PRELIMINARY INFORMATION

This document entitled 'Terms and Conditions' (TCU) constitutes the legal agreement between you as a Client/Beneficiary and/or Visitor and Ecomweb S.R.L., regarding the use of the Site, ordering products/services, accessing and using the Site's facilities etc. For the proper use of the Site, we recommend that you read these Terms and Conditions in advance. Accessing and visiting the Site, as well as placing an Order, means full and unconditional acceptance of these Terms and Conditions.

In order to be able to easily access the services that we make available to you, you must unequivocally and fully accept the present Terms and Conditions. If you do not agree to comply with these Terms and Conditions, even partially, you will please do not use the Site. Also, if, at any time, these Terms and Conditions are no longer accepted by you, please stop accessing and using the Site immediately.

Ecomweb S.R.L, commercial company with registered office at 20 Arhitect Gheorghe Simotta street, Ramnicu Valcea city, Valcea county, is registered at the Trade Registry Office, under number J38/103/2021, with Fiscal Code: 43618650, represented by Mr. Mirea Radu Nicolae and Solomon Danut Vasile as administrators.

Ecomweb is an IT company specialized in the development of personalized websites in WordPress Custom, their optimization for search engines (SEO) and online promotion through Facebook, Instagram and Google platforms. Our team is dedicated to meeting the needs and requirements of our clients. We work closely with each client to understand their vision and provide them with customized web solutions that fit their budget and goals. We strive to deliver high quality projects on time and to we exceed our customers' expectations.

DEFINITION OF SOME TERMS

Considering the fact that in this document certain words or phrases will be used repeatedly, we decided to make a list of the most common forms to facilitate the correct understanding of the entire document:

• Order: represents the intention of the Client/Beneficiary, expressed through the website, through which he expresses his desire and commitment to purchase at least one product or service from those marketed by us;
• Contract: represents the distance contract concluded between us and you, our customers. This contract is concluded without the simultaneous physical presence of the Seller and the Buyer, contracts that are concluded by the acceptance, after careful reading, of this Document by the Buyer;
• Buyer/Customer/Beneficiary: any natural person, at least 18 years old, with full exercise capacity or any legal person/entity, who collaborates with us ECOMWEB S.R.L;
• Seller/Supplier: represents the company ECOMWEB S.R.L, as we previously introduced ourselves;
• Document / Policy of Use / Terms and Conditions: presents the Policy regarding the terms and conditions of use of the Site, also called 'Terms and Conditions', 'T&C' or 'Policy', which will govern the contractual relationship between Ecomweb and Customers/Beneficiaries or Visitors and which will be interpreted in accordance with Romanian law. Any non-compliance or invalidity of a part or clause of the Terms and Conditions with other applicable legal provisions has no effect on the validity and legality of the other provisions of the Policy;
• Product or Service: represents the service that is sold on the website www.ecomweb.ro;
• Visitor: any person who accesses the site;
• Site: represents our website www.ecomweb.ro as well as any section or subpage thereof;

The present Contract has been concluded, the provisions and clauses of which, agreed by virtue of the right of freedom of contract, were established by our mutual agreement and in compliance with the law.

This contact (TCU) serves as the legal basis for all hosting services offered by Ecomweb SRL.

• Ecomweb SRL reserves the right to modify, change, remove or add terms and conditions of this TCU, including, but not limited to: terms, applicable fines/taxes, operating policies, use/customer behavior in relation to the image , employees of Ecomweb SRL.
• Ecomweb SRL can benefit from this right without prior notifications or notices. Regardless of the previous communications/notices, the continued use of the services represents your agreement to these changes. The periodic verification of the changes and changes made in this TCU, as well as the correctness of the data provided by You are entirely the Beneficiary's responsibility.

GENERAL CONDITIONS OF USE

• The www.ecomweb.ro site is a public site that can be used by any person interested in purchasing one or more services from those marketed by us;
• We reserve the right to deny or restrict access to visitors or customers to certain subsections or specific functions of the site if there is reasonable suspicion that fraud or circumvention of site policies is being attempted. Access will also be denied or restricted whenever we have the reasonable suspicion that certain actions are trying to harm our interests;
• We expressly prohibit any abusive use of our website, by abusive use we mean any action or inaction that does not comply with the rules set forth in this Policy or in any other existing policy on the site, any action that contravenes good faith in commercial or contractual relations or any action that violates the legislation in force or good practices and/or morals;

I. OBJECT OF THE CONTRACT (TCU)

The object of the contract is the provision by Ecomweb SRL of web hosting services on virtual servers, website development, optimization (SEO or website) and online advertising. These services represent a range of functions and facilities for each batch.

The provider agrees to provide the following services:

• hosting of the contracted website or websites;
• online and/or telephone technical assistance in exceptional cases;
• registration of domain names from the .ro area and international .com, .net, .org, .info, .biz and .eu;

The supplier undertakes to offer services in accordance with the technical parameters presented in the public offer.

II. ORDER. PRICE. INVOICING. PAYMENT.

By paying the invoice issued by Ecomweb SRL for the services provided, you agree to the Terms and Conditions of Use (TCU).

This stands for:

• a guarantee that you are a natural person, that you are over 18 years old or that you are a legal person, partnership or any other legal form of organization in accordance with trade standards.
• and guarantees that you have the authority to use the services according to this TCU, in case you do not agree / do not express your agreement on the terms or any other changes, the only option is to notify by e-mail: office@ecomweb. ro on the desire to unilaterally terminate this TCU or modify it under other conditions.

• We will issue the invoice related to the purchased services based on the identification data you will communicate to us. The invoice will be delivered together with the products or services ordered, to your e-mail, this being valid in this format and even without a stamp or signature from the issuer.
• Ecomweb SRL will issue proforma invoices on the basis of which you will have to pay all or half of the value of the contracted Service in order to be able to start the service.
• The frequency of payment when the service allows (online promotion/web maintenance), you will choose it, in writing by email to the address office@ecomweb.ro. The valid payment is non-refundable, even if you cancel the hosting services in advance than during the first 30 days of the validity of the contract. Payment is made in lei. In case of non-payment, Ecomweb SRL has the right to interrupt the provision of the service without any prior notification.
• By interrupting the service, we mean the SUSPENSION, DELETING the account from the Ecomweb SRL servers. The decision on the form of interruption of the service belongs exclusively to the supplier. By not paying for the services provided, the beneficiary expressly waives other rights and legal protection.
• Switching to a higher or lower subscription can be done at any time, these changes will take place immediately. The payment will correspond to the type of service chosen.
• Activation of hosting services and enduser packages is done within 24 hours after the customer submits the order, payment confirmation can be done by sending the payment document on Whatsapp, e-mail or when the bank confirms the respective payment. Ecomweb SRL can at any time change the rates for the hosting service, or the bases on which any fee is determined or institute any new fee. In case of renewal, the prices can be changed without any prior modification.
• The contractual period starts from the date on which your service was activated, and remains valid for the established period. If you wish to cancel the Service provided by Ecomweb SRL, you must notify Ecomweb (office@ecomweb.ro) about this in writing via e-mail.

III. OWNERSHIP OF THE INFORMATION FROM THE HOSTING ACCOUNT AND SECURITY

Access to the hosting account on the Ecomweb SRL servers is made through a username and password sent by Ecomweb when the hosting account is activated. You agree to keep this password confidential.

You are responsible for maintaining the security of your account. And you are fully responsible for all activities that take place in your account. And any actions performed in connection with your domain name. Including those performed by users of email addresses on your domain or the actions of partners (legal representatives or their employees) engaged in the creation/maintenance and/or promotion of your website,

You agree to notify Ecomweb of any unauthorized account or other security breaches. Ecomweb assumes no responsibility for any loss or damage related to your ability to remedy it. You acknowledge and agree that under in no way is Ecomweb responsible, in any way, for the actions or omissions of you or of the users of the hosting account resources, to which you give access, not even in the case of damages caused by them in any way due to actions or omissions In the event that some sums of money will have to be paid as compensations or fines and not only, you will be obliged to pay these sums of money, and not Ecomweb.

You, your designated partners or representatives, to whom you have allowed access to your hosting account, may not use the Ecomweb network to attempt to circumvent authentication or defeat the security of any host, network or account. This includes, but not is limited only to: accessing data not intended for the client, logging in to a server or an account for which the client does not have authorized access, breaking passwords, checking the security of other networks looking for weaknesses or violating other security policies of the organization.

You, your designated partners or representatives, to whom you have granted access to your hosting account, have no right to attempt to prevent or stop the service of any user, host or network. This includes, but is not limited to attacks such as denial of service, mail bombing or other deliberate attempts to block a host or network.Ecomweb will cooperate with authorities investigating breaches of the security of other sites' systems or networks, including authorities investigating criminal acts . Users who violate the security of systems or networks can be held accountable through civil or criminal processes.

IV. USE OF THE SERVICE

All services offered by Ecomweb can only be used for legal purposes. The transmission, storage or presentation of information, data or materials that violate Romanian and international laws are prohibited.

The client agrees not to ask for compensation and not to hold Ecomweb responsible for any claim resulting from the use of the service that damages the client or a third party.

Note: pornography and sex-related materials are prohibited on our servers.

Some examples of materials or links that are not acceptable

• pirated software
• hacker programs or archives
• warez sites
• proxy, and proxy platforms
• pornography and adult materials
• spamming software
• download mp3, movies for which you do not have the consent of the copyright owner

At the moment we do not allow

• customers to run software for IRC like eggdrop or bitchx on our servers
• the use of each client's own chat rooms on our servers due to the special requirements of these programs

We allow the use of bulletin board programs, but they must be used in accordance with the server's resource usage policy. We recommend the use of programs that use a database, programs that work with files are slow and require important resources. No we allow the use of programs that run continuously in the background. We allow programs to operate in the background as an extension of the client's website, but we do not allow the use of programs specially made to operate in the background. For example, a program like lightgate may start sending emails and works in the background until completion, but we do not allow programs designed to send emails that run in the background.

Any website that uses a large portion of server resources (such as, but not limited to: CPU, memory, and network resource usage) may be suspended without notice and may be remedied either to opt for a dedicated server or to limit the degree of use of resources to an acceptable level.

Web traffic measures, the traffic recorded on http, ftp, smtp and pop3. Ecomweb SRL servers are powerful enough to cope with a very high consumption of resources. However, we cannot allow a single client to upload the server to the detriment of other customers.

Additionally, you may not post, send or retransmit or store materials using the hosting account that Ecomweb deems to be:

• violates a local or foreign law or regulation;
• is threatening, obscene, indecent, defamatory or may harm an individual, group or entity;
• violates the rights of any person, including rights protected by copyright, trade secrets, inventions or other intellectual property rights, as well as the installation or distribution of 'pirated' software to other products that do not have the appropriate license for use, these examples are not limiting and also refer to links that such servers.

You agree not to

• upload, post, transmit or otherwise make available (reference) content content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, infringing on the privacy of others, adult, racial, ethnic or otherwise reprehensible
• harm minors in any way
• assume the identity of another natural or legal person, even an Ecomweb SRL official, forum manager, guide or host, or otherwise declare your relationship with a natural or legal person
• falsify the headers or otherwise manipulate the identification elements to mask the origin of the content transmitted through the Ecomweb servers
• upload, publish or transmit content that you do not have the right to communicate under the law or contractual obligations
• upload, post or otherwise transmit content that infringes the patents, trademarks, trade secrets, copyrights, rights of privacy or publicity, or other proprietary rights of any party
• to upload, post or transmit unsolicited commercial emails, called 'spam'
• to upload, post or otherwise transmit materials that contain viruses or other codes, files or programs designed to interrupt, destroy or limit the operation of any software or hardware component of ecomweb srl servers or of a third party
• disrupt or disrupt the service or the servers or networks related to the service, or violate the requirements, procedures, policies or regulations related to the service
• intentionally or unintentionally violate any applicable local, state, national, or international law or ICANN policies
• provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization
• to 'follow' or otherwise harass someone
• interfere with or disrupt the service or the servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the Ecomweb network
• collect, transmit or store personal or financial data about any individual or entity
• promote or provide training information about illegal activities, promote physical violence and insults against an individual or group, or promote any act of animal cruelty

You agree not to involve Ecomweb in any claims or complaints resulting from the service that cause damage to you or another party. Ecomweb reserves the right to investigate you, your business and/or staff you, your site and the materials contained on the site at any time. These investigations will be done only for the benefit of Ecomweb SRL and not for the benefit of you or a third party. If the investigation reveals any information, action or omission that in the opinion Ecomweb constitutes a violation of national or international laws or regulations or Ecomweb policies, may close your website immediately and will notify you of this action by email to the address provided.

You agree to waive any right of action or any claim you may have against Ecomweb for such actions.

V. EMAIL SENDING POLICY

Each hosting account is limited so that it does not allow sending more than 200 emails in a 60-minute interval / domain. This policy (restriction) is necessary to protect the quality of the service of hosting. The massive sending of emails determines the massive consumption of a server's resources, this having a negative impact on the quality of services received by clients.

The first violation of this policy results in the immediate suspension of the hosting account and the penalty of the client with a fee of 25 euros + VAT. The reactivation of the account is done only after paying the penalty and sending to Ecomweb SRL by email a signed and stamped commitment (where applicable) with the following text 'I have read, understand and agree to the email sending policy'

Second violation of this policy results in immediate termination of the hosting account.

Ecomweb SRL will not return to the client any of the fees paid in advance, in case the account has been terminated for violating these rules. The beneficiary is obliged to pay the outstanding fees to Ecomweb in full.

Email spam is totally prohibited. 'Spam' includes the sending of unsolicited bulk and/or commercial email messages via the Internet using the services of Ecomweb SRL or of another service provider with reference to Ecomweb SRL (and any site located in our property) or at any site hosted by Ecomweb SRL.

Spam is totally prohibited and its discovery attracts the application of a penalty fee of 100 euros + VAT, and implies the automatic deletion of the respective account from our servers.

By spam we mean the sending of email messages to recipients who have not previously expressed their desire to receive those commercial messages or not. You must provide Ecomweb with all the requested data to contact fully or randomly on some of the destinations of the sent messages.

VI. Support, guarantees and internet domains

Ecomweb reserves the right to set limits or extend any kind of support offered for the contracted service and the hours at which it is available.

You agree to provide guarantees for Ecomweb SRL and its partners that you will not have any claims or demands, including attorneys' fees requested by a third party, due to its appearance in the content of your website, the use by your use of the service, your relationship with the service, your violation of the TCU, or your violation of any other rights of another party, including but not limited to your use of content, trademarks, trade names, copyrighted materials copyrighted or patented or other intellectual property rights.

Provider reserves the right to assume the defense and control of any warranty on your part, but doing so does not relieve you of the warranty obligation on your part.

You are aware that the provider can establish general practices and limitations on the use of the service.

Ecomweb reserves the right to modify or temporarily or permanently interrupt the service (or any component thereof) with or without notice, at any time. You agree that Ecomweb SRL is not responsible to you or against any other party for any modifications, suspensions or interruptions of the service.

In the case of domains that do not have the ending .ro, their registration is carried out only after confirmation of payment according to the proforma invoice issued through the order form. If between the date of placing the order and the date of payment confirmation the domain name that is wants to be purchased is registered by a third party beneficiary, you are given the opportunity either to return the counter value in lei of the proforma invoice from the day of issue, or to register another domain name with the same ending.

In the case of domains in the .ro zone, their registration will be done only after confirming the payment according to the proforma invoice issued through the order form.

VII. Disclaimer

You understand and agree that:

Use of the service is at your own risk, the provider assumes no responsibility and makes no warranties of any kind, either explicitly or implicitly, including but not limited to the usual warranties of merchantability, fitness for a specific purpose:

• any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you are solely responsible for any damage to your computer or loss of data resulting from downloading some material
• the security mechanisms incorporated in the software (system) know effective/inherent limitations, you having the responsibility to identify exactly your needs.

The provider, by this agreement or other terms provided, does not guarantee that:

• the service exactly matches your requirements,
• the service will work uninterrupted, safely and without errors
• the results obtained by using the service will be error-free and reliable
• the quality of the products, services, information or other materials purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected.
• no advice or information, whether oral or written, obtained through or from the service shall create any other warranty not stated in this agreement.

Ecomweb SRL does not assume responsibility for non-compliance with deadlines, for the deletion, non-delivery or erroneous storage of any form of communication or any personalized settings used by you.

The provider will make reasonable efforts to maintain the service; however, it is not responsible for damage, loss of data, customer details or seller details, income or other damage to businesses due to delays, mistransmission or non-transmission of information, due access restriction or interruption, bugs or other errors, unauthorized use due to shared access to the service or other interactions with the service.

You are responsible for maintaining and backing up your data and any information stored through the service.

VIII. Limitation of obligations

You understand and agree that Ecomweb SRL, its associates or other partners, directors, shareholders or employees of the supplier have no obligations for any direct, indirect, special, exemplary damages, including but not limited to damages for loss of future earnings, goodwill, use, data or other intangible assets (even if you have warned Ecomweb of the possibility of such losses), resulting from:

• use or inability to use the service
• errors, defects, omissions, delays in operations or transmissions or any other irregularity of the smooth running of the service or the software
• the cost of procuring goods or services to replace those bought or obtained through messages or transactions made through the service
• unauthorized access or alteration of your transmissions and data
• statements and behavior of another party towards the service
• to any good or service offered or sold through the service
• any other situation relating to the Service or the Software.

IX. Applicable law and force majeure

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• the other party must be notified promptly;
• the force majeure party must use reasonable commercial efforts to promptly correct any malfunction or delay;

If the provider is unable to provide the service for a period of 30 consecutive days due to a continuous force majeure event, you will be able to terminate the service, but Ecomweb will have no obligation in this regard .

X. The relationship between the parties

• This agreement will not establish any partnership, joint venture, employment, franchise or agency relationship between the supplier and you. Neither Ecomweb nor you will have the power to bind the other party or create obligations for the other party without having a prior consent from it, in writing, with the exception of what is expressly stated in this agreement.
• Ecomweb SRL and you agree that, with the exception of what is expressly stated in this agreement, there will be no third party beneficiaries of this agreement, such as insurance companies for any party or your users, without this example being limiting.

XI. Final Clauses

• These TCU constitute an agreement between Ecomweb SRL and you and guarantee you the use of the services, constituting the service contract concluded between you and Ecomweb SRL or by paying the invoice. You may also find yourself under the authority of other additional terms or conditions of use that applies when you use other services of the provider, content or software of a third party.
• If any provision of these TCU or other incorporated documents is proven by a competent institution to be invalid, the parties agree that this institution will try to take into account the intentions of the parties as reflected in the provision, and the rest of the provisions remaining in force.
• You agree that, regardless of any other law or statute, any claim or cause arising out of these terms, related to your use of the services or TCU, must be brought within one year after such claim was raised or will be forever classified. The section headings in these terms are for convenience only and have no legal or contractual effect.

We also inform you that, if you consider it necessary, you have the possibility to use the platform (for online resolution of disputes), present in the website interface or for formulating an addressed complaint in order to remedy any discrepancies or problems.