Terms and Conditions
2webservices.com is a provider of online intermediation services and a state-of-the-art platform and marketplace (“Site”), part of 2websoftware & services, and offered by 2WEB INTERNATIONAL SERVICES S.R.L., a limited liability company, incorporated and functioning according to Romanian laws, having its registered office in Romania, Vrancea County, Focșani City, 15 1 Iunie Road, room 1, block H6, 2nd entrance, 3rd floor, ap. 33, registered with Vrancea Trade Registry under no. J39/911/2018, Sole Identification Code 39091519, represented by Andreea Avrămescu – Director, e-mail address contact@2webservices.com (“Company” or “we” or “us”).
These Terms and Conditions represent the contract between the Company and you – please read the Terms and Conditions below depending on your particular situation.
By ticking the box related to these Terms and Conditions before using the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions.
Website availability
In addition, Customer acknowledges and agrees that the Website will not be available continuously for 24 hours due to such delays or delays caused by the updating, modification or standard maintenance of the Website by the Company.
Intellectual property rights
No rights, titles or interests in or for the online course or any part thereof are transferred to any Member, and all rights not expressly granted herein are reserved by the Company.
Company name, company logo and all names, logos, product and service names, associated designs and slogans are trademarks of the Company. The member may not use such marks without the prior written permission of the Company.
Company obligations
Applicable law and location
Rights and restrictions
By agreeing to these Terms and Conditions, you represent and warrant to us:
- if applicable, if you are using the Service on behalf of a legal entity or an authorized individual, you represent and warrant that you have the capacity to represent and to bind the respective legal entity/authorized individual to these Terms and Conditions;
- if applicable, you are either a legal entity or an authorized individual who can execute legally binding contracts;
- you are at least 18 (eighteen) years old or have otherwise reached the age of majority in the relevant jurisdiction in each case who can execute legally binding contracts;
- you comply with any registration, licensing, or other requirements with respect to your business, or the business for which you are acting, and the provision of your products and services;
- that your use of the Service is in compliance with any and all applicable legislation.
USE OF SERVICE
In order to use the Service, you agree to the following:
The Service and any part thereof contain proprietary content that is protected by applicable intellectual property legislation and other laws, including copyright;
You will not violate any right pertaining to binnno or to a third party;
You agree not to perform any fraudulent activity, and not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other individual or legal entity, and that Company is not in any way responsible for any such use by you, nor for any threatening, defamatory, offensive or illegal messages that you may receive as a result of using the Service;
You will comply with any applicable legal provisions.
PAYMENT METHODS
Customers must provide account information for at least one valid payment method. Customers hereby authorizes 2webservices to process this account information for the purpose of providing the Service, as further detailed within our Privacy Policy, and to charge the Service Fee and, as applicable, any other amounts owed under the Terms and Conditions.
By providing payment method information through the Site and authorizing payments with the payment method, Customers represent and warrant that: (a) Customer is legally authorized to provide such information; (b) Customer is legally authorized to make payments using the payment method; (c) if Customer is a representative of legal entity that owns the payment method, that Customer is authorized by the legal entity to use the payment method to make payments on 2webservices; and (d) such actions do not violate the Terms and Conditions or applicable law.
When Customer authorizes a payment method, it represents and warrants that there are sufficient funds available to complete the payment using the designated payment method. To the extent that any amounts owed under these Terms and Conditions cannot be collected from Customer’s payment method, Customer is solely responsible for paying such amounts by other means.
2webservices is not liable towards any Customer if 2webservices does not complete a transaction as a result of any limit provided by applicable law or a financial institution, or if a financial institution fails to honor any account operation to or from an account associated with such payment method.
The Service operates in Euro and Lei currencies. You acknowledge and agree that payments between Romanian residents must be made solely in national currency, i.e. Lei. If a Customer’s payment method is denominated in a currency other than Euro or Lei and requires currency conversion to make or receive payments in Euro or Lei, the Customers undertake full responsibility in terms of foreign currency conversions or currency fluctuations, and 2webservices shall be exonerated from any and all responsibility related to exchange differences.
INTELLECTUAL PROPERTY
Intellectual property rights refer to any and all trademarks, copyright, patents, designs, inventions, discoveries, industrial models, utility models, commercial names, domain names, rights over databases, any other intellectual property rights, irrespective of whether these are registered or not that are displayed on the Site, and which may belong to 2webservices or to third-parties. These may not be used in any manner, or for any purpose, without 2webservices’s express prior written permission, except as provided for herein. All other trademarks and registered trademarks are the property of their respective owners.
Subject to the express prior written consent of 2webservices or of the relevant third-party, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Site/ Service without prior written authorization or in any way exploit the Site/ Service or any part thereof.
2webservices hereby grants you a non-exclusive, non-transferable, limited license to use the Site solely in order to benefit from the Service, in any territory. Except for the license expressly granted by and to you under these Terms and Conditions, no other rights or licenses, are granted or shall be deemed to be granted under these Terms and Conditions, either expressly, or by implication. All rights not expressly granted by Company in these Terms and Conditions are expressly reserved.
Notwithstanding other provisions herein, Customer’s intellectual property rights over their trademarks, logos, designs and any other intellectual property rights shall remain their exclusive property. Customers hereby grant the Company a license to publish, distribute and use such intellectual property works during their entire contractual relationship.
INDEMNITY
You are responsible for your use of the Service, and you agree to defend (at Company’s option) and indemnify Company and its directors, shareholders, employees, contractors, consultants, affiliates, service providers, business partners, subsidiaries and empowered representatives from and against any claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- Your violation of any of these Terms and Conditions, any representation, warranty, or agreement referenced in these Terms and Conditions, or any applicable law;
- Your violation of any third-party right, including any intellectual property right or confidentiality right; or
Any dispute or issue between you and any third party, including any Customer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your use of the Service is at your sole risk. The service is provided “as is” and “as available” without warranties of any kind either express or implied. All representations and warranties, whether express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed by Company to the maximum extent permitted by applicable law. Company makes no representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service. To the full extent permitted by applicable law, Company does not represent or warrant that the use of the Service will be secure, timely, uninterrupted or error-free or will operate in combination with any other hardware, software, system or data; that the Service or any products or services obtained by you through the Service will meet your requirements or expectations; or that the Service or the server(s) that make the Service available are free of viruses or other harmful components.
Service may be subject to limitations, delays, and other issues inherent in the use of the Internet and electronic communications, and Company is not responsible for any delays, delivery failures, or other damage resulting from such issues.
In no event shall Company’s aggregate liability exceed the binnno Fees actually paid by you in the one (1) year period immediately preceding the event giving rise to such claim. In no event shall Company be liable for any indirect damages.
The Service connects Customers for commercial purposes, and Company will not assess the suitability, legality or ability of any Customers and you expressly waive and release Company from any and all liability, claims or damages arising from or in any way related to the Customers. Company will not assess the quality, safety, or legality of the products you intend to dispatch towards a recipient via the Service, and you expressly waive and release Company from any and all liability, claims or damages arising from or in any way related thereto. Company will not be a party to disputes or negotiations of disputes, between you and any Customers. Responsibility for the decisions you make regarding products and services offered via the service (with all their implications) rests solely with you. In addition, we will not assess the suitability, legality or ability of any third parties and you expressly waive and release Company from any and all liability, claims, causes of action, or damages arising from your use of the Service, or in any way related to the third parties you connect with through the Service.
The quality of the products/ services intermediated through the use of the Service is entirely the responsibility of the third-party Customer who ultimately provides the respective products/ services to you.
FORCE MAJEURE
Force majeure exonerates you or the Company, if notified in writing within 5 (five) days from its occurrence, to the extent the party invoking a case of force majeure is unable to perform its obligations. In the event that the case of force majeure does not cease within 15 (fifteen) days from the date on which it occurred, the parties shall discuss and establish the conditions for the subsequent performance or termination of the contract.
If the circumstances of the case of force majeure last for more than 6 (six) months, each of the parties has the right to terminate the contractual relationship, notifying the other party in this respect.
Force majeure means all forces of nature, war (declared or undeclared), invasion, revolution, insurrection, strikes, pandemic, telecommunications or Internet failures, legal requirements or restrictions imposed, and any factors beyond the control of the parties.
NOTICES
Company may use the following means of communication with you: e-mail to the e-mail address listed on your receipt. It is your obligation to update your account information so that we may contact you as may be necessary.
You may give notice to Company to the following e-mail address: contact@2webservices.com
ASSIGNMENT
Unless otherwise agreed between you and the Company, you may not assign or transfer these Terms and Conditions or your rights under these Terms and Conditions, in whole or in part, without our prior written consent. We may assign these Terms and Conditions in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this clause shall be null and void.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Disputes between the Company and Customers shall be amicably settled. Any notice regarding a complaint must include pertinent account information, a brief description of the claim, and contact information, so that 2webservices may evaluate the claim and attempt to amicably resolve the claim.
If the parties cannot settle the dispute within 30 (thirty) days as of its occurrence, the interested party can submit a file with the competent Romanian court of law.
Customers may submit a written complaint with the Company via e-mail, and the latter will process such complaint within a maximum 30 (thirty) days’ time period, depending on the nature and complexity thereof. For instance, complaints may concern technological issues or aspects related to Company’s conduct. The Company will communicate to the complainant the outcome of the internal complaint-handling process, in an individualized manner.
Company is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between the Customers and/or other third party.
SEVERABILITY
If any term, provision, covenant, or condition of these Terms and Conditions shall be found to be illegal or otherwise unenforceable, this finding shall not invalidate the whole of these Terms and Conditions. Rather, the remainder of the Terms and Conditions shall remain in full force and effect, and the offending provision shall be deemed modified to the extent necessary to render such provision or the rest of the Terms and Conditions enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent permissible the parties’ intent set forth in the original Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions set forth the entire agreement and understanding between you and 2webservices relating to the subject matter hereof and cancels and supersedes any prior discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof. This clause is without prejudice to any separate agreements or contracts between you and us regarding other subject matters. As applicable, these Terms and Conditions shall be supplemented by information published on the Site from time to time and by relevant legal provisions.
AMENDMENTS TO TERMS AND CONDITIONS
2webservices reserves the right to update or modify the Terms and Conditions at any time without prior notice, whenever required by mandatory legal provisions, and such changes will be effective immediately upon being published through the Service.
The Company shall notify via e-mail the Customers of any proposed changes of these Terms and Conditions, with the observance of at least 15 (fifteen) days’ notice term. Depending on the particular situation, Company shall grant longer notice periods when this is necessary to allow Customers to make technical or commercial adaptations to comply with the changes (for instance, where entire features of the Service that are relevant for Customers are removed or added or where Customers might need to adapt their products or re-programme their services to be able to continue to operate on the Service).
The Customer shall have the right to terminate this contract with the Company before the expiry of the notice period. Such termination shall take effect within 15 (fifteen) days from the receipt of the notice, unless a shorter period applies to the contract.
The Customer concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to above at any moment from the receipt of the notice from Company. In principle, during the notice period, submitting new products or services, including software applications, to Service shall be considered clear affirmative action to waive the notice period, except in cases where the reasonable and proportionate notice period is longer than 15 (fifteen) days because the changes to the Terms and Conditions require the Customer to make significant technical adjustments to its products or services.
The notice period set out above is not applicable where the Company is subject to a legal or regulatory obligation which requires it to change these Terms and Conditions in a manner which does not allow it to observe the notice period referred to above or it has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to defending the Company, Customers or Customers from fraud, malware, spam, data breaches or other cybersecurity risks.
2webservices will not impose retroactive changes to Terms and Conditions, except when 2webservices is required to respect a legal or regulatory obligation or when the retroactive changes are beneficial for the Customers.
Ticking the box regarding your acceptance of the changed Terms and Conditions following any such change constitutes your agreement to be bound by the modified Terms and Conditions.
