Web Hosting / Dedicated / VDS / VPS

1. DEFINITIONS

Terms used below will have the following meaning:

BENEFICIARY: represents the natural or legal person whose identification data are mentioned on the first page of this Contract and is keeper of all rights and obligations mentioned in the current CONTRACT;
ORDER FORM: represents the order form of the service, located on www.xservers.ro web site, it contains the type of SERVICE requested, the connection solutions, equipments, applicable RATES fot the requested SERVICE etc.
CONTRACT: represents the standard CLAX TELECOM contractual document consinsting in : General conditions including the first page, that represents the frame contract for providing CLAX services, which has attached, representing integrant of the CONTRACT, Special Providing Conditions for every SERVICE available at a certain moment on www.xservers.ro, Order form for the service and any other contractual documents on which the agreement has been stated concomitanly or subsequently to concluding the Contract with the Beneficiary;
EQUIPEMENT: represents the equipment through the intrumentality of the BENEFICIARY uses the SERVICE and that can be the property of CLAX TELECOM and can be commercialized or commited under custody to the BENEFICIARY or it can be property of the BENEFICIARY;
CLAX TELECOM: represents the company CLAX TELECOM S.R.L., with headquarters in Bucharest, Sector 2, registered at Bucharest Office Register of Companies under number J40/19367/2005 and having the Unique Registration Number 18139142, bank account RO76 BACX 0000 0030 2712 8001, opened at UNICREDIT TIRIAC BANK - NORILOR having the following data for contact : e-mail: office@xservers.ro. The provider can ask the Beneficiary to pay the services in another account, different from the one stated in the present contract.
SERVICE: represents any or more of the services and/or products provided by CLAX TELECOM which contain as an example services and/or products, hosting services, web design, promoting, programming, Data Center, hosting,domain registration etc, including any other services available at a certain moment ( operational services as intallation, configuration/reconfiguration , reactivation, suspention, software troubleshooting etc.) and detailed in the CLAX offer.
RATES: represents taxes and/or fees for the SERVICES requested in the Order form for the service, which can include installation fees, rate for any of the SERVICE provided.

2. OBJECT OF THE CONTRACT.

2.1. CLAX TELECOM commits to provide the requested SERVICE and the BENEFICIARY commits to pay the equivalent value of the service, accordingly to the provisions of the present CONTRACT.
2.2. The SERVICE provided by CLAX TELECOM is mentioned in the form filled in on www.xservers.ro web site and can be formed of one or more of the products and/or SERVICES provided based on the present contract.

3. EQUIPMENTS. SETTING UP THE SERVICE

3.1. Setting up the SERVICE in the chosen location is chargable, accordingly to the rates in force at the setting up date, using the BENEFICIARY equipments or the EQUIPEMENTS provided by CLAX TELECOM,by one ot he methods agreed by the parties. EQUIPMENTS entrusted with the BENEFICIARY are CLAX TELECOM property and will remain CLAX TELECOM property.
3.2.BENEFICIARY will allow acces to CLAX TELECOM representatives in its locations in order to install, maintain and verify the status of the EQUIPMENT or uninstall EQUIPMENTS/SERVICES.
3.3. BENEFICIARYwill not harm CLAX TELECOM EQUIPMENTS, will not repair or modify them, any disfunctionality being notified to CLAX TELECOM in reasonable time and will be used only in the purpose it was meant for, otherwise it will be obliged to pay the cost of repairs or the EQUIPMENTS in case these cannot be repaired.
3.4. CLAX TELECOM will not harm the BENEFICIARY EQUIPMENTS, will not repair or modify, any disfunctionality being notified to the Beneficiary in reasonable time and will use them only in the purposes they were meant for, otherwise will be obliged to pay the costs of repairs or the EQUIPMENTS in case these cannot be repaired.
3.5. CLAX TELECOM can refuze the connection to the SERVICE if the own network or the BENEFICIARY EQUIPMENTS cannot sustain the technical conditions for providing the SERVICE. In case the installation of the SERVICE and/or EQUIPMENTS need previous acquiring of notice, accord or authorization, the installation will be performed after acquiring them. The acquiring of the authorizations and notices devolves on the BENEFICIARY.

4. RATES

4.1. The service is offered at the xServers rates in force at the date of the agreement is expressed or at the date the SERVICE is provided. Complete information regarding the rates can be found on xservers.ro web site. The rates do not include the costs resulting in utilization of provided services by third parties or that exceed the object of present contract. The rate for the present contract is stated in the order form filled in by the client on xservers.ro web site accordingly to the contracted service.
4.2. xServers will be able to rise the rates in case third party networks rates, electrical power fees, service fees and prices for goods that influence directly or indirectly the provided services will rise, as well as in the case of other assessments, taxes levied by the central public administration or local public administration will rise. xServers holds the right to modify the rates offered to the beneficiary in other cases than the ones described above. The new rates will be communicated to the beneficiary by any means that ensures proven communication and the beneficiary will have a period of 15 days to unilateral denounce the contract in case of non-acceptance. The lack of written non-acceptance communication from the part of the beneficiary, by form of confirmed registered letter at the xServers headquarters in this period signifies the acceptance of the new rates .
4.3. xServers will be able to offer the BENEFICIARY discounts from the value of the SERVICE, from the value of the commercialized equipments and from the quantum of penalties.

5 -ORDER, PAYMENT, BILLING

5.1 Any order will be placed online on the web page of xServers. ro. The orders placed by any other method than online on the xServers. ro web page will not be honored. Clients are obliged to fill in the form with complete, correct and real data. The procedures intitiated once the order is placed and the payment for the order is completed, like the REGISTRATION and DOMAIN RENEWAL or billing for the services are made in complaince with the laws in force and using the information provided by the clients in the order form. xServers canot be made responsible under no circumstance for any kind of situation caused by the clients' input of incorrect or incomplete information.
5.2. The rates associated with the service are mentioned in the pro-forma invoice issued by xServers for the provided service.
5.3. After finalizing the order xServers sends a pro-forma invoice to the email address filled in the order form. The pro-forma invoice contains all the information needed for making the payment. The pro-forma invoice does not have accounting value.
5.4. The client is agreeing to pay the equivalent of the services in advance for the period of time these are provided.
5.5. All the pro-forma invoices will be sent by email. Lack of reception of the pro-forma invoice in the email and lack of payment in due time is entirely the responsibility of the client, due to the possibility of picking up the original from the company headquarters, from the bias point or from one of the xServers pay offices, function of the location mentioned on the contact page of xServers.ro web site, in the specified time table, and the posssibility to make the payment at the same address. The pro-forma invoices are being issued for successive periods of time equal to the period mentioned in the order form filled in online on xservers.ro web site or for a period of time expressly stated in an email at comercial@xservers.ro before issuing the pro-forma invoice. Clients have to pay the equivalent of the invoice in its integrity in advance, at the beginning of every payment period, in term of 15 working days from the date the pro-forma invoice is issued. Lack of payment of the pro-forma invoice in the specified term leads to suspention of the service. Any extension of the payment term is at the discretion of xServers, the maximum accepted extension period being 10 calendar days. xServers can refuse to extend the payment term for reasons it cannot be obliged to divulge to the client.
5.6. Suspension of the service for lack of payment or inobservance of any contractual provisions of technical or commercal matter is totally accepted by the beneficiary and is not considered lack of service provided by xServers. Suspention of the service does not exonerate the client of the payment obligation, the pro-forma invoice must be payed in its integrity if the reactivation of the service is desired.
5.7.After the payment is completed and the money is cashed the invoice is issued. The invoices are sent only by email at the address provided by the client in the order form, consequently the client has to come to the company headquarters,the bias point or one of the xServers pay offices,function of the location mentioned on the contact page of xServers.ro web site, in the specified time table to obtain the original invoice. The invoices and the pro-forma invoices will not be delivered by courier, postal services or any other delivery option..
5.8. xServers recomends confirmation of payment for pro-forma invoices by sending a scanned copy of the document that certifies the payments by email at plati@xservers.ro, but sending this document does not oblige xServers to hurry the activation procedures of the accounts, the delay of these procedures being possible for every client, until the money enters the bank account. Activation procedures will start at the latest immediately after the money enters the bank account and they can last up to 48 hours, except Saturdays and Sundays. During these days the activaton time for all the procedures can double.
5.9. In case the payment term has been overdue by 15 days the present contract is considered void and the services associated with the contract will be in their integrity deactivated from the CLAX TELECOM equipments. For the reactivation of the services the fee is 3 times the amount due for the progress of the contract..
5.10. All the invoices and direct payments(cash payment ) or by bank transfer (Money Order, Cash deposit at the bank) to xServers are being processed in ROL. The prices showed on this site are in EUR, do not include VAT and will be calculated at the BNR exchange rate the day the order is placed or the pro-forma invoice is issued.
5.11. xServers accepts PayPal payments. In order to make the payment by this method the client has to wait for e specific invoice through PayPal. Before issuing the invoice, xServers may ask for copies of IDs of the order issuer and the PayPal account holder. xServers can refuze to issue a PayPal invoice even if the client sent copies of all the requested documents, without offering explanations regarding this decision. In case PayPal refuses or returns the payment, xServers will definitively close the service and may initiate a private and independent investigation with implication of Romanian or other country legal authorities. Ulterior collaboration with a client involved in such situation remains at the discretion of xServers. xServers holds the right to refuse without any additional explanation.
5.12. Online Payment - momentarily the services cannot be payed by credit card..

6 LIMITS OF THE CONTRACT.

6.1. The beneficiary will not be able to sign the contract and use the service for:

i) resell or release the service toward third parties, without the written aproval of xServers;
ii) provide telephony services through the internet if the service is furnizarea de servicii de telefonie prin internet daca serviciul este utilizat pentru terminarea apelului de voce in reteaua xServers sau in reteaua altor operatori de telecomunicatii si
iii) in a counter manner regarding the domain practice or the legal framework..

6.2. In the purpose of limiting abusive use of the network or to ensure a proper level for the service for all the beneficiaries, xServers will be able to legitimately limit certain parameters of the service, like the data transfer speed, access to certain services etc. for one or all beneficiaries. xServers cannot be held responsible for the improper use of the services or for the use of services in other purposes than the ones depicted in the current contract, accordingly to the in force legal legislation.
6.3. The beneficiary os obliged to use in a legal manner the service. The beneficiary will not launch and will not permit any action that can harm the security of the xServers network , of the internet network, the xServers equipments and the equipments of third parties connected to he network or any other action that oposes to the normal use of the services to be launched .In these cases the responsibility for any damages solicited by third parties is entirely the beneficiary's obligation..
6.4. xServers reserves the right to suspend the client's access to the provided service without any prior notice if the assigned resources are exceeded and the client ignores all the messages regarding this fact. The access will be granted only after the stored data content on xServers equipments is adjusted so that it can not exceed the assigned resources, function of the contracted service or after an upgrade order is placed and the payment for the pro-forma invoice issued is completed.

7. PRIVACY. PROCESSING OF PRIVATE CHARACTER DATA.

7.1. xServers ensures privacy for the private character date provided by the Beneficiary or solicited from him, except the situation when this data is disclosed with the prior agreement from the Beneficiary, on the basis of the current contract, at the request of authorized third parties or for performing services by third parties (printing and/or delivery of invoices, debt collecting services etc.) regarding the pursuance of the contract.
7.2.The beneficiary agrees that the private character data, including the personal identification number, are to be processed in pursuance of the current contract, respectively for activation, billing, client relation, the debt collection, verification that the clauses of the contract are respected etc, registration and reservation of domain names for the Beneficiary, as well as promotional purposes, with respect regarding the Beneficiary's legal rights. In case these are performed by third parties, the private character data will be communicated regarding the pursuance of the current contract. The beneficiary will be able to revoke the agreement regarding the disclosure of his private data in promotional purpose, at the moment the contract is signed, in a separate written application or later, in a witten application delivered to xServers following the conditions described in the current contract.
7.3. Regarding the processing of the private character data in promotional purposes, the beneficiary has, on a written application basis the following legal rights: a) right to be informed, b) right to access the data, c) right to intervene on the data, d) right to opose, e) right to not be subject of an individual decision and f) right to address the justice.

8. OBLIGATION OF THE PARTS.

8.1. OBLIGATIONS OF THE BENEFICIARY
i) to ensure that the rates representing the equivalent of the servives described in the current contract are payed regulary;
ii) to not use or permit any other person or groups of persons to use the Services or the Provider's network to receive or broadcast informational materials that infringe on the in force provisions, does not respect the privacy right or any other ownership right or is ilegal in any way.;
iii) to not broadcast, by the means of the services provided by the contract, any electronic material that can harm any of the computing system property of the provider or property of any other internet or xServers network users;
iv) to not disclose the access password to any other persons than the authorized ones.Also, the beneficiary is obliged to assist the provider in the purpose of securing access to the services and servers of the provider and to communicate the provider any action that has come to his knowledge and represents or could represent an atack to the security and ethics of the internet network;
v) to obey the rules of the international networks when uses the services of the provider to access them;
vi) to not use in an abusive manner the provider's equipments, leading to disturbance in their functioning;
vii) to pay for any costs, fees or expences driven from prejudices of any nature raised to the provider or to third parties due to inobservance of thes obligations, in case the culpabilty is proven.
viii) to ensure bak-up to every data and information hosted on the provider's equipment, xServers being in no way responsible for loss or alteration of these data, no matter these intervene.
ix) to respect the previsions of the current document for every type of service.

8.2. OBLIGATIONS OF THE PROVIDER
i) to ensure proper functioning of the communication node and the equipments that manages and to take all the necesarry measures to guarantee the availability of the services;
ii) to provide the services detailed in the current contract and to execute upon request the initial installation and the associated configurations, inside the term provided in the contract;
iii) to remedy any disfunctionality in the services' functionality due to the disturbances in the equipments in its property inside the term of 2 days from the notification received by email regarding these disfunctionalities. The provider does not hold this obligation if the disturbance is caused by events that are not under its direct control;
iv) access services to internet are accessible 24 hours a day. Certain access points, servers, part of the network or the enire network can be closed for procedure repairs or maintenance. These operations are performed by the provider inside the planned time schedule and announced to the beneficiary at least 48 hours before they take place.
v) to ensure: online support at tehnic@xservers.ro, telephone support at 0755038875 between 10:00 and 18:00 from Monday to Friday; non-stop intervention for solving specific provider problems. (exp: breakdown of an internet channel, hardware failure in datacenter etc.).

9. WARANTIES

9.1. The provider is not responsible for data loss or any other economical loss, direct or indirect, indifferent the type, resulted from eventual delays, unsuccessful transfers or interruptions of the services provided by the current contract, caused by events that are not under the direct control of the provider or caused by errors or omissions from the beneficiary or the human errors in operating the xServers equipments caused by any of the parts.
9.2. The provider does not have the capability to exercise control and does not assume responsibility for the content of the data that is broadcasted through its network or by means of the services provided by the current contract.
9.3. The provider does not guarantee total security of the data stored on its own equipments neither regarding keeping their integrity against prejudice that can appear due to phicical defects of the equipments nor regarding keeping their integrity against malitious software atack, internal or external source. The responsibility for back-up on data hosted on xServers equipments is entirely the clients's obligation.
9.4. The provider does not guarantee functionality without interruptions or compatibility with all types of equipments or configurations for the created/ provided under license software.
9.5. The provider will not be held financially responsible for eventual damages caused to the beneficiary, due to inadvertences resulted from non-insurance of the services provided by the current contract or by the intervention fof any event or series of two or more events interconnected.
9.6. Except the waranties stipulated in this contract, all other derived waranties are excluded to the legal limits.

10. COMPLAINTS

The beneficiary will communicate complaints regarding the defective pursuance of the contract to xServers, in writing, accordingly to the previsions of the current contract, in term of mximum 30 calendar days from the beginning of the complaint issue. The complaint will be solved in 30 days from the registering date, followed by the communication of the solution only if the complaint is rejected; the solution can be disputed accordingly to the in force legal provisions. Filling and registering a complaint does not suspend the beneficiary's obligation to pay the amounts due.

11. CONTRACTUAL RESPONSIBILITY

11.1 The beneficiary takes upon the responsibility tot respect the payment terms according to art. 2 and in case of delay of the payment, the Provider is entitled to ask to the beneficiary a penalty of 0,6% from the amount due for every day the payment is delayed, penalties calculated for the due amounts or delayed payments. Penalties are being calculated until the debt is payed and can be billed at any moment while the contract is running.
11.2.In case the Contract is ceased before the initial or prolongued period expires, without respecting the warning term, as a result of the beneficiary's lack of complying to the contractual obligations or at the beneficiary's demand, in compliance with the contractual previsions, if this has, at the date the contract cease, due and unfulfilled obligations towards xServers, the beneficiary can be obliged to pay compensation for not complying with the active period of the contract, representing the equivalent of the services' fee for a period of 3 ( three) months or for the period due to the termination of the contract, whichever is the smallest, for the service that was solicited to be stopped.
11.3. In case the Contract is ceased before the initial or prolongued period expires and the client didn't recover the data stored on the xServers equipments, xServers can ask for a fee of 50 Euro +VAT for recovering the data hosted on xServers servers if the Beneficiary is interested. Paying this fee does not guarantee the total recovery of the data the client has stored on xServers equipments.
11.4. For not complying with the previsions mentioned in the Contract or the legal provisions regarding the current Contract, the beneficiary can be obliged to pay compensation until the entire prejudice caused to xServers is covered..

14.5. The Beneficiary agrees that the entire responsibility of the provider, of the intallation operations, remedy and management for any Service(s) provided by this contract and any contravention of this Contract is limited only to the amount payed for the Service(s). The provider and its subcontractors are not responsible for any prejudice, direct, indirect, acccidental, specific or resulted from using or capability of using of the Services or for the cost of purchasing substitute services. The provider and its subcontractors are not responsible for any/all losses or any other accusation that results in pursuing the contract, but not limited at:

- losses or accusations resulted in delay or interruption of access;
- losses or accusations resulted by lack of transmision of entire or partial data;
- losses or accusations resulted by errors, omissions, incorrect allegations about any or all the serviced provided by this agreement;
- losses or accusations resulted by developing operations or interruptions of own web or mail services.

11.6.The beneficiary takes upon the responsibility tot respect the payment terms according to art. 2 and in case of delay of the payment, the Provider is entitled to ask to the beneficiary a penalty of 0,6% from the amount due for every day the payment is delayed.
11.7.The beneficiary of a shared-hosting account will not send more than 200 Mail per hour / per domain.

12. CEASE OF CONTRACT

12.1. The present contract ceases: a) by agreement of parts; b) when the initial or prolongued contractual period expires, on condition a written notification is sent from the Beneficiary by confirmed registered letter, at least 2 months before it expires; c) as of right, without delay and without the any intervention from a law court if the Service is not activated and/or the Beneficiary does not comply with any contractual obligation for 30 days. Lack of payment for a service that was billed separately, that is part of a contracted product, means that the Beneficiary does not comply with the contractual obligations.
12.2. The Contract can be denounced by the Beneficiary befor the expiration of the initial or prolongued contractual period, without any compensations in the following cases: (i) xServers stops provinding the service; (ii) by written notification sent to the provider at least 15 days before the end of the current month. Cancellation starts to operate at the end of the month the notification was made. Cancellation will have no effect upon the due obligations of the Beneficiary.
12.3. The contract can be unilateral canceled in the situation the client has an unadequate behaviour, threaten or verbally abuses one or more xServers emploees, damages in any way CLAX TELECOM, xServers brand, the company's emploees or its patrimony.
12.4. Cease of the contract will have no effect upon the due obligations of the parts at the time of the ceasing or upon the obligations that survive by their nature the cease of the contract.

13. CESSION OF THE CONTRACT. NOVATION OF THE CONTRACT.

The Beneficiary does not own the right to cession or novate, entirely or partially, the rights and obligations resulting from the present contract, without the prior written agreement of xServers. Lack of written agreement is considered refusal to consent to cession or navation, entirely or partially, of contractual rights and obligations.

14. CAUSE BEYOND CONTROL

The parts will not be responsible for any delay or lack of execution ofthe assumed obligations that are a result of unpredictable events and whose consequences are irremovable. Delay or lack of execution of obligations due to these reasons cannot be considered inobservance of the parties obligations.

15. MODIFYING THE CONTRACT

xServers reserves the unilateral right to modify articles from the contract, offering the possibility to the clients to disagree with the new modifications; these, in case they refuse to accept the new modifications, benefit for 15 days of free contracted service, in the old contractual form. Payment of pro-forma issued towards the BENEFICIARY reprezents agreement for the modifications made by the PROVIDER. Rates Modification. In case rates for the services modify, the PROVIDER will issue the new pro-forma to the BENEFICIARY with the new prices. Payment by the BENEFICIARY of the pro-forma invoice reprezents agreement for the new prices. In case the BENEFICIARY disagrees with the new rates, the contracted service will be provided for free for the next 15 days from the pro-forma was issued, afterwards the PROVIDER will stop providing the service.

16.COMMUNICATIONS

All communications that will be sent by xServers on contractual bases, including the ones regarding rates modification, will be communicated to the Beneficiary by one or morea of the following means: e-mail, invoice, Postal Services, mass-media or any other broadcasting method that permit the information to reach the Beneficiary.

17. LITIGATIONS

The parts agree that all litigations resulting in cease, validity, execution and cancellation of the current contract that have not been solved in an amiable manner will be solved by the law court that has the capacity to solve these litigations.