I. General conditions. Definitions
1. OPTI is S.C. OPTI SYSTEMS SRL, romanian legal entity, with a unique registration code RO 18231679 which provides IT services, hereinafter referred to as OPTI Services. OPTI services with a monthly price are called monthly services such as, but not limited to: web hosting, remote server administration, web statistics.
2. Customer is a natural or legal person, romanian or international, who orders and uses OPTI services.
3. The user is the visitor of any page of www.opti.ro who understands that using the site does not benefit from any guarantee from OPTI and undertakes not to carry out during its visit any Abuse, defined according to this document, art. 18-21. In the case of damages to third parties, the provisions of art. 28-29 apply in full to the user, as well as art. 30, all other articles in which it is not explicitly mentioned not being applicable.
4. For customers, Terms and Conditions are supplemented with descriptions of each ordered OPTI service, descriptions of the payment method chosen by the customer, and OPTI mail policy , in the versions available for viewing by the Customer at the time of the order. The terms and conditions, together with the supplementary documents, are valid as Contract between OPTI and the Client once the box is ticked “ I agree with the Contractual Terms and Conditions ” within the site www.opti.ro , to be respected by both parties and to produce effects from that moment .
5. OPTI undertakes to maintain the proper functioning of OPTI services, exactly as presented on www.opti.ro on the date of their order to the Client and implicitly of the Contract. If the order was placed by e-mail, OPTI maintains the proper functioning of OPTI's services in the form presented in its e-mails to the Customer.
6. Good functioning means the operation at constant parameters over time of OPTI services, for the entire period paid in advance and respecting all the facilities presented as included in OPTI services. Abbreviations or concise expressions such as, but not limited to “ unlimited traffic ”, “ anti-virus and anti-spam filter ”, “ FTP access ”, “ instant activation of changes ” is taken in the sense of the maximum reasonable availability from OPTI, guaranteeing a similar good operation for all its customers.
7. The customer is entitled to request the return by OPTI of the cost of one month of any monthly service paid in advance, in the event of a global failure of the service for 24 consecutive hours - in the case of in which the non-functioning is attributable to third parties, or in the event of a non-functioning of the respective service for 12 consecutive hours - in the event that the non-functioning is attributable to OPTI, maximum once within one calendar month.
8. Apart from the return specified in art. 7, no damage or injury suffered by the customer and caused by the wrong configuration, non-functioning of OPTI services, cases of force majeure cannot be compensated or repaired by OPTI. In the case of other reasons invoked by the Customer, the compensation or repairs may not exceed the nominal amount paid by the Customer for the OPTI services purchased. Neither the client nor OPTI will claim compensation or take any legal action against employees, associates or staff of any kind of the other party.
9. OPTI is obliged to provide assistance and support by e-mail and, in case of emergency, by telephone, to all its clients in the implementation and use of the ordered services.
10. In the case of OPTI services other than the monthly ones, OPTI's obligations towards the customer cease with the delivery of the products, unless other obligations are explicitly specified by guarantee certificates / additional documents.
11. In the case of the purchase by OPTI of domain names, other than the .ro ones, OPTI is the client's delegate for the operation of any technical changes on them. OPTI is obliged to respond to the client's requests regarding them within a maximum of 12 hours from receiving an electronic message at one of the support addresses presented at www.opti.ro . The customer is obliged to comply with all regulations specific to the registration of the respective domain names.
12. The domain, subdomains and all pages of opti.ro are provided " as is " , without any obligation on the part of OPTI to the customer or user. OPTI may change them as desired, in compliance with the proper functioning of the OPTI services paid for by the client.
III. Confidentiality. User account
13. OPTI is obliged to maintain the confidentiality of any data and information provided by the Customer or user, entered or received by him on the OPTI sites or on the basis of OPTI services, except for the statistics on the use of OPTI services.
14. All information and communications between OPTI and the Customer or user, by e-mail, fax, telephone or in a meeting, are confidential. Disclosure by the customer of the information of commercial value transmitted is considered Abuse.
15. The responsibility for activating and being able to use the products ordered and paid for by the Customer rests entirely with OPTI. In the case of card payment, the payment processor is responsible for the transactions.
16. The customer receives an OPTI Control Panel computer account for the administration of some OPTI Services. The Client is obliged to use the computer account only within the contractual limits, this being an OPTI service offered free of charge and not to alienate it.
17. The customer's OPTI Control Panel account can be deleted (ceased) by OPTI after the suspension for non-payment of monthly services or in case of abuse according to art. 26.
18. The following uses of OPTI services are prohibited. They are considered Abuses, attracting both the responsibility towards third parties, but also the responsibility towards OPTI for the recovery of damages caused to OPTI's image or commercial contracts concluded by OPTI with third parties:
- Spam – sending unsolicited emails using OPTI services, according to the OPTI Mail Policy ;
- False Data – registration under false data or attempting to falsify identity by using OPTI services;
- Pornography – repeatedly displaying, publishing, or sending obscene text, images, or movies using the OPTI Services;
- Copyrighted material – displaying, possessing or sending files of any kind through the use of OPTI services, in violation of copyright law, as well as taking over original brands or specifications from OPTI Services, without the consent of the owners;
- Sabotage – the design, publication or implementation through the use of OPTI services of programs / information likely to consume the resources of servers, any computers, to generate the hindrance of IT activities or any negative mass effect. It is forbidden to run server programs and connections to IRC servers;
- Illegal Intentions – display, possession or repeated sending of information, advice, help guides by using OPTI services for committing deeds sanctioned by Romanian law
- Illegal Activities – displaying, possessing or sending, by using the OPTI services of any content that, in interaction with a bona fide third party, would result in a violation of Romanian law;
19. In any abuse cases considered minor, OPTI will send a warning by e-mail, following which the customer will remove the Abuse within 3 working days, otherwise the services will be partially or totally suspended.
20. In cases considered serious abuse, OPTI will partially or totally suspend the services, following to investigate the damages caused and to act according to the gravity.
21. OPTI reserves the right to verify through its staff the compliance of the Contract by the client, and may request copies of the proving documents that he undertakes to make available to him within a maximum of 5 working days.
V. Termination, interruption, suspension of OPTI services
22. The customer is not entitled to terminate the Contract unilaterally in the following situations: for services paid in advance and in case of abuse committed by the customer in the use of OPTI services.
23. OPTI has the right to unilaterally terminate the contract, after sending a notice by e-mail at least 30 days in advance, and will return the money paid in advance by the Customer for the use of monthly services The equivalent of postage and financial fees paid by OPTI to third parties will not be refunded.
24. Monthly virtual hosting services and e-mail can be tested free of charge by the Client with the agreement of OPTI, before the actual provision of the services.
25. Suspension is the measure to terminate the accessibility of OPTI services, taken by OPTI in case of non-payment at the monthly payment deadline or in case of Abuse. Once the problem is remedied (payment of the amount due or correction of the abuse), the operation of the services will resume.
26. In abuse cases not corrected, OPTI will order the termination of the Contract and termination of the OPTI Services paid by the Client, at least 10 working days after their suspension and after a notification by e-mail. Termination may also occur for Monthly Services with use interrupted but not resumed for 12 months.
27. In the event of a motivated suspension or termination of services, OPTI cannot be held responsible for the return of any advance, payment of compensation or recovery by the Customer of any computer material.
VI. Legal liability to third parties
28. In the event of any damage caused to third parties by information in providing or making available the activity of any kind of customer or user and the infrastructure of OPTI services, the legal responsibility lies entirely with the customer or user.
29. OPTI respects the intellectual property of its customers and any third party and will use only legal methods in providing its IT services. If the customer or user considers that certain portions of OPTI's services infringe intellectual property, OPTI undertakes to respond within 5 working days to any detailed notification received by e-mail.
VII. Collection of personal data
30. SC OPTI Systems SRL is an operator registered at Registrul de Evidenta a Prelucrarilor de Date cu Caracter Personal with number 9691
31. OPTI may collect personal data from you (by which you can be identified) but only with your consent in the forms in which you confirm your agreement to these Terms and Conditions.
32. We use personal data collected for the following purposes:
- To ensure that the OPTI website meets your needs.
- To deliver our services online such as but not limited to web hosting, purchase domain names and so on.
- To ensure access to restricted sections of the site, such as but not limited to the OPTI Control Panel.
- To maintain an online relationship with our customers similar to a traditional business relationship.
34. OPTI may disclose personal data to third parties if required by law or in cases of good faith where such actions are necessary to: (a) comply with the law; (b) the protection and defense of the OPTI rights declared or implied in these Terms and Conditions
35. When OPTI is legally required to provide personal data, only those data necessary to fulfill the purpose of the request will be disclosed.
36. OPTI does not sell, distribute, exchange or rent personal data to third parties.
37. The person who sent personal data to OPTI has the following rights, according to Law no. 677/2001:
- a) The right to information (art. 12)
- b) The right to access data (art. 13) - the right to obtain, upon request and free of charge, for one request per year, the confirmation that the data concerning it are or are not processed by OPTI.
- c) The right to intervene (art. 14) - the right to request from the data controller, through a written request and free of charge, the following:
- i) rectification, updating, blocking or deletion of incomplete, inaccurate data or illegal processing;
- ii) transformation of illegal personal data into anonymous data;
- iii) notification to third parties regarding the operations provided in let. i) and ii).
- d) The right to oppose (art. 15) - the right to oppose, free of charge and by a written request, for well-founded and legitimate reasons related to his particular situation, that the data concerning him be the object of a data processing.
- e) The right to go to court (art. 18) - the right to go to court to defend the rights guaranteed by law and which have been violated.
- f) The right to file a complaint to the supervisory authority (art. 25).
VIII. Final provisions
38. In the event of a conflict between two or more specifications in different documents of the Contract, or two or more articles of this document, their interpretation will be chosen in complementarity, when it is possible. Otherwise, the articles contained in these Terms and Conditions prevail. The invalidity of one specification in the Contract between OPTI and the Customer does not affect the validity of any other.
39. OPTI may unilaterally amend these Terms and Conditions and the supplementary documents under the Contract without notice.For old customers, the new specifications become applicable starting with the 30th day after their publication on the website www.opti.ro. The client undertakes to check the occurrence of such changes every two months. Extending the use of & nbsp; OPTI services and the addition of new services are covered by the Terms and Conditions and additional documents from that date.
40. OPTI and Customer , as parties to the contract, will amicably resolve any disputes that have arisen, where possible. Otherwise, the jurisdiction belongs to the courts of the OPTI headquarters.