Terms and Conditions
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Service contract CHML Web Services SRL
(Terms and Conditions of Services - TCS)
Parties to the contract:
CHML Web Services SRL, with registered office in Bucharest, Sector 5, Calea Rahovei 266 – 268, Corp 2, Ground Floor, Room 11, registered with ORNC Bucharest under no. J40/12312/2002, Unique Identification Code 15058531, Fiscal Attribute RO, with IBAN account RO84INGB0000999903492175 opened with ING Bank N.V. Amsterdam, Sucursala București, hereinafter referred to as Supplier or Provider or CHML,
and
The natural person or legal entity contracting online, on the website www.chml.ro or other websites belonging to the Supplier, the services provided by CHML, hereinafter referred to as the Client or Beneficiary.
Object of the contract
This contract sets out the terms and conditions of a general collaboration between the Parties, whereby the Supplier undertakes to provide the Beneficiary with the services referred to in the contract and the Beneficiary undertakes to pay the price requested by the Supplier. All services contracted by the Beneficiary through the order form on the Supplier’s websites are subject to this contract.
The Provider provides the Beneficiary with the following categories of services
- virtual server services, also called VPS
- dedicated server services (leased servers)
- server / IT equipment colocation service
- web hosting services (shared hosting), general purpose or specialized (WordPress)
- SSL certified sales services
- domain name registration, reservation or extension service
Each service category contains one or more service packages, differentiated by technical characteristics and contracted period, which can be ordered by the customer on the website www.chml.ro or other websites belonging to the Provider.
Contract duration
This contract comes into force upon receipt of the online order via the order form on the website www.chml.ro or other websites of the Supplier, and upon payment by the Beneficiary of the consideration for the services, in accordance with the amounts shown on the website, the order form and the proforma invoice automatically sent to the customer’s e-mail address.
The duration of the contract is given by the period for which the customer has opted in the order form, called the initial period.
The duration of the contract is automatically extended by periods equal to the initial period, called subsequent periods, unless either party terminates the contract at least 15 days before its expiry.
If neither party notifies the other party of its intention to terminate the contract 15 days prior to the expiry of the initial contracted period, or subsequent periods, the Supplier shall issue and send to the Beneficiary a pro forma invoice containing the consideration for the service/services for a new subsequent period. If the Beneficiary wishes to extend the contract for a further subsequent period, the Beneficiary shall pay the service/service fee in accordance with the instructions on the proforma invoice.
In the event of non-payment by the Beneficiary of the pro forma invoice by the end of the current period and in accordance with the payment instructions contained in the pro forma invoice, the contract shall be deemed terminated by operation of law at the end of the current period and the Supplier shall be entitled to cease providing the contracted service/services. Furthermore, all data stored by the Beneficiary on the storage media provided by the Supplier under the contract shall be deleted, without any fault on the part of the Supplier in this respect.
Contract value
The value of the contract is given by the sum of the value of the service subscriptions ordered by the customer via the order form, once only. In the case of a customer who contracts several services with different renewal periods, each service package within the same billing period is considered to have a separate contract.
The value of the contract may be modified during the course of the contract by changing the structure of the contracted service package. Regardless of the changes made to the structure of the services, the rights and obligations of the parties under this contract remain valid.
Service provision
CHML undertakes to provide customers with access to the services ordered within a reasonable period of time, which is also determined by the method of payment chosen.
When paying by card, payments are processed automatically and confirmed within 1-2 minutes. In this case, web hosting, wordpress hosting and domain registration/extension services can be activated within 15 minutes.
Payments made by bank transfer are processed manually from Monday to Friday between 9am and 6pm, and web hosting, wordpress hosting and domain registration/extension services are activated after payment confirmation.
Virtual Private Server (VPS) dedicated server services will be activated within a period of up to 24 hours.
The server/IT equipment colocation service will be activated within 4 hours after the servers/equipment are handed over to our technical staff.
The effective date of provision of the services starts from the moment when the information required to access the services has been made available to the customer via email and/or in the customer account.
Guarantee of refund
In the case of web hosting and WordPress hosting services, the client can cancel the service without any justification within the first 30 days of the contract, and CHML is obliged to refund the client the full amount paid. This applies only to the services listed, and only for the first 30 days of the contract.
Payments made for virtual servers, dedicated servers, colocation, SSL certificates and domain name registration/extension are non-refundable.
Rights and obligations of the Supplier
The Supplier may assign claims arising under this Contract to third parties and enter into joint venture contracts in respect of the infrastructure or services provided without the prior approval of the Beneficiary, provided that the Supplier remains personally responsible for providing services to the Beneficiary in accordance with the terms of this Contract.
The Provider undertakes to maintain the Collocation Infrastructure and/or the Virtual Infrastructure so that the Beneficiary can provide its services in good condition and the Beneficiary’s Equipment can operate safely. In addition, the Supplier undertakes to ensure the security of the Colocation Centre, taking any measure necessary to prevent damage to the equipment or theft of the equipment in any way.
The Supplier cannot be held liable for internal/hidden defects of the Beneficiary’s equipment, including but not limited to: failure of power supplies, failure of ports or any failures not caused by heat sources, external mechanical shocks or forces, electrical shocks, etc.
Under no circumstances shall the supplier be liable to pay direct, indirect or consequential damages or damages for loss of profit, loss of revenue, loss of goodwill or loss of business opportunity.
Rights and obligations of the Beneficiary
The services provided by the Supplier should only be used for lawful purposes. The customer undertakes not to transmit, distribute or store any material or data that infringes applicable laws or the rights of third parties.
The Provider does not monitor and does not carry out any content control on the materials stored by the Client, but may do so to the extent required by applicable law, when it receives complaints or requests from state authorities.
The Provider is not responsible for the content of any website other than those belonging to it. The Customer is solely responsible for the materials and information posted on its websites or for the opinions expressed by the Customer or third parties in any section of its websites.
If a platform, a framework, a CMS (Content Management System), for example, but not limited to WordPress, Joomla, Drupal, is used in the website, the Client is obliged to update its software to the latest available version, including plugins, themes/templates and/or scripts that are part of the platform used.
All forums, blogs, contact forms, guestbooks and/or other user-registration systems that have the possibility of posting content online must have systems on the user registration page to prevent bots and spammers from registering (Captcha-code verification image). These systems must also validate the existence of the user’s email address via an activation link sent by email to the address entered in the registration form. The owners of such systems have an obligation to supervise the content posted by users so that such content does not contravene any law or the provisions of this contract.
The customer has the right to report any irregularities or errors that prevent the proper functioning of the site, and that are related to its hosting.
The Customer may not transfer its rights and/or obligations under this Agreement without the Supplier’s written consent.
The customer is responsible for maintaining the security of the user name, passwords and other confidential information related to the customer account and contracted services. If there is any suspicion that this information has been compromised, the Customer must request a change to the login details by contacting support.
The customer is responsible for updating the contact information in the customer control panel when necessary or when changes occur (e.g. phone number, email address, etc.). The Provider cannot be held liable for problems in communication as a direct result of the Customer’s failure to update contact details.
It is the customer’s responsibility to create and keep their own backups of their data.
The Customer agrees to behave appropriately in dealing with the Supplier’s staff, not to request unjustified technical support, not to repeatedly request the resolution of non-existent problems or problems that are not under the Supplier’s control.
Beneficiaries of server/IT equipment colocation services have the following additional obligations:
The Beneficiary undertakes to use the co-location and virtual infrastructure in accordance with the purpose established by the Provider through the provision of the services, under the terms and conditions of this contract and for the purpose of its proper operation, the Beneficiary being allowed to provide services in accordance with the authorizations issued by the Romanian regulatory authorities.
The Beneficiary undertakes to ensure the proper and safe operation of its own equipment and shall be solely liable for any malfunctioning thereof causing damage to the Beneficiary’s Equipment, Collocation Infrastructure or Virtual Infrastructure. The Beneficiary provides services in accordance with the national and international legal provisions in force, the Provider having no knowledge of the content of the service provided by the Beneficiary and not being liable for it.
The Beneficiary undertakes not to alter, modify, conceal or claim any trademark or intellectual property right belonging to the Supplier both during the term of the contract and after its termination for any reason whatsoever.
The Beneficiary is obliged to comply with the Service Compliance Policy, part of this contract. Any culpable or negligent breach of the obligations referred to in the Annexes may lead to the suspension of services if the breach results in non-compliance with legal provisions which may also affect the activity of the Provider or its other Beneficiaries.
In the event that a State Authority with competence in the field requests the Supplier to suspend the services, on the basis of an administrative order, court order or any other compliant document, due to non-compliance by the Beneficiary with the legislation applicable to the services it provides, then the Supplier shall immediately suspend the services which are the subject of this contract and shall immediately notify the Beneficiary of the reasons which led to this decision, and the supporting documents shall be communicated to the Beneficiary no later than two days from the date on which it initiated the measure.
Limited liability
The Provider cannot be held liable for damages caused by the temporary unavailability of the services, regardless of the length of the period of unavailability and whatever the reason causing it. This also includes damage resulting from damage to or loss of data.
The Customer agrees to indemnify and hold the Supplier harmless from and against any claims, damages, including, without limitation, damages to third parties, arising as a consequence of the use of the Services causing damage to the Customer, or the unavailability of the Services.
The Beneficiary may provide services on its own behalf or to its Beneficiaries in accordance with the national and international legal provisions in force, the Provider having no knowledge of the content of the service provided by the Beneficiary and not being liable for it. The Provider shall not be liable in any way for the quality or availability of the services provided by the Beneficiary to its End Beneficiaries.
Force majeure
Neither party shall be liable for total or partial non-performance or late performance of its obligations under the contract if the non-performance or late performance is due to Force Majeure, as defined by law.
The Party invoking Force Majeure shall duly document the occurrence and termination of the Force Majeure event by means of a certificate issued by the Chamber of Commerce and Industry and communicated to the other Party within 10 calendar days from the date of the occurrence of such event. Failure to give notice shall render the Party at fault liable for any damage caused to the other Party.
Any event of Force Majeure shall have the effect of extending the contractual terms for a period equal to the duration of the Force Majeure.
If the Force Majeure situation lasts for more than 30 calendar days, the Parties will decide, by mutual agreement, to modify or terminate the contract.
Additions to the contract
This contract is completed by the following documents, which form an integral part of the contract:
Last update: 02.11.2023
