AWeb Design SRL based in Bucharest Str. George Ranetti, nr. 15, Et. 5, Ap. 54, Sector 6, Bucharest, registered with the Trade Register Office near the Bucharest Court under no. RO36215876 and having the Unique Registration Code J40 / 8428/2016 is the company that watches and manages the page of the website www.awebdesign.ro,
Art. 1 – Definitions
“Parties” – Supplier – AWeb Design SRL that promotes and distributes web design services, custom software, software modules and Dropshipping InterLink service under a License
– Beneficiary – The customer and the user of the service / services being any legal or natural person who purchases the product based on the order form
“Contract” – the present agreement of the parties, which can be concluded exclusively in Romanian. by confirming the order by the Seller
Contract Documents
The order will be composed of the following documents, in order of importance:
a. The order launched through the order form according to the software / services package
b.The Beneficiary’s specifications (where applicable)
c. Terms and conditions
If the Seller confirms the order, this will imply full acceptance of the terms and conditions.
“Acceptance of the offer” – completion by the Beneficiary of the process of completing the order form on the site
“Order form” – an electronic document that intervenes as a form of communication between the Supplier and the Beneficiary, by which, at the request of the Beneficiary, the Supplier agrees to deliver the product and to provide the related Services requested, based on a License issued by the Supplier, and The beneficiary agrees to receive these Services and to pay them, if he has opted for a package of services. The order is considered completed and will take effect from the moment the acceptance of the offer that includes the effective payment of the price of the chosen tariff services has reached Aweb Design.
“Hosting” – represents a service that allows natural or legal persons to store electronic data intended for public access or not and to maintain their own domains or sub-domains or sub-domains like subdomeniu.domeniu.ro, by providing Aweb Design with the necessary space on the servers own or of other third party companies; is an optional service available at the request of the Beneficiary.
The “license” gives the Beneficiary the legal right to install, use, access, display, execute or interact with a particular software program and covers issues such as downgrade rights. For each purchase there is only one license number that is associated with the invoice on the basis of which the related product and service was purchased, based on the license being allowed to update the Beneficiaries to the purchased software.
“Notification” – written notice transmitted by electronic mail or displayed on any other electronic medium regarding any planned interruption that will affect the availability of the service. Aweb Design will make reasonable efforts to send such notice to the Beneficiary within at least 1 business day.
“Soft” – software platform, php script, online store based on the open source software called OpenCart, modules / extensions and a series of functional options for installing and creating online stores, all based on a license issued by Aweb Design
“Service Package” – the cost structure representing the payment related to a selected service package, including a certain set of functional options chosen, as found on the website page https://www.awebdesign.ro and which can be updated without notification. prior. Any change in the contract price will be communicated separately and individually to the Beneficiary, if applicable.
“Support” – the technical support center of Aweb Design, available from Monday to Friday, between 10.00 – 18.00 (except holidays), through the contact form located at https://www.awebdesign.ro/en/contact-us. The installation of the software is free and assurance is provided by providing technical support. This technical support is available free of charge for a limited period of time (1 month), afterwards you can opt for this service for a fee through packages with limited periods or hourly rates.
“Update” system for implementing new components / options / functionalities of a program, new filtering rules, etc. the service is available free of charge for a limited period of time (1 month) and will be charged later based on a notification that will be the subject of an additional act or new contract
“Normal use” – the use of the services, according to the packages of services chosen, exclusively for the purpose for which they were provided by the Supplier, within the limits of the capabilities and options available within the system, in accordance with the Terms and conditions of use and subject to the provisions of this Contract.
“Terms and conditions of use” – rules of conduct and use of services by the Beneficiary, available in the regularly updated version on the website https://www.awebdesign.ro/en/terms-and-conditions and which can be updated, modified in any way, without prior notice.
Art. 2 – The object of the contract
2.1 The object of the contract is the provision by Aweb Design in the interest of the Beneficiary of the following services, according to the terms and conditions of this Contract:
a.to make available to the Beneficiary the software / extension / module and some series of functional options for its installation, based on a License issued by Aweb Design which is associated with the invoice number according to the service package selected by the Beneficiary, whose / whose specifications are indicated on the presentation page, available and valid at the date of filling the order form on the website https://www.awebdesign.ro
On the presentation page of Aweb Design there is a demo of the software that presents all the features and functions of the product according to the principle “seen, accepted and purchased”
b Aweb Design can sell optional modules / plugins at cost, on request, general and customized adapted to the clients’ requirements.
c. Hosting the online software on the Aweb Design servers or their partners for access by third parties is an optional service purchased at a cost that will be the subject of a separate contract.
2.2. Based on the license number issued by Aweb Design, the Beneficiary will have access to the software platform update under the conditions mentioned in this page.
Art. 3 – Duration of the contract
3.1 This Agreement enters into force from the moment the acceptance of the offer including the transmission of the order and the actual payment of the price of the software / tariff services chosen has reached Aweb Design.
3.2 This Agreement is concluded with the installation of the online software on the domain specified by the client or if the Beneficiary renounces the use of the Aweb Design services
Art. 4 – The value of the contract
4.1 The prices for the Software / Services are exclusively those provided in the annexes to the order accepted and used by the Beneficiary by placing the order. Payment is considered to be made when the correct amount of money, exempt / free from any bank charges, commissions or any other fees / withholdings, has been received in the Supplier’s account.
Art. 5 – Terms and methods of payment
5.1 Following the order sent for the purchase of a package of services / software, a proforma invoice will be issued which will be paid by:
– Payment with Payment Order in the Beneficiary’s IBAN account RO46INGB0000999906012822, opened at ING BANK
The beneficiary will receive access to the software / services corresponding to the purchased package within 48 hours from the moment the payment is confirmed.
Art. 6 – The Rights and Obligations of the Supplier
6.1 Aweb Design is obliged to:
a.so grant the Beneficiary access to the functional options for managing the purchased software, according to the software package / services ordered by the Beneficiary.
b.create all the technical conditions reasonably possible, reasonably usual and minimum necessary, without this being an obligation of full guarantee, for a good protection against fraud attempts.
c.Remissions any defects claimed, in writing, by the Beneficiary, in the shortest time, if the complaint is reported and registered with the Aweb Design support center. The formulation and registration of the complaint does not suspend the actual payment of the service performed by the Beneficiary under the contract. The defects are considered to be repaired, in the event of a complete or partial remedy, whenever the provision / continuity of the Service is ensured. Any complaints regarding the functioning of the Service will be sent through the contact form located at https://www.awebdesign.ro/en/contact-us Aweb Design undertakes to remedy the technical malfunctions that have appeared in its network, so as to ensure the provision / continuity of the Services, within a maximum of 14 working days from the date of their registration, as specified in this article.
d. ensures the confidentiality of the access passwords of the Beneficiary and to remedy the problems of a technical nature that impede the normal functioning of the service, which fall to the attributions of Aweb Design (technical problems of the system, inadequate aspects regarding availability).
e.sa make available to the Beneficiary the page of terms and conditions, the Order form and the acceptance of the order constituting Contract concluded between the parties.
6.2. In the case of the licenses rented, Aweb Design undertakes to give the Beneficiary, at his request, the right to purchase the license for the Aweb Design software at the list price per web domain displayed on the site.
6.3 Aweb Design does not have the right to modify the text or photo content added by the Beneficiary in the account or, without its consent, unless a request for modification including by blocking is submitted by the authorized institutions or bodies or is an obligation or a the alternative provided by law to avoid employing in any way the liability of the Supplier, as well as in the situation where a beneficiary fraud is found.
6.4 Aweb Design reserves the right to suspend the Beneficiary’s access to the Services, temporarily or permanently, if he has evidence regarding the Beneficiary’s breach of this Agreement and / or the Terms and conditions of use of the Services, available at https : //www.awebdesign.ro/termeni-si-conditii.
6.5 The use of the Services / Software is performed only by the Beneficiary on its own responsibility, and the access of the public to the information is also performed on the beneficiary’s own responsibility. The services are provided as such on behalf and on behalf of the Beneficiary, and Aweb Design does not offer any guarantees to the Beneficiary’s clients in any situation, and in the case of any claims from any third parties regarding the Beneficiary and the information posted by him. automatic birth of the obligation of integral guarantee, including related expenses and accessories generated by the advanced claims.
6.6 Aweb Design reserves the right to temporarily suspend or permanently discontinue any service offered or licensed if they are reported as not complying with the legal provisions, which may constitute but not be limited to – defamation, threatening, containing or referring to pornography, obscenity , which violates the intellectual property rights of another natural or legal person or who violates this Agreement regarding the Terms and Conditions of use of the Aweb Design website and the Services.
6.7 Aweb Design does not claim, arrogate or hold intellectual property rights related to the content used / posted by the Beneficiary within the Services. All materials and information are the property of the Beneficiary, who is solely responsible for their content.
6.8 In the case of importing products / content or using an API communication interface from any supplier, Aweb Design cannot be held responsible for its content or for the information presented as structure, products, categories, filters, images, or any other information. which is served directly by the provider using a Feed or API.
Art. 7 – Beneficiary’s Rights and Obligations
7.1 The beneficiary undertakes:
a.to comply with the terms and conditions of use of the service / software made available at https://www.awebdesign.ro/en/terms-and-conditions.
b.to not use the services / software contrary to the practices in the field, the self-regulations, or the legislation in force, or to use working methods that directly or indirectly affect or violate the rights and interests of third parties.
c. to normally and honestly use the Service / Software for lawful trading and lawful trading purposes. The beneficiary will not undertake and will not allow any action that would endanger the security of the network and the Aweb Design system or those belonging to third parties, or that would in any way contravene the normal use of the Services. In these cases, the responsibility for all and any damages requested by third parties belong exclusively to the Beneficiary.
d. to pay the value of the monthly services tariffs / packages.
e.sa assumes the responsibility regarding the safe keeping of the username, passwords and other confidential information.
f.sa does not use the Aweb Design system and / or the service provided under any form and in any circumstance for hosting, communicating, referring to or directing to any (any) of the following contents:
i.Nudity, pornography of any kind, any image or text with sexual or obscene content;
ii.Infringement of intellectual property rights and copyright and / or related rights in particular or of any other rights or interests of any third party;
iii. Threats, abuse, harassment, slanderous statements, etc .;
iv.Promotion of illegal activities such as: phishing, spoofing, proxy, hacking, sniffing, warez (mp3, avi, etc; making available music or movies), etc;
v. Any image or text intended to encourage xenophobia;
vi. will not post materials whose content in any way promotes illegal activities such as but not limited to unauthorized gambling;
vii.va classifies as “not recommended to persons under 18 years of age” the materials considered inadequate for viewing by minors;
viii.va will in all circumstances avoid using the identity of another real prison, identity theft being punished according to the existing laws in force;
ix.by uploading images and product descriptions for the use of the Services, it is agreed that they will be made public and provide access to them to all Internet Users.
o.sa does not use any automatic system that sends requests repeatedly to any of the Aweb Design servers and which could cause its failure or slow operation.
Art. 8 – Return of the value of the payments made
8.1 In any situation of restriction of the service for the breach by the Beneficiary of any contractual obligation, the Beneficiary is not entitled to claim compensation or to return the value of the contract, regardless of the consequences that the restriction could have from using the Services / SOFTWARE
8.2 The value of the purchased software cannot be returned. According to the legislation in force any digital product that is not delivered in a material format, cannot be returned. In connection with contracts for the provision of digital content online, EU rules regulate the right of withdrawal, as follows: “Member States do not grant the right of withdrawal in respect of contracts for the provision of digital content that is not delivered on a material medium.”
Therefore, the consumer will lose the right of withdrawal as soon as the performance of the contract has begun, with his agreement and after confirming the loss of this right (e.g. at the beginning of the period of continuous download or streaming of a video or audio file)
Art. 9 – Modification of the Terms and Conditions of use of the Services
9.1 The terms and conditions of use of the Services / Software, available at https://www.awebdesign.ro/en/terms-and-conditions, are an integral part of this Agreement. The Provider reserves the right to modify at any time the content of the Terms and Conditions of use of the Services, without prior notification of the Beneficiary or the persons using them. Users will have permanent access to the terms and conditions for using the Services / Software, in order to be able to consult them at any time. Any new functionalities, instruments, facilities or restrictions that are developed and applied for the improvement of the Services, are also the subject of this Agreement if they are not provided for and are not the subject of another contract concluded between the parties. The modifications regarding the tariffs, modalities and payment terms become effective within 7 working days from their publication. Any other changes to the Terms and conditions of use of the Services become effective immediately, once published at https://www.awebdesign.ro/termeni-si-conditii
9.2 The use of the Services (access, navigation of placing an online order, creation of an online store) constitutes a direct, full and unconditional agreement to comply with the Terms and Conditions of use and of this Contract, with all the effects and consequences arising from it.
Art. 10 – Access to Aweb Design Services
10.1 Aweb Design will grant you permission to use the software and the Services provided that the following Terms of Use are respected:
a.All Users with the status of Legal Entities, Authorized Individuals or Individuals can benefit from Aweb Design Services;
b.The domain on which the online software will be hosted will be purchased by the Beneficiary;
c.The license of the purchased software is valid for a single domain and belongs to the Beneficiary without the right of transmission with the attractiveness of sanctions according to the regulations in force;
d. It is forbidden to copy in whole or in part, the distribution of any part or section of the website, regardless of the storage environment on which the copy is made, as well as the copy for distribution or any other purpose;
e. It is forbidden any intervention that could cause the dysfunctionality of the website and the Services, even temporary, without the prior authorization obtained, in writing, from Aweb Design;
f.It is prohibited any alteration or modification of any part of the website, except those modifications or alterations, reasonable, made as a necessity of the proper use of the website and of the Services for the purpose for which they were created;
g.It is prohibited any action that negatively affects the correct, reasonable and permitted activities of the other beneficiaries or intimidates, harasses or verbally or aggressively harasses the other Beneficiary Users of the site
h.It is prohibited any action even by omission or activity by which it could facilitate or encourage actions that violate the Terms and conditions set out in this document or the legal provisions applicable for the legal performance of the specific activities;
i. Any action that may affect and interfere with the security elements of the site, with the elements that prevent or restrict the use or copying of a content or with elements that reinforce the limits of the use of the site or its content is prohibited;
j.Any breach of this Agreement will result in the suspension of access to the Aweb Design Services or the License The users are not entitled to claim compensation or to return the amounts of money paid even in advance, regardless of the consequences that the restriction from use of the Services.
10.2 Accessing and using the Services requires a license to use the software. By the present, the Beneficiary declares that it assumes full responsibility for all and any of the activities carried out by means of the license received after processing the order placed on the website.
10.3 The Aweb Design system may contain links, commercials or banners with links to other sites, which are not the property and are not under the control of Aweb Design. Aweb Design assumes no responsibility for the content, policy, practices or rules established by any other site and recommends to the Beneficiary to be aware of the terms and conditions of use for each of the sites visited after leaving the Aweb Design site.
Art. 11 – Cancellation or suspension of the purchased license or of the services offered
11.1 The beneficiaries can cancel their license at any time by a written request to Aweb Design. With the cancellation of the license, the software associated with it will no longer be able to benefit from all the options / functionalities of the purchased software and will lose access to the Updates Packages offered by Aweb Design. The canceled licenses will be automatically deleted, if they are not reactivated within a maximum of 1 month from the date of suspension. To reactivate the license it is necessary to express the acceptance in writing regarding this action.
11.2 Aweb Design may suspend or delete those licenses, on which there are suspicions regarding the conduct of fraudulent or illicit activities
11.3 The administrator of the site may suspend or delete those licenses whose users have completely or partially violated the provisions of this Agreement and the Terms and Conditions of use of the Aweb Design Services.
Art. 12 – Exclusion of guarantees
12.1 Aweb Design does not guarantee that:
1. The use of the Services will meet the requirements and expectations of the Beneficiary, considering that there is a demo of the software installed on the Aweb Design website that has the functionalities and specifications of the product;
2. The access and use of the Services will be carried out permanently in the best conditions, without interruptions, errors of operation and in complete safety;
12.2 The services will not be subject to any conditions, guarantees or any other terms (including any implicit terms regarding quality, satisfactory compatibility as described), except as expressly provided in this agreement.
12.3. Modules / Plugins / External themes created by companies other than Aweb Design will be able to be installed and will work without requiring source code changes. Aweb Design cannot test any external module / plugin / theme, therefore we cannot know how this will affect the functionality of your site / system. Any installation / use of an external module / plugin / theme is done at the beneficiary’s own responsibility. If an external module / plugin / theme creates problems, Aweb Design can help you solve the problems at a cost (25Euro / Working time) depending on the time available.
12.4 After installing the software and sending the documentation related to it, Aweb Design is not responsible for the online support of the software and is not responsible for the services and conditions offered by other suppliers. There is included in the “service package” as defined in art.1 the technical support, available for free (bonus) for a limited period of time (1 month) although the installation of the software is free offered by the seller.
12.5 In the case of importing products / content or using an API communication interface from any supplier, Aweb Design cannot be held responsible for its content or for the information presented as structure, products, categories, filters, images, or any other information. which is served directly by the provider using a Feed or API.
Art. 13 – Confidentiality of information
13.1 Each Party shall ensure the confidentiality of all information (including the terms and conditions of this contract) and documentation, including, but not limited to, information relating to commercial activity or trade or professional secrets, processes, know-how, etc. or methods used by the other party in carrying out the activity, obtained from the other party following or in connection with this contract. In order to protect the rights and interests of the other party to this contract, one party may disclose only those confidential information relating to the other party that are requested by its authorized personnel or those of the authorized companies for the purpose of performing this contract or to the authorities upon request and even by effect. laws.
13.2 Each of the parties agrees: that it will not use any confidential information regarding the other party for any purpose other than for the fulfillment of an obligation arising from this contract or for the exercise of rights born from this Contract; that it will not copy and disclose any confidential information to a third party without the written consent of the authorized representative of the other party. However, both parties are allowed to disclose information regarding the present contract to the authorized representatives of the associated companies, including those who offer them assistance regarding this contract, subject to assuming the corresponding confidentiality obligations.
13.3 The provisions of this chapter do not apply to confidential information in respect of which the addressee can prove, in favor of the party who made the disclosure, that:
a.the date of the disclosure were already known to the recipient (without having the obligation to keep confidentiality about them);
b. after the date of disclosure, the recipient is legally obtained acting in good faith from an independent third party who is not subject to any obligation to keep confidentiality on the respective confidential information;
c.the moment of the disclosure were wholly or had been made known to the public by other methods than by the negligence of the recipient or in violation of the restrictions provided in the contract or in its annexes;
d.were independently seized by or on behalf of the recipient without having access to any of the confidential information;
e.requiring them to be disclosed by law, by actions in court, by governmental bodies or institutions or by other regulatory authorities;
f.is given a written consent for the disclosure.
g.PERSONAL DATA PROTECTION
To the extent that the Supplier processes personal data, it acts only as the authorized person of the Beneficiary. In this regard, the Supplier will only act on the instructions and according to the instructions of the Beneficiary.
The Beneficiary will answer and compensate the Supplier in full for all the expenses, damages and damages, caused to the Supplier of any action or claim resulting from the processing of the personal data by the Supplier according to the instructions of the Beneficiary.
h. The order form page may contain cookies intended for the web advertising / promotion service of the Aweb Design site. Cookies do not contain personal data of users. For more details on our cookie policy visit: https://www.awebdesign.ro/en/cookie-usage-policy
Art. 14 – Limitation of liability
14.1 The beneficiary agrees that the information, software and services regulated by this contract are provided “as they are”, without any guarantee whatsoever, in accordance with EU norms and Romanian legislation.
14.2 Subject to the provisions of clause 16.3, neither party shall be liable, under any circumstances, for special, accidental, collateral, indirect or punitive damages, loss of income or profits, loss of profits, loss of business, loss of goodwill, loss transactions, loss of data, loss of use of property, costs of performing obligations by replacing persons, equipment or services and costs of downtime, regardless of how these situations occurred, and whether they are due to fault (including negligence), by breach of contractual obligations or for any other reason, and whether or not they could be reasonably provided for on the date of contracting.
14.3 Nothing in Article 16 shall exclude or limit the Beneficiary’s liability in respect of:
a. fulfilling its obligations to pay the service in the terms and conditions provided in this contract;
b.degradation, impairment in any way of the Aweb Design system, according to the specifications of this contract;
c. breach of the confidentiality obligations and of the express guarantees indicated;
d. failure to observe the obligations regarding the correct use of the service.
14.4 No provision in this contract excludes or limits the liability of either party: for fraud; or in connection with the compensation relating to the intellectual property rights provided for in Chapter 17 below.
14.5 The Beneficiary will indemnify and exempt from any liability Aweb Design for any actions, losses, costs, damages, penalties, expenses, taxes (including court fees incurred and / or paid to which Aweb Design is obliged), legal actions, claims or requests that have any connection to this Agreement brought against Aweb Design or to which Aweb Design is threatened by a third party and which results from the use by the Beneficiary of the Services / Software, or from any intentional or negligent action or omission by the Beneficiary. The Beneficiary will also grant Aweb Design, at the sole expense of the Beneficiary, full power of attorney, information and assistance reasonably necessary to defend, resolve or resolve such claims.
14.6 Aweb Design or its collaborators do not under any circumstances assume responsibility for financial or commercial losses, and for any indirect or consequential loss that the User may suffer. These include any loss of profit (whether directly or indirectly suffered), any loss of equity or reputation of the company, or any loss of data suffered.
14.7 Aweb Design is not responsible for the loss or deletion of information arising from the direct or indirect actions performed by Users on the data. If the information, according to their nature, can be recovered, the recovery operation rests solely with the Users. Aweb Design does not guarantee the possibility of recovery for all the lost information and does not guarantee the integrity of the data obtained from the recovery operation.
14.8 Aweb Design or its collaborators will not be liable for any loss or damage suffered by Users as a result of:
a.The possible changes that Aweb Design could make to the Services or the software by offering packages of update, as a result of the temporary or definitive interruptions made by Aweb Design in the provision of the Services or as a result of the automatic and definitive elimination from the system of the licenses suspended for inactivity and the information contained by them;
b. Losses, deletions, corruption or possible errors of storage of the content uploaded or transmitted by the User in the process of using the Services;
c.Failure by the Users of the obligation to communicate only correct and authentic information regarding identity, contact details and any kind of details about the products offered within the online store (product name, product price, product description, images etc.);
d.Failure by the Users of the obligation to ensure the security of the account and the access data.
Art. 15 – Availability of the service
15.1 Aweb Design will provide the Beneficiary with access to the services corresponding to the purchased package within 48 hours from the moment the payment is confirmed.
15.2. Aweb Design reserves the right to change the structure and interface of any page or sub-page of the Aweb Design website at any time and to temporarily or permanently discontinue, partially or totally the Services made available to the public through this website, and will honor all the contractual obligations in progress, until the expiration of the packages of counter-cost services already purchased.
Art. 16 – Assignment
16.1 Except as provided below, both Aweb Design and the Beneficiary have no right to assign, subcontract, sublicense or alienate or otherwise transfer any or all of its rights or obligations under this contract to any third parties, in general.
16.2 Either party may assign, novate or transfer in any manner permitted by applicable law any of its rights or obligations under this Agreement to one of the associated companies (or its successors or theirs, by merger or acquisition of all its assets or theirs) , without the prior written consent of the other party, only a mere notification is sufficient.
16.3 Aweb Design may subcontract any or all of its obligations under this Agreement to a third party, provided that Aweb Design ensures the fulfillment by its third party of its obligations assumed by the Beneficiary.
Art. 17 – Rights over intellectual property
17.1 Subject to the restrictions and terms set forth in the contract, Aweb Design grants the Beneficiary a non-exclusive, non-transferable license to use the software, equipment or other materials provided under or in connection with the Contract only and to the extent necessary for use of the Services provided on its basis.
17.2 All intellectual property rights for any software, patents, equipment or other materials, including documentation, provided to the Beneficiary under or in connection with the Contract, are and will only be owned by Aweb Design or its suppliers.
Art. 18 – Termination of the contract
ends with the installation of the online software on the domain specified by the Beneficiary or if the Beneficiary renounces the use of Aweb Design services
18.1 The contract ends:
(i) with the installation of the online software on the domain specified by the client and the assurance of the technical support included for a limited period
(ii)) in case the Beneficiary renounces the use of Aweb Design services by definitively canceling the license or order placed before it is processed.
(iii) if either Party becomes incapable of payment and / or proceedings are initiated for the filing of the bankruptcy, its dissolution and / or liquidation.
18.2 Aweb Design reserves the right to terminate the Contract for the non-performance or improper execution by the Beneficiary of any obligation assumed by this contract. The contract is considered terminated by law by a notification, without the fulfillment of other prior formalities, the termination intervening with immediate effect from the date of the communication and without the intervention of the court. These provisions apply in case the update and technical support assistance is an integral part of this contract by the conclusion of an additional act.
Art. 19 – Notifications / Communications
19.1 Any communication to be made in relation to the matters regulated by this Agreement will be sent using the identification data contained in this Agreement or in case of modifications, the updated data from the Beneficiary’s account.
19.2 The beneficiary accepts and agrees to receive communications or other technical, commercial or informative messages by Aweb Design, by express mail or electronic mail, if there is an express agreement in this regard.
19.3 All notifications and correspondence shall be made in writing and transmitted by post, electronic mail or fax. Such notifications will be considered received if:
a.they are given personally and the recipient accepts them by signature;
b. as soon as they have been distributed to the address given, and the sender receives the acknowledgment of receipt, in case of sending by registered letter with acknowledgment of receipt; or
c.the date and time registered by fax in case of faxing. – e-mail, date and time when the email was received.
Art. 20 – Special provisions
20.1 The signing of this contract does not imply the establishment of an exclusive commercial relationship between Aweb Design and the Beneficiary.
20.2 The Beneficiary accepts and agrees not to be granted any right of use of any element in the installations, operating facilities or other infrastructure used or made available by Aweb Design for the provision of Services, other than the right to use the Services , as described in the Contract. The beneficiary will not receive any rights or title in respect of the network or any part of the network, facilities or equipment owned or used by Aweb Design to provide the Services.
Art. 21 – Penalties
21.1 Any delay of payment, which exceeds the agreed payment term by more than 14 days, obliges the Beneficiary to pay a penalty fee of 0.10% per day of its value, if there are services that are the subject of an additional act to this contract.
Article 22 – Force majeure
22.1 The force majeure exonerates of liability the party that invokes it, in accordance with the law, with the requirement of notification of the contractual partner.
22.2 Any event independent of the will of the parties, unpredictable and insurmountable, arising after the conclusion of the contract and which prevents the parties from executing totally or partially the contractual obligations, will be considered a case of force majeure.
22.3 The party invoking the force majeure has the obligation to notify the other party, in writing, within a maximum of 5 (five) days from the occurrence, and the proof of the force majeure, together with the warning about the possible effects and extent of the force majeure, will be communicated within 15 (fifteen) days from the occurrence. The reference date is the date of the stamp of the consignment post. The party invoking the force majeure has the obligation to notify the other party of the termination of the case within a maximum of 5 (five) days after the termination. If these circumstances and their consequences last for more than 3 months, each contracting partner may renounce the execution of the contract further. In this case, neither party has the right to claim compensation from the other party, but they have the duty to honor all their obligations by this date.
Art. 23 – Final provisions
23.1 The present contract may be supplemented, interpreted or modified only by an additional act accepted by the legal representatives of both parties.
23.2 Any waiver of any right or remedy under this Agreement shall be made in writing. Unless expressly stated otherwise, any waiver will be effective only in the case and purpose for which it is given.
23.3 Each of the provisions of this contract is independent as a right or remedy under this Agreement must be made in writing. Unless expressly stated otherwise, any waiver will be effective only in the case and purpose for which it is given.
23.3 Each of the provisions of this contract is indented, consequently, if any such provision is or becomes invalid or cannot be enforced in any respect in accordance with the law, it will not affect the validity or enforcement of the other provisions of the contract, and the parties shall make all reasonable efforts to negotiate in good faith in order to replace it with one or more provisions satisfactory to any competent authority in the matter.
23.4 Any person who accepts this contract on behalf of one of the parties, declares and guarantees that it has been fully empowered and that all necessary measures have been taken to express a valid consent on behalf of the party it represents.
23.5 Any dispute arising out of or in connection with this contract, including regarding the conclusion, execution or termination thereof, will be resolved by the competent courts.
23.6 The decision of the courts shall be final, binding and enforceable.
23.7. On February 15, 2016, the European Commission implemented the online SOL (Online Dispute Resolution) platform, through which either party can resolve disputes arising from the online transactions link to SOL.