TERMS AND CONDITIONS
The Terms and Conditions of Use set out in this Agreement will apply to all sales of services and software products by https://amadeusuk.com/,as Supplier/Provider, to Buyer/Customer/Beneficiary/User.
- Contracting Parties
1.1. https://amadeusuk.com/, hereinafter referred to as Supplier.
1.2. You, hereinafter referred to as Beneficiary.
This Agreement is concluded whose provisions and clauses, agreed under the law of contractual freedom, have been established by our joint agreement and in compliance with the law. This Agreement serves as a legal basis for all services provided by the https://amadeusuk.com/
1.3. The Supplier reserves the right to modify, change, remove or add the terms and conditions of this Agreement, including, but not limited to, applicable terms, fines or charges, policies for the operation, use or conduct of customers in relation to the image, employees https://amadeusuk.com/.
The supplier may benefit from this right without prior notice or notice. Regardless of previous communications or notices, the continued use of the services is the Beneficiary’s agreement to these changes. Periodic verification of changes and changes in this Agreement and the accuracy of the data provided by the Beneficiary shall be entirely the responsibility of the Beneficiary.
1.4. Filling out the order form and ticking the box “I agree to the terms and conditions of use of the services” is a guarantee of the accuracy of the data provided as follows:
- If you are a natural person the minimum mandatory age is 18 years.
- If you represent a legal person, partnership or any other legal form of organisation in accordance with trade standards, your registration is a guarantee.
- The data provided through the order form is accurate, clear and real, including the information required for payment terms, and you assume responsibility for correctly and permanently updating the information provided. The completion of the order form is the consent of the Beneficiary for the processing of personal data with a view to honouring orders submitted and for further processing for purposes similar to those for which they have been made available to the Provider.
- If you do not agree to the terms and conditions of this Agreement, as well as subsequent changes made by the Provider, the only option is to contact us with a view to unilaterally terminating this Agreement.
- Object of the contract
2.1. The object of the contract is the provision by the Provider of the following services:
- Hosting contracted sites
- Domain registration
- Technical support
- Sale of SSL certificates
- Contract value and payment terms
3.1. The Supplier will issue tax invoices on the basis of which the Beneficiary will have to pay the consideration of the contracted service. The billing frequency will be chosen by the Beneficiary via the order form. The change in billing frequency will be made by a written request to the Provider or by email to the address on the contact page.
3.2. The beneficiary may request the return of a payment within the first 30 days of the Contract. In case of early waiver of a contract the Supplier will not make the return of the amount paid by the Beneficiary.
3.2. The switch to a lower subscription may not be made before the expiry of the contractual period initially chosen or amended at the request of the Beneficiary.
3.3. The switch to a higher subscription can also be made before the expiry of the contractual period by paying the difference between the current subscription and the new subscription. The difference shall apply to the period remaining until the expiry of the contract.
3.4.The supplier reserves the right to change prices at any time. In case of renewal, the new invoice will be issued based on the original contracted price.
3.5. The contractual period shall start from the date on which the payment of the contracted service has been registered and shall remain valid for the period selected by the Beneficiary in the order form.
- Termination of the contract
4.1. The supplier may cease to provide the service contracted by the Beneficiary immediately, irrevocably and without prior notice if:
- The Beneficiary has not complied with, violated or improperly treated this Agreement, including any other Supplier Regulation or has not complied with applicable Romanian law.
- The beneficiary provided false information on registration or did not comply with the conditions relating to the accuracy, clarity and validity of the data.
- The beneficiary did not reply to communications sent by email to the address provided at the registration.
- The beneficiary is engaged in illegal, fraudulent or any type of activity, including the sale of products or services, which are subject to the law.
- The beneficiary, an employee or his representative, a partner (natural or legal person) or an employee or representative of a partner is involved in his personal name or as a legal representative in activities that prejudice the rights or reputation of the Provider.
- The beneficiary has not paid the consideration of the contracted service.
4.2. Any termination of the services offered by the Provider shall have immediate effects. The provider may, optionally, notify the Beneficiary of the cessation of service provision.
4.3. In addition to the above terms, any part of this Convention may terminate this Agreement if:
- Any Party does not comply with the terms and conditions of this Agreement and shall not make every effort to remedy the situation that has arisen within 30 days of receiving notice from the other Party, except in the event of non-compliance with the payment obligation.
- The other party is declared bankrupt and the winding-up action has been initiated.
- The other party is declared bankrupt and the winding-up action has been initiated if the proceedings are not withdrawn for 60 days after the start.
4.4. Where a State authority makes strong arguments that criminalise this Agreement and the Service, in breach of the rule of law, the Provider may suspend the service without any other related obligations.
If the Provider suspends only part of the Beneficiary’s service as a result of non-compliance with the Agreement, it shall not suspend the Beneficiary’s obligation to pay the fees in full. If the Provider suspends the entire service, the Beneficiary shall be liable to pay the charges relating to the use of the service by the date specified in the registration agreement, applicable fees also in the event of early suspension. If the Provider suspends the entire service due to non-payment of hosting services, the Beneficiary is obliged to pay the invoice or, where applicable, the outstanding invoices.
- Ownership of hosting account information
5.1. Access to the hosting account on the Provider’s servers is via a user name and password transmitted by the Provider when the hosting account is activated. The beneficiary is obliged to keep this password confidential.
5.2. The Beneficiary is responsible for maintaining the security of his account and is fully responsible for all activities carried out on his account and any actions carried out in connection with the name of the Beneficiary’s domain, including those carried out by users of email addresses in his domain or for the actions of partners (legal representatives or their employees) engaged in the implementation, maintenance and/or promotion of the Beneficiary’s website.
5.3. The Beneficiary is obliged to notify the Provider of any unauthorized access or other security breaches. The Supplier shall not be liable for any loss or damage which is the Beneficiary’s ability to remedy it. The Beneficiary shall be liable for the actions or omissions of his or her hosting account resources to which the Beneficiary has allowed access, even in the case of damage caused in any way by them as a result of actions or omissions. If some money has to be paid in compensation or fines and more, the Beneficiary is obliged to pay these amounts.
5.4. The Beneficiary, partners or partners who have been allowed access to the hosting account may not use the Provider’s network to attempt to avoid authentication or gain unauthorized access to any server, network or other account. This includes, but is not limited to: accessing data that is not intended for the Beneficiary, logging into a server or other account for which the Beneficiary does not have authorized access, breaking passwords, checking the security of other networks looking for weaknesses or violation of other Provider security policies.
5.5. The beneficiary, partners or partners who have been allowed access to the hosting account shall not have the right to attempt to prevent or stop the service of any user, server or network. This includes, but is not limited to, attacks such as denial of service, mail bombing, or other deliberate attempts to block a server or network. The provider will cooperate with authorities investigating breaches of the security of the systems or networks of other sites, including authorities investigating criminal acts. Users who violate the security of systems or networks may be held liable through civil or criminal proceedings.
- Use of contracted services
6.1. All services offered by the Provider may only be used for legal purposes. The transmission, storage or presentation of information, data or materials that violate Romanian and international laws are prohibited.
6.2. It is prohibited to publish or transmit through the services provided by the Provider materials containing:
- Pirated software or copyright infringement materials
- Pornography/Nudity/Adult Content
- Violence, incitement to violence, threats, racial hatred
- Unsolicited Message Products / SPAM
- Material defamatory or violating the privacy of a person, or constitutes an attack on the safety or health of a person, a group of persons, compromises national security or obstructs an ongoing legal investigation
- Promotes drug production, consumption and/or trafficking, violates applicable laws, promotes illegal gambling or illegal arms trafficking
- Warez Sites
- Proxy and proxy platforms
- Materials protected by trade secrets or other status
6.3. The beneficiary agrees not to:
- Upload, post, transmit or otherwise make available (referral) content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, infringing on the privacy of others, adult, racial, ethnic or otherwise reprehensible.
- Prejudice minors in any way.
- Assume the identity of another natural or legal person, even an official of the Supplier.
- Falsify headers or otherwise manipulate identifiers to mask the origin of content transmitted through the Provider’s servers.
- Upload, publish or transmit content that it is not entitled to disclose under the law or contractual obligations.
- Upload, post or otherwise transmit content that infringes patents (patents), trademarks, trademarks, copyrights, privacy or advertising rights, or other property rights of any party.
- Upload, post, or otherwise transmit materials that contain viruses or other codes, files or programs made to interrupt, destroy or limit the operation of any software or hardware component of the Provider’s servers or a third party.
- Disrupt servers or networks related to the service provided, or violate the Provider’s requirements, procedures, policies, or regulations.
- Intentionally or not violates any local, state, national or international law in force or ICANN policies.
- Promote a site through links, headlines, inappropriate descriptions or by repeatedly posting identical texts in public forums.
- Pursue or otherwise harass someone.
- Collect, transmit or store personal or financial data about any individual or entity
- Promote or provide preparedness information about illegal activities, promote physical violence and offenses against an individual or group, or promote any act of animal cruelty.
- Use scripts/processes/etc. that adversely affect the ability of other customers to use the services provided. These include but are not limited to scripts that use the processor intensively or sites that have traffic that exceeds acceptable limits for a shared hosting environment.
- Install or use software for Torrent
- Install or use IRC bots
6.4. The Beneficiary agrees not to involve the Provider in any requests or complaints arising from the service provided causing damage to the Provider or to another party. The Provider reserves the right to investigate the Beneficiary, his business and/or his/her staff, the website and the materials contained on the site at any time. These investigations will only be made for the benefit of the Provider. If the investigation reveals any information, action or omission which in the Supplier’s opinion constitutes a violation of national or international laws or regulations or the Provider’s policies, the Provider may immediately close the account and notify this action by email to the address provided in the order form. The Beneficiary agrees to waive the right of action or any claim it may have against the Provider for such actions.
- Guarantee of operation of services
7.1. In case of non-operation of the servers/services offered by the Provider for more than 10% of a month, the beneficiary is entitled to one month of free web hosting. The amount of compensation may not exceed the monthly amount paid by the Beneficiary for the compensation service. Compensation is only offered at the request of the Beneficiary in the form of free hosting services granted in the form of months.
7.2. Compensation will not be awarded if any error or non-operation of the site is caused or generated by:
- Force majeure situations in which we cannot have any influence such as: wars, natural disasters, unavailability/disruption of communications, fire, viruses, hackers, failure to properly function software provided by another source (free scripts, e-commerce software or online payment processor), floods, earthquakes, embargoes, actions of legal authorities, flood.
- Announced maintenance work or in critical situations, server upgrades.
- Domain name system (DNS), problems that cannot be controlled by the Provider.
- Beneficiary access issues with FTP, POP, IMAP, or SMTP.
8.1. The Beneficiary understands and agrees that:
Use of the service is at the risk of the service. The supplier shall not assume responsibility and shall not grant guarantees of any kind, either explicitly or implicitly, including but not limited to normal marketing guarantees, to fit for a particular purpose. Any material downloaded or otherwise obtained by using the contracted service is carried out at the discretion and risk of the Beneficiary and that he is solely responsible for any damage to the Beneficiary’s computer or loss of data resulting from the download of material. Security mechanisms embedded in the software (system) have effective/inherent limitations, with the Beneficiary having the responsibility to identify exactly its needs. The supplier by this Agreement or other terms provided does not guarantee that:
- The service exactly fits the Beneficiary’s requirements
- The service will operate continuously, safely and without errors.
- The quality of the products, services, information or other materials purchased or obtained by the Beneficiary through the Service will meet the Beneficiary’s expectations.
- Any software error will be corrected
- The provider is not liable for the situation where between the time the order, payment and domain registration is made, it is registered by another person or other hosting company. In this case the Beneficiary may request either reimbursement of the amount paid for the domain or registration of another domain with the same extension.
8.2. No oral or written advice or information obtained through or from the Provider creates any other warranties not specified in the current Agreement. The Provider shall not be liable for non-compliance with deadlines, for the deletion, non-provision or erroneous storage of any form of communication or custom settings used by the Beneficiary.
8.3. The Provider shall not be liable for damage, loss of data or other damage caused to business due to delays, mistransmission or non-transmission of information due to restriction or interruption of access, bugs or other errors, unauthorized use due to sharing or other interactions with the contracted service.
- Limitation of obligations
9.1. The Beneficiary agrees that the Provider, its associates or other partners, directors, shareholders or employees of the Provider are not bound by any direct, indirect, special, exemplary damage, including but not limited to damages for loss of future earnings, good faith, use, data or other intangible assets (even if you have warned the Supplier of the possibility of such losses) , resulting from: the use or impossibility of using the contracted service, errors, defects, omissions, delays in operations or transmissions or any other irregularity of the good running of the contracted service or software, the cost of procuring goods or services to replace those purchased by messages or transactions made through the contracted service, unauthorized access or alteration of the Beneficiary’s transmissions and data , the statements and conduct of another party to the service, any good or service offered or sold through the contracted service, any other situation relating to the contracted service or software.
- Applicable law and force majeure
10.1. The law applicable to the Contract between the Beneficiary and the Supplier will be subject to the laws of the Romanian State in force at the time of the contract of the service.
10.2. None of the Contracting Parties shall be liable for the failure to comply on time or/or for the improper performance – in whole or in part – of any obligation under this contract, if the non-performance or improper performance of that obligation was caused by force majeure as defined by law. The party invoking force majeure shall notify the other party within 10 days of the occurrence of the event and shall take all possible measures to limit its consequences. If, within 30 days of production, the event in question does not cease, the parties shall have the right to notify the full termination of this contract without any of them claiming damages.
- Final clauses
11.1. Any dispute arising out of or in connection with this Agreement, including the conclusion, execution or termination of the Agreement, if it cannot be settled amicably, shall be resolved by the competent legal unit.
11.2. The terms of this Agreement constitute an agreement between the Supplier and the Beneficiary and govern the use of the services, constituting the service contract concluded between the Beneficiary and the Supplier. The beneficiary may be under the authority of other additional terms or conditions of use that apply when the provider’s services, content or software of a third party are used.
11.3. If any provision of this Agreement or other embedded documents is proven by a competent institution to be invalid, the parties agree that that institution shall attempt to take into account the intentions of the parties as reflected in the provision and the remainder of the provisions remaining in force.
11.4. The Beneficiary agrees that, without regard to any other law or statute, any claim or claim arising out of the terms of this Agreement or related to the use of the services must be submitted within one year of such application being lifted or will be forever closed.