Unless otherwise agreed, Server Room charges the Customer in advance for each period of the Services according to Server Room's price list which is valid at the time. Applicable value added tax and other duties will be added to the prices unless the prices are specified VAT inclusive.
Account Billing. Accounts will be charged each billing cycle unless a cancellation notice is received at least 5 days prior to the end of a billing cycle. The contract will be automatically terminated if an account is past due for more than 10 days. Server Room will refund any cancellation of accounts within 3 days of the order being placed with a written request from the account holder.
Payment Terms. Server Room shall charge the Services on a pre-paid basis after the Customer has submitted the Order. Invoices are made available on the Customer's service account.
Refunds. Refunds are accepted within 3 days of the date of purchase. With this in mind, we have a 3-day Money Back Guarantee policy for anyone who is not completely satisfied with our services within the first 3 days of purchase. To receive a full refund please contact our sales department. When contacting our sales department to refund, please be ready to provide your name, account ID, and your contact information. Accounts cancelled/terminated by Server Room do not qualify for the 3 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.
Privacy and Personal Data Protection. Server Room will comply with applicable privacy and personal data legislation.
Confidentiality. Each party shall keep the other Party's confidential information as strictly confidential, shall not disclose it to any third party, and shall not use it for any unauthorized purposes. These obligations of confidentiality shall survive the termination of the Contract.
Intellectual Property Rights. All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of Server Room or its licensors.
Limited Warranty. In all respects the Services are provided on "as-is" and "as-available" basis, and Server Room will not give the Customer any warranty or guarantee , express or implied, for the Services, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Temporary Suspension. If the Customer has breached the provisions of the Contract or Server Room has justifiable reasons to believe such a breach exists, Server Room may temporarily suspend the provision of the Services.
Termination for Convenience. he Customer may terminate the Contract for any reason by issuing 5 days written notice to Server Room. Server Room may terminate the Contract for any reason by issuing 30 days written notice to the Customer.
Termination for Cause. Either party may terminate the Contract with immediate effect if the other party has materially breached the provisions of the Contract and has failed to rectify the breach within a 15 days period from the receipt of a written notice thereof.
Entire Agreement and Amendments. The Contract constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Services. All amendments to the Contract must be made in writing. Server Room may modify these Terms and other contract documents by notifying the Customer in writing, such as by e-mail or by posting a revised document version on Server Room's website. If Server Room considers that a revision will have a material effect on the Contract, Server Room will notify the Customer at least 30 days before the revision will be effected and reserve the Customer a possibility to terminate the Contract.
Non-Waiver. A failure by either party to enforce any provision of the Contract will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
Force Majeure. Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Services or the fulfillment of the provisions of the Contract, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the party either directly or through its subcontractor.
Severability. Should any provision of the Contract be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract will remain in full force and effect to the fullest extent permitted by law. The parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Governing Law and Arbitration. The Contract will be governed by the substantive laws of Romania, with the exception of any conflict of law principles.
Acceptable use policy
Scope. This acceptable use policy ("AUP") is an integral part of the Contract between Server Room and the Customer.
User Instructions. The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.
Customer's Legal Compliance. The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.
Illegal or Offensive Use of Services. The Customer is not entitled to use the Services for purposes which Server Room deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact Server Room in advance and request permission. For example, Server Room considers the following actions or content to be illegal or offensive:
Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive Server Room's written consent.
Disruptive Use of Services. The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services. For example, Server Room considers the following actions to be disruptive on the operation of the Services: