Legal Agreements and Policies

Terms and conditions of use of the services provided by ENKOSOFT.COMPANY

I. Introduction

Art.1. By using the services provided by Enkosoft Company SRL, the user agrees to the terms and conditions set forth in this document.

Art.2. The provisions of this document must be accepted and observed by the users.

Art.3. This document includes the terms and conditions of use of the services provided by Enkosoft Company SRL through the website Enkosoft.Company.

Art.4. Enkosoft Company reserves the right to amend this document with no prior notice.

II. Definitions

The user is the natural or legal person who benefits from the services provided through the Enkosoft website.

The client is the natural or legal person who initiates an order through the Enkosoft.Company website.

The provider is represented by the legal entity Enkosoft Company SRL, who is the owner of the Enkosoft.Company website.

The provider’s website is the website on which the client initiates an order: Enkosoft.Company.

This document represents the agreement necessary to conclude a distance contract.

The service represents any activity presented by the provider on his website and which can be provided to the client after the initiation of an order.

The order is the request the client submits to the provider, from among the services listed on the provider’s website.

III. Contracting parties

1. This document is concluded between SC Enkosoft Company SRL, with its registered office in Iași, 10, Chimiei Blvd., Building 10B, Entrance B, 4th Floor, Apartment 8, registered with the Trade Register Office under no. J22/2351/2008, Fiscal Registration Code 24277930, IBAN account RO62INGB0000999905651888, opened with ING BANK NV Amsterdam, the Bucharest Branch – as provider,

2. and the beneficiary of the services, identified with the data included by them in the order form.

IV. Content policies

Art.1. The services offered by the provider on the website shall not be used in activities that are illegal or prohibited in accordance with the Romanian and European Laws, as well as with those of the United States of America or other beneficiary states.

Art.2. We do not accept materials such as:

  • a.Adult sites, pornographic or obscene content, nudity or text with sexual or obscene content.
  • b. Materials which violate or prejudice the rightful author’s intellectual property rights, or which infringe other rights.
  • c. Personal data used for illegal purposes.
  • d. Materials with racial or discriminatory content or which contain threats, harassment and abuse.
  • e. Materials enticing to hatred and violence.
  • f. Materials such as information or software containing viruses or Trojans.
  • g. Modules with scripts that are used for sending SPAM.
  • h. Any activity involving the collection of email addresses, their storage and use for sending unsolicited messages, without the holders’ consent.
  • i. Any type of materials and resources that promote illegal activities such as hacking/cracking/warez/phishing/other similar ones.
  • j. Materials violating the legislation on the protection of minors.
  • k. Materials such as mp3, movies, or e-books for which there is no agreement with the copyright owner.
  • l. Applications and Platforms of the proxy type.
  • m. Applications such as IRC, podcast, webcast, shoutcast, multicast, wap, YaBB.
  • n. Websites displaying links to other sites that offer pirated material or direct links to such resources.
  • o. Applications of online gaming, games servers and any such material.
  • p. Processes that run constantly in the background, the use and storage of PHP shells or any other files of this type.
  • q. Files leading to server overload.
  • r. Any materials that may be considered illegal or harmful.

Art.3.Any violation of the policies provided in Chapter IV. Art.2. will result in the immediate suspension of your account without prior notice, and the decision will be irrevocable.

V. Resource usage policies

Art.1. We reserve the right to impose hardware and software conditions for the provided services, with no prior notice.

Art.2. The detailed list of resources allocated to each hosting plan can be found in the descriptions of each package.

Art.3. The accounts are monitored to observe the consumption of resources. If an account uses a larger amount of resources on the server over a long period of time, we reserve the right to temporarily suspend the account’s activity until the problem is solved through the client’s request. If the client does not request the issue to be solved, the account will be permanently closed within 5 days.

Art.4. Clients may request the increase of the performances of the purchased system by sending an explicit request through the contact form.

VI. Backup

Art.1. The client is obliged to secure the backup of its information. Enkosoft Company is not responsible for the loss of clients’ data.

VII. Uptime

Art.1. The server’s uptime is of 99.90%. If the server’s downtime is greater, unless due to natural causes, the client will receive a discount on the subscription, depending on the seriousness of the situation, after a discussion with us via the contact form.

VIII. Web domains

Art.1. Web domains are registered only after the confirmation of the payment in accordance with the proforma invoice from the order.

Art.2. In case of extension of the rental of web domains, the extension has to be paid at least 15 days before its expiry for general domains (.com, .net, .info, etc.), and at least one month before the expiry for national domains (.ro , .es, .de, .it, .eu, etc).

Art.3. If the provisions explained in Chapter VIII Art. 2 are not observed, it will be no longer possible to extend the domains, and it will be possible to purchase them only after a grace period which varies according to each type of domain.

Art.4. If a user wants to purchase a .ro domain, he must understand and agree to the conditions imposed by Ro TLD, and described on the website.

Art.5. When registering national domains and particularly the .ro ones, the client is obliged to provide valid contact data and information.

Art.6. The provider is not obliged to justify the decision to annul the registration of national domains, especially if the client does not meet the legal conditions for the registration of international domains corresponding to each state.

Art.7. The validity period for the .ro domains registered for a period of 10 years, is actually undetermined. The validity period is independently depending on us. This depends on the RoTLD terms and conditions, and, possibly starting in July 2017, it will be necessary to pay to RoTLD an annual maintenance fee, which will be determined later.

Art.8. For the .ro domains purchased for a period of 10 years, the domain’s holder data will be similar to the client’s data.

Art.9. In case of failure to pay in due time the extension of international domains, they will be suspended according to the registrar within maximum 30 days as of the expiration date. After this time, the domain will be quarantined. During this period the client may request the extension of the domain by paying an additional fee of $80-120, depending on the extension. The quarantine period lasts up to 6 weeks, after which the domain can be purchased by anyone.

Art.10. The provider does not assume responsibility for the registration and/or extension of the validity of the requested domains after the expiry of the due date.

IX. Web services

Art.1. Websites are created in accordance with the client’s requirements only after the client requests our offer, and after agreeing upon the best solution for the client’s business or activity.

Art.2. The prices of the web services vary according to the client’s requirements, the time allocated to the project and the price of the other resources necessary to complete the project.

Art.3. We reserve the right to refuse projects that are not beneficial to our company.

Art.4. We reserve the right to maintain the confidentiality of our clients, and therefore any request of the type "Portfolio" will be refused.

Art.5. The creation of the website will start after establishing all the details with the client and after the payment of an advance amounting to 30% of the final cost of the project.

Art.6. If the client changes his mind with regard to some requirements, any additional requirement, as compared to the original agreement, will be fulfilled for the price of 12 Euros per hour (in this case, you will receive a spreadsheet with the additional work done). The prices in Euros will be issued in RON for Romania, at the exchange rate on the date of the invoice.

Art.7. The period of time necessary for delivering the product will be established depending on the complexity of the order, by common consent with the client.

X. Terms of payment and guarantees

Art.1. Enkosoft Company operates its payment with the MobilPay payment service.

Art.2. The prices presented do not include VAT; the provider is not registered for VAT. The prices displayed on the website represent the final price the customer has to pay.

Art.3. The order will be invoiced on the day the customer requested it and the payment was confirmed by the payment processor.

Art.4. The invoice will be sent to the e-mail address the client used to place the order.

Art.5. The payment for hosting services and for the domains is due in advance.

Art.6. The payment for the hosting services and for the domains is recurrent, and this option can be cancelled at any time at the risk of suspension of services in case of failure to pay.

Art.7. When a service is not extended by the client in a timely manner, Enkosoft Company will issue a proforma invoice 5 days before the expiry of the services, even for the clients who have opted for the recurrent payment, in order to be informed in advance with regard to this payment.

Art.8. In the case of national ccTLD domains (.ro, .es, .it, .eu, .gb, etc) the proforma invoice for the extension of the domain will be issued 40 days before its expiry, for reasons beyond our control.

Art.9. In the event of failure to pay within the deadline set forth in Chapter X, Art. 8. we do not assume responsibility for the loss of the domain.

Art.10. Proforma invoices will be sent to the e-mail address the client used to place the first order, and they must be paid by the client within 5 days as of the date of the issuance of the proforma invoice. Once the payment has been made, the fiscal invoice will be delivered to the client via e-mail.

Art.11. We reserve the right to suspend any account after the expiry of the five-day period during which the payment has not been made in full.

Art.12. We reserve the right to make any decision on the extension of the payment deadline.

Art.13. After the payment has been done, the client will receive via e-mail the access data for the domains/hosting products, within 48 hours.

Art.14. If the payment deadline is exceeded by 10 days, the provider reserves the right to delete from its servers all the user’s information and data, related to the service for which the payment was not made. If the user has purchased other services which he paid for, these services will not be affected.

The prices are displayed in Ron, Euro or USD, depending on the client’s location.

Art.16. For Romanian clients, payments are made exclusively in RON.

Art.17. The provider may modify the charges for its services and the users will be notified via e-mail and on the website. If the user continues to use the services, after a period of 30 days as of the notification on the new tariffs, this will represent the user's consent and will result in the modification of the contract according to the new rates.

Art.18. According to the E.U. legislation, in his quality of Enkosoft Company SRL’s client, the user benefits from a 30-day warranty as of the date when the service was purchased. He may request the full refund in written, via e-mail or via the contact form.

Art.19. The services which do not benefit from the warranty presented in Chapter X, Art. 18, are: domain name registration fees, optional services fees, contracts’ extension fees, fees for the services performed according to Chapter IX.

Art.20. To refund the money we will use the same method the client used it to make the payment.

Art.21. For custom web services, according to the packages, we will require a payment of 30% of the project value upon establishing the details and before starting the work for the client, 20% of the project value upon the presentation of the website’s preview (the date being set by agreement with the client), and the remaining value of 50% upon project delivery.

Art.22. For the custom web services, the customer has a 30-day warranty as of the delivery of the project.

Art.23. For the custom web services, the customer benefits from free support for 30 days after the delivery of the project (between the hours 12:00 - 18:00, Monday to Friday, GMT+3 ). Custom web services projects with a value higher than 2000 Ron( equivalent 500 Euros/ 500 USD) also benefit from a User Guide for the Site/Platform, in PDF or PowerPoint format.

XI. The client’s responsibilities

Art.1. The user has the obligation to update all contact information in the control panel when necessary, and send them to the provider in due time.

Art.2. The client is obliged to update all scripts used to their latest version.

Art.3. The client is obliged to ensure the security conditions for the username, the passwords and other information.

Art.4. The client is obliged to ensure the backup of its information.

Art.5. The client is obliged to pay the total amount of each proforma invoice, in case he continues to use the invoiced service.

XII. Contract termination

Art.1. The contract may be terminated upon the user’s request which will be sent via e-mail to the provider's address from the contact page.

Art.2. In case of violation of the law or of the articles provided in Chapter IV, with no prior notice.

Art.3. By reaching the services’ validity deadline, if the user does not want to extend his service.

XIII. Final provisions

Art.1. This contract may be modified with no prior notice.

Art.2. We reserve the right to delete any accounts which violate the provisions of Chapter IV, with no prior notice.

Art.3. This document defines the framework for the provision of the services of Enkosoft Company to its clients, and has the value of a contract.

Art.4. We reserve the right to decide upon what represents or not a violation of the terms and conditions provided above.

Art.5. By opening an account and purchasing services, the client assumes those provided in this document.