Terms and conditions

We hereby inform you that accessing the services offered by LANSOFT automatically implies the acceptance of the terms and conditions stipulated below. We urge you to read them and be familiar with them. If you have any questions, you can contact us at any time. Thank you!

Finalizing the order represents the acceptance of the offer from the beneficiary, under the conditions stipulated by art. 9 of the Electronic commerce law 365/2002 and an electronic signature, within the meaning of art. 4 section 3 of the Electronic signature law 455/2001.

(I) Contracting parties 
1.1. This contract is concluded between S.C. Lansoft Data S.R.L, as a telecommunications service provider, hereinafter referred to as Lansoft, and the legal person or natural person identified according to the data provided in the order form, as beneficiary, hereinafter referred to as the Beneficiary.
1.2. This agreement does not establish a partnership, joint venture, employment relationship, franchise or agency relationship between Lansoft and the Beneficiary. Neither Lansoft nor the Beneficiary has the power to bind the other party or create obligations for the other party without prior written consent, except as expressly stated in this contract.

(II) Object of the contract 
2.1. The object of the contract is the provision by Lansoft of the service / services requested by the Beneficiary.
2.2. Categories of services provided by Lansoft:
a) Cloud Computing;
b) Server colocation;
c) Consultancy;
d) Other related services.

(III) Term and conditions of payment 
3.1. The contractual period starts from the activation date of the service and remains valid for the period selected by the Beneficiary in the order form. When the beneficiary wishes to give up the contracted service, it must send Lansoft a request in writing, via email.
3.2. Lansoft issues proforma invoices based on which the Beneficiary pays the value of the contracted service. The payment frequency is chosen by the Beneficiary via the order form. Subsequently, this can be changed by a request submitted to the provider by email at contact@lansoft.ro.
3.3. The payment is made in RON, at the NBR’s exchange rate on the day the proforma invoice is issued. The payment validly made is non-refundable.
3.4. In case of non-payment, Lansoft has the right to interrupt the provision of the service without prior notice. Service interruption means the immediate suspension of services and permanent deletion of the Beneficiary’s account from Lansoft’s servers within 30 days from the due date of the proforma invoice. The decision on the form of interruption of services belongs exclusively to Lansoft.
3.5. Switching to a superior or inferior subscription to the one selected in the order form can be made at any time, depending on the technical possibilities available to Lansoft at that time and in accordance with the rules established by this contract or publicly displayed on the site.
3.6. Lansoft can change the tariffs for the services it provides at any time.

(IV) Terms of use of the services provided by Lansoft
4.1. Access to the hosting account on Lansoft’s servers is made through a username and password transmitted at the time of activating the hosting account. The Beneficiary takes full responsibility for the confidentiality of the data received and the retention of this information during the performance of the contract.
4.2. The Beneficiary is solely responsible for maintaining the security of the account allocated by Lansoft and is fully responsible for all activities performed in its account or in connection with its domain name.
4.3. The Beneficiary agrees to notify Lansoft of any unauthorized account or other security breaches. Lansoft does NOT assume responsibility for any loss or damage related to the Beneficiary’s ability to remedy it.
4.4. Each hosting account is limited, so as not to allow sending more than 128 emails in a 60-minute period / domain. This (restriction) policy is necessary to protect the quality of the hosting service, the massive sending of emails causing massive consumption of server resources, which has a negative impact on the quality of the services received by the customers. The results of violating this policy are as follows:
a) the immediate suspension of the hosting account and a 25 EUR + VAT penalty for the customer. The account is reactivated only after the penalty is paid and an email is sent to Lansoft containg a signed and sealed (where applicable) commitment with the following text “I have read, understand and agree with the email sending policy”.
b) Lansoft will not refund to the Beneficiary the fees paid in advance, if the account has been terminated for violation of these rules. The Beneficiary is required to pay the outstanding fees to Lansoft in full.
4.5. The beneficiary/partners/representatives of partners who have been granted access to the hosting account may not use the Lansoft network to try to bypass authentication or trick the security of any host, network or account. They also have no right to attempt to prevent or stop the service of any user, host or network. This includes, but is not limited to, DDoS attacks, mail bombing, or other deliberate attempts to block a host or network. In such situations, Lansoft will cooperate with authorities investigating breaches of security of systems or networks of other sites, including authorities investigating criminal acts. Users who breach the security of systems or networks may be held liable through civil or criminal lawsuits.
4.6. All services offered by Lansoft can only be used for lawful purposes. It is forbidden to transmit, store or present information, data or materials that violate the laws of the Romanian and European Union law.
4.7. Pornography and pornographic materials that do not protect minors from this content are prohibited on Lansoft’s servers, child pornography through computer systems constituting a serious offense, provided by art. 374 of the Criminal Code. This amendment includes sexual content or direct links to other adult sites. The ban also applies to all sites that promote illegal activities or contain material that may harm our servers or any other servers on the Internet. Links to such materials are also prohibited.
4.8. Spam is totally prohibited. “Spamming” includes sending bulk and/or unsolicited commercial email messages via the Internet using Lansoft’s or other service provider’s services with reference to Lansoft (and any Lansoft’s proprietary website) or any Lansoft-hosted website.  Its discovery entails the IMMEDIATE SUSPENSION OF THE contracted SERVICE, followed by the notification of the Beneficiary in this regard.

(V) The rights and obligations of Lansoft
5.1. Lansoft undertakes to provide technical support / assistance by email or web interface for all types of services offered, depending on the type of service requested by the Beneficiary.
5.2. Lansoft undertakes to remedy as soon as possible any problem on its own equipment.
5.3. Lansoft reserves the right to set limits or extend any kind of support offered for the contracted service, and the hours at which it is available.
5.4. Lansoft reserves the right to change the Beneficiary’s password at any time, in case it suspects system security problems, bringing this fact to the Beneficiary’s attention.
5.5. Lansoft may terminate the provision of the service contracted by the Beneficiary, immediately, irrevocably and without prior notice if:
a) the Beneficiary has not complied with, violated or mistreated these Lansoft regulations or has not complied with the applicable Romanian law;
b) the Beneficiary provided false information at registration or did not comply with the conditions relating to the accuracy, clarity and validity of the registration data;
c) the Beneficiary did not respond within 15 days to the communications sent to the email address declared at registration;
d) the Beneficiary is engaged in illegal, fraudulent activities or any type of activities – the sale of products or services covered by the law;
e) the Beneficiary is personally involved or as a legal representative, in activities likely to damage the rights or reputation of Lansoft;
f) the Beneficiary did not pay the value of the contracted service.

(VI) The Beneficiary’s rights and obligations
6.1. The Benediciary has the obligation to pay the total price set in each proforma invoice issued by Lansoft.
6.2. The Beneficiary will not use or allow the use of the services made available to it, for illegal purposes according to the Romanian and European Union legislation in force throughout this contract. Illegal material includes, but is not limited to: copyrighted material, threatening or obscene material, adult content, or material protected by brand secrets or any other status.
6.3. The Beneficiary agrees that it is solely responsible for the abusive use of the service offered by Lansoft, the Beneficiary bearing any damages produced by violating the terms and conditions assumed by this framework agreement.
6.4. The Beneficiary is prohibited from posting, sending, retransmitting or storing materials with the help of the hosting account that Lansoft considers that:
a) violates a local or foreign law or regulation;
b) is threatening, obscene, indecent, defamatory or may harm an individual, group or entity;
c) violates the right of any person, including rights protected by copyright, trade secret, invention or other intellectual property rights, as well as the installation or distribution of “pirate” software or other products that do not have a suitable license for use; these examples are not limiting and include links to such servers.
6.5. The Beneficiary has the right to use the facilities offered by the hosting service present in the price grid in the category Services available at https://lansoft.ro/ address, under the terms of this contract.
6.6. The Beneficiary has the right to report any irregularities or errors that hinder the proper functioning of the site and related to its hosting.

(VII) Applicable law and force majeure
7.1. The law governing the contractual relations between the provider and the Beneficiary is the Romanian law.
7.2. Force majeure exonerates the parties from liability for total or partial non-fulfilment of their obligations. Force majeure means any event independent of the will of the parties, unforeseeable and inevitable, occurring after the entry into force of this contract and which prevents the parties from performing, in whole or in part, the contractual obligations. Force majeure means situations similar to those in the following examples, but not limited to: war, acts of terrorism, social movements, acts of war, natural disasters, floods, earthquakes, fires, prolonged interruptions in electricity supply, government acts, Internet interruption, embargoes, sabotage.

(VIII) Disputes
8.1. Any conflicts between the provider and the Beneficiary will be settled amicably.
8.2. If an amicable solution is not reached, the parties shall address the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, in accordance with the Court’s rules of procedure.

(IX) Intellectual property rights
9.1. All materials integrated on the https://lansoft.ro/ website are the property of S.C. Lansoft Data S.R.L. and are protected by Law no. 8/1996 and by the legislation in force on copyright, designs, trademarks and/or other intellectual property rights.
9.2. These materials may not be copied, modified, displayed, distributed, transmitted, published, traded, licensed, or reproduced without Lansoft’s prior written consent. Failure to comply with these provisions will give rise to legal means of protection.

(X) Final provisions
10.1. In addition to the Terms and Conditions previously stipulated, additional contracts for the provision of services may be concluded between Lansoft and the Beneficiary, in which case the conditions thus established will be valid between the parties, in relation to the type of service purchased by the Beneficiary.
10.2. The Terms and Conditions represent a general framework agreement that can be subsequently supplemented / amended with the parties’ agreement.