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Terms And Conditions

Updated: January 14, 2023

  1. Definitions

    1. PROVIDER - the company SC XSTUDIOS CREATIVE SOLUTIONS SRL with headquarters in Bucharest, Strada Valea Ialomiței 1A, 061961, CUI 28302360 and No. Reg. Com. J40/4145/2011, also represented by the name "Hosting-Shop" in this document
    2. BENEFICIARY - also called CLIENT, represents any natural or legal person who initiates an ORDER through the WEBSITE
    3. WEBSITE - the internet addresses used by the PROVIDER to provide web services, addresses named as follows: https://www.hosting-shop.ro , https://my.hosting-shop.ro , https://www.hostingshop.ro , https://www.hosting-shop.eu/ as well as all subdomains attached to the parent domains of https://www.hostingshop.ro , https://www.hosting-shop.ro and https://www.hosting-shop.eu/
    4. ORDER - request addressed to Hosting-Shop by the BENEFICIARY, request requesting services through the WEBSITE

    More details about SC Xstudios Creative Solutions SRL can be found on the Contact page at https://my.hosting-shop.ro/contact.php

    The Hosting-Shop service area includes: domain name registration, website hosting, email services, dedicated and colocated server packages as well as administration services, the details and updated list of these services can be found on https://my.hosting-shop.ro

  2. Introduction

    1. This document defines the framework within which Hosting-Shop agrees to provide products and services to the BENEFICIARY. This document represents an agreement between Hosting-Shop and the CLIENT, so that the use of Hosting-Shop services implies acceptance and compliance with these Terms and Conditions.
    2. Hosting-Shop reserves the right to modify this document, however, this does not constitute a valid reason for the termination of the collaboration relations by the client nor for refusing to pay for Hosting-Shop services.
  3. Contracting method

    1. If you wish to benefit from any of the hosting services offered by Hosting-Shop, you must first accept the specific terms and conditions of their provision. The acceptance method will be carried out online, through the consent granted by the client regarding the application of these clauses. According to ORDINANCE no. 130 of August 31, 2000 on the legal regime of distance contracts: "The consumer has the right to notify the trader in writing that he/she withdraws from the purchase, without penalties and without invoking a reason, within 10 working days from receipt of the product or, in the case of services, from the conclusion of the contract".
    2. Any order will be made online on the WEBSITE . The customer undertakes to enter complete, correct and true data in the form. Hosting-Shop cannot be held liable in any way for any inconvenience caused by the provision of incorrect or incomplete information by customers.
    3. After completing the order, a proforma invoice is automatically sent to the email address entered in the form. The proforma invoice contains all the information necessary to make the payment. The proforma invoice has no accounting value.
  4. Application

    1. These provisions apply to all Hosting-Shop Users, meaning both visitors and customers of any of the Packages or Services offered by Hosting-Shop. The purpose of these terms and conditions is to ensure that Hosting-Shop Users use the services taking into account the rights and interests of all participants in the information market and in accordance with the rules of the Hosting-Shop network.
  5. Payment and invoicing terms

    1. The customer agrees to pay the value of the services provided by Hosting-Shop in advance for the period of time in which they are provided.
    2. All proforma invoices will be sent via email and a printable version will be made available to the client in the control panel. The CLIENT must pay the invoice amount in advance at the beginning of each payment period, within 5 business days from the date of issuance of the proforma invoice.
    3. After payment is made, the tax invoice is issued. Tax invoices will be downloaded electronically via the link provided to the CLIENT.
    4. It is the CUSTOMER's responsibility to ensure that they have sufficient funds in their account before making a payment for Hosting-Shop services. Hosting-Shop cannot be held liable for damages suffered by customers due to the lack of sufficient funds in their account to make payments to Hosting-Shop.
  6. Rights and obligations of the parties

    1. BENEFICIARY - the following obligations that must be fulfilled by him are listed:
      1. to pay the fee for the Services;
      2. to maintain and ensure the accuracy and legality of the Hosted Data and to use the Services only within the limits and conditions permitted by the regulations in force, by practices in the field, as well as by these terms and conditions;
      3. to apply optimal security solutions necessary to maintain the security and confidentiality of the hosted Data.
      4. obtain all authorizations and approvals related to the Hosted Data, including, but not limited to, approvals for the connection or interaction of the Hosted Data with various types of third-party applications, authorizations or formalities required by the legislation in force for the provision of certain online services or imposed on personal data controllers;
      5. not to take or allow any action to be taken that would jeopardize the security of the Network, the Services, the Internet network, as well as the Hosting-Shop equipment or third parties connected to the Network or Services;
      6. to install the backup agent, to monitor and periodically check the backup and to take all measures for its proper functioning, if the Backup Service has been contracted;
      7. not to disclose access data to other persons than those authorized;
      8. to notify Hosting-Shop of any change in contact details, assuming full responsibility for any damage caused by failure to provide them in a timely manner;
      9. to provide correct data and information at the time of contracting the Services, as well as during the duration of the contractual relationship;
      10. to defend and indemnify Hosting-Shop against any claim by any third party regarding damages related to the manner in which the Client or persons authorized by him/her use the Hosting-Shop Services;
      11. not to make unfounded statements to the effect that it is a partner, or in any way supported, recommended by Hosting-Shop;
      12. not to contact Hosting-Shop employees/collaborators, to make them collaboration offers that compete with Hosting-Shop offers, during the term of the Contract and for a period of 18 months after its termination for any reason.
      13. to comply with the Registration Rules of .ro domains and their Registration Agreement .
    2. BENEFICIARY - the following rights are listed:
      1. to request the provision of the Services, subject to compliance with these terms and conditions;
      2. to contact the Billing Department regarding any delay in issuing invoices or non-compliance with contractual provisions;
      3. to keep access data and information marked as confidential confidential;
      4. to contact the Support Department to resolve technical issues with the Services;
      5. to report any Unavailability of the Service to the Support Department;
      6. to request the discount applicable in case of Service Unavailability;
    3. PROVIDER - the following obligations that must be fulfilled by him are listed:
      1. to ensure the provision of the Services, subject to the CLIENT's compliance with the provisions corresponding to the full and timely payment of the Service Tariff;
      2. to ensure the proper functioning of the Network and the equipment it manages;
      3. to take measures to ensure the Availability of the Services;
      4. to provide technical support for the CLIENT, if requested;
      5. to respond to the Client's requests with maximum efficiency. Each ticket will be analyzed by specialized personnel;
      6. to provide assistance to the Client in resolving issues related to billing, payment terms, payment methods;
      7. to ensure the security of the Services in accordance with the standards and good practices applicable in the field of computer security, but not the security of the hosted Data, which is ensured by the Client;
      8. to respect the Client's ownership of the Hosted Data and to refrain from any action that would jeopardize the security and integrity of the Hosted Data;
      9. not to access the hosted Data, except in situations where intervention is necessary for the exclusive purpose of executing the Contract, at the request of the Client or in the cases and procedures provided for by the legislation in force. We list without limitation: its recovery, following a hardware failure or in the event that the Client benefits from the Backup Service or Administration Services, modification, completion or deletion of the Data at the request of the courts or in situations provided for by law.
    4. PROVIDER - the following rights are listed:
      1. to request payment of the Service Fee, penalties and any other fees provided for in this Agreement, for the contracted Services, including during periods of Service Suspension;
      2. to take any measure deemed necessary by Hosting-Shop in order to minimize the effects generated by the violation of these Terms and Conditions;
      3. to apply measures for the Suspension of the Service under the conditions provided in Chapter 6 below;
      4. may terminate or modify features of the Services. Hosting-Shop will notify the Customer if the changes are substantial, but Hosting-Shop will not be liable to the Customer for such changes or for failing to provide such notifications;
      5. be able to replace the provision of any Service with at least 15 days' prior notice to the Client, by offering a service equivalent or superior to the contracted one.
      6. to modify the Administration Interface at any time, without prior notice, as long as the modification does not negatively affect the functioning of the Service;
      7. to modify the Billing Period or to issue, at any time, an invoice for already accumulated consumption, if there are indications that a certain account was created fraudulently or if Hosting-Shop assesses that there is a risk that the invoice will not be paid when due;
      8. to increase the rates for the Services, after notifying the Customer at least 30 days before the date on which the change will take effect. The new rates will apply from the date of expiry of the 30-day period;
      9. to grant the Client discounts on the value of the Services, as well as on the amount of penalties;
      10. to process the hosted Data, exclusively for the purpose necessary to provide the contracted Services, in accordance with the Terms and Conditions and the legislation in force;
      11. to retain the hosted Data until the Client pays the Services Fee in full and any other fees imposed.
  7. Acceptable Use Policy

    This Service Acceptable Use Policy is an integral part of the contract concluded by Hosting-Shop with each individual customer.

    In addition to these provisions, a particular Service or Service Package may have its own Service Acceptable Use Policy, which will also be an integral part of the contract concluded by Hosting-Shop with each individual client, and which will be applied with priority.

    1. Server Resources
      1. Any customer who uses a large amount of Hosting-Shop's server resources (such as, but not limited to, CPU time, memory, Network resources) will be given the option to pay additional fees (which will depend on the resources requested), reduce the resources used to an acceptable level, or order another Hosting Package. Hosting-Shop will be the only one who will decide to what extent the level of resources used is high.
      2. Hosting-Shop may take measures to suspend the services provided, without prior notice, if the performance of the servers or the integrity of the Network is affected by the use of its services.
    2. Sending unsolicited commercial messages (Spamming)
      1. According to legal provisions, it is prohibited to make commercial communications via electronic mail, unless the recipient has previously expressed express consent to receive such communications.
      2. The subject of messages sent by electronic mail, which constitute commercial communications, must begin with the word "ADVERTISEMENT" written in capital letters.
      3. Commercial communications must include at least the following information regarding the person on whose behalf they are made:
        1. full name or designation;
        2. personal identification number or unique registration code, as appropriate;
        3. domicile or registered office;
        4. telephone and fax numbers;
        5. email address.
      4. Sending unsolicited commercial messages (spamming) using Hosting-Shop services is prohibited regardless of whether the servers are overloaded or the Hosting-Shop services are experiencing certain malfunctions. The term spamming includes, but is not limited to, maintaining an SMTP policy, engaging in sending unsolicited commercial messages using another service provider to promote a website or application that benefits from the hosting services offered by Hosting-Shop, as well as distributing or selling computer programs that facilitate spamming through a website hosted on Hosting-Shop servers.
    3. Prohibited Uses
      1. Hosting-Shop servers may only be used for lawful purposes. The transmission, storage or distribution of any information, data or materials that violates the legal provisions in force or that may directly facilitate the violation of any legal provision is prohibited.
      2. Hosting-Shop customers undertake not to use the services provided in any form and under any circumstances for communication of, reference to or direction to any of the following:
        1. materials or informational content that infringes copyrights, trademark rights or any other intellectual property right belonging to a third party;
        2. nudity, pornography, any image or text with sexual or obscene content, without compliance with the legal conditions in force;
        3. child pornography;
        4. threats, abuse, harassment, slanderous statements;
        5. any image or text intended to encourage xenophobia;
    4. The following activities are prohibited:
      1. using Hosting-Shop services to create or transmit computer viruses, worms, flooding, mail bombing or engaging in denial of service attacks;
      2. use of proxy or IRC scripts, or of the FormMail, PhpShell or similar types, including commercial scripts containing known security holes, Chat rooms; IRC Egg Drpos bots, torrent trackers, etc.;
      3. collecting personal information for use for illegal purposes;
      4. unauthorized access to data, systems or networks (phishing, spoofing, proxy, hacking, sniffing, etc.), including any attempt to probe, scan or test the vulnerability of the system or network or to create security breaches without the authorization of the owner of the network or system;
      5. any intervention on the service provided to a user, on a server or networks such as: mail bombing, flooding, deliberate actions to overcrowd the system;
      6. forging TCP-IP packets or any part of an email header;
    5. Any script that poses a potential security risk or may affect server performance or Network security will be automatically closed or removed, without prior notice.
    6. Under the provisions of the Electronic Commerce Law no. 365/2002, as amended, Hosting-Shop will act quickly to eliminate or block access to any activity or information that, by its nature, may harm the rights of a third party.
    7. Mass mailing
      1. Providing Clients with the space necessary to host their own applications gives each CLIENT the opportunity to benefit from the Email Service, with the specifications related to the specific clauses related to the Contract concluded with Hosting-Shop.
      2. We want to meet the requirements of all our customers by offering quality services, an objective that can be achieved including with your support. The way in which you use the services provided by Hosting-Shop is closely linked to the proper functioning of the Hosting-Shop Network and servers, being necessary to ensure an adequate environment for the provision of hosting facilities.
      3. The use of the Email Service must be in accordance with the principles of normal use transcribed within the specific clauses mentioned. A use that contravenes the norms in force, contractual provisions or international customs may create prejudice for all users of the Hosting-Shop Network.
      4. Sending too many emails in the newsletter system (exceeding the maximum allowed of 30 emails every 5 minutes, calculated per mailbox) creates numerous disadvantages for all Hosting-Shop customers, affecting the Network and the servers connected to it. Among the disadvantages created, we can exemplify:
        1. Congestion of the email server due to the very high flow of requests, in some cases leading to the server being blocked and requiring a restart;
        2. Blacklisting the IP of the email server in multiple spam lists, with repercussions on all clients hosting applications on the server in question;
        3. Very low ranking on email services such as Yahoo, Gmail, etc.;
        4. Long delay in sending emails;
        5. Delivery to Yahoo or other email servers may become impossible;
        6. Affecting all clients connected to the Network due to improper functioning of the servers.
      5. In order to prevent any harmful effects, Hosting-Shop reserves the right to limit at any time certain parameters of the email service offered to customers.
  8. Intellectual property

    1. Hosting-Shop is the sole owner of all materials and information available on the WEBSITE. Customers or visitors to the WEBSITE may not copy, reproduce, distribute, publicly communicate, retransmit any such material or parts thereof, in any form or by any means.
  9. Suspension

    1. Hosting-Shop will have the right to apply measures to Suspend Services, notifying the CLIENT in advance, in the following cases:
    2. failure by the CLIENT to fulfill its obligations, including failure to pay the Service Fee when due;
    3. at the request of institutions, courts, prosecutors' offices, competent national and international bodies. In this case, Hosting-Shop will take reasonable measures to notify the CUSTOMER, except in cases where notification of the Customer is prohibited;
    4. if the intentional or unintentional use of the Services, including their compromise by a third party, poses a security risk or causes harm to Hosting-Shop or third parties;
    5. if Hosting-Shop is informed that the CLIENT's use of the Services or Hosted Data is illegal or about facts or circumstances from which it can be concluded that the activity or Hosted Data could harm the rights of a third party.
    6. Suspension shall have no effect on the payment obligations between the parties. For the avoidance of doubt, during the Suspension, the CLIENT shall fulfill all obligations set forth in this Agreement, including the obligation to pay the Service fee. Suspension of the Service shall not give rise to the Client's assets the right to request the return of amounts paid in advance, regardless of the reason for which the Service Suspension was carried out.
  10. Changing the terms and conditions

    1. Hosting-Shop reserves the right to supplement, remove or modify any provisions of these Terms and Conditions, at any time and without prior notice.
  11. Contractual liability

    1. The Customer is fully responsible for the manner in which the Services subject to this Agreement are used, including the Hosted Data.
    2. Hosting-Shop is responsible for the intellectual property rights over the software components that form the basis of the contracted Services.
    3. Hosting-Shop is not liable for any damage caused by software/hardware products or services belonging to third parties. The use of any of these products or services is conditioned on the Customer's acceptance of specific licensing terms. The Customer is solely responsible for any damage or loss resulting from the Customer's violation of the licensing terms or from the Customer's improper use of any application or service provided by third parties.
    4. Hosting-Shop will be liable for breach of obligations arising from this Contract within the limit of the Package Tariff charged for the month prior to the breach of obligation.
    5. Hosting-Shop is not responsible for any damages caused by unauthorized use of information on the WEBSITE. Hosting-Shop reserves the right to make changes to the materials and content of my.hosting-shop.ro depending on changes that occur regarding the products and services sold.
    6. Hosting-Shop is not responsible for costs and/or material losses resulting from the use of information on the WEBSITE.
    7. Hosting-Shop is not responsible for any damage that may occur as a result of any malfunctions of the WEBSITE.
    8. Hosting-Shop does not assume responsibility for the veracity of information provided by third parties on the WEBSITE.
    9. Hosting-Shop reserves the right to modify the content and structure of the WEBSITE at any time.
  12. Termination of the contract

    1. This Agreement may terminate without the intervention of any court:
      1. on the date on which the parties mutually agree to terminate the Contract. The agreement of the parties may be proven by any means of evidence, including electronic correspondence.
      2. upon expiration of the Contractual Period under the conditions of notification of the intention to terminate the contract at least 30 days before the expiration of the contractual period;
      3. within 30 calendar days from the date on which a party requests unilateral termination by sending a prior notification;
      4. within 15 calendar days from the Suspension of the Service, by sending a written termination notice to the Client.
      5. within 30 calendar days from the date of the notice of delay, by sending a written notice of termination by the entitled party, if the other party does not perform or improperly performs its contractual obligations, other than those referred to in point 4 above;
      6. In the cases provided above, the Client is legally in default if the deadline set for the execution of the obligation not fulfilled by the Client has expired and the Client has not remedied it within the given deadline. The termination declaration is irrevocable from the date of communication of the termination notification, the termination of the Contract being effected on the same date.
      7. In the event of unilateral termination by the Client or termination by Hosting-Shop, the Client will be obliged to pay compensation equivalent to the total value of the applicable Service Fee for each Billing Period until the end of the corresponding Contractual Period, since for the provision of the Services subject to this Contract, Hosting-Shop directly incurs equipment and human resource costs, and the Contractual Period reflects these costs.
      8. The termination of the Contract will have no effect on the Customer's obligations already due or on the obligations to repair any damages caused as a result of the breach of the Contract, a breach that occurred prior to or on the date of termination for any reason of the Contract.
      9. The Client shall promptly pay all due and unpaid invoices, as well as any interest or late fees. Also, in the event that there are Services that have been provided but have not yet been invoiced by the date of termination of the Agreement, Hosting-Shop shall issue the related invoices with a due date on the date of their receipt by the Client.
      10. The Client shall retrieve and delete the Data hosted on the Hosting-Shop infrastructure prior to the termination date of the Agreement. Following the termination of the Agreement, the Client shall no longer have access to the Hosting-Shop Services or the Hosted Data, and such Data shall not be recoverable after the termination of the Agreement. The Client is solely responsible for the deletion of its Data. Hosting-Shop shall delete all Hosted Data from its infrastructure at any time after the termination date of the Agreement, but no later than 30 days from such date.
  13. Assignment

    1. Hosting-Shop reserves the right to assign or novate, in whole or in part, the rights and obligations resulting from this Agreement to affiliated parties or within the framework of a merger, acquisition, reorganization, transfer of activity to another company that provides the Services at similar or higher quality standards, without the prior written consent of the other party, with a notification sent by email or through the Administration Interface, at least 5 (five) days prior to the date on which the transfer will operate.