Terms & Conditions - ZWS

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1. DEFINITIONS AND TERMS

ZADA WEB SYSTEMS – is the trade name of the company ZADA WEB SYSTEMS SRL., a Romanian legal entity with its registered office in Bucharest, Sector 1, Strada ȘCOALA FLOREASCA, Nr. 34, CAMERA 1, Bloc LOT A, Floor 1, Apt. LOT 3., registered at the Trade Register Office under no. J40/12110/2022 as of 27.06.2022. Tax ID 46368745, holding IBAN account no. RO95BRDE445SV02735594450, opened at BRD Bank, Dorobanti branch, Bucharest.

Seller – zadawebsystems.com

Buyer – can be any natural person over the age of 18 or a legal entity or any legal entity making an Order.

Client – can be any natural person over the age of 18 or legal entity who has or obtains access to CONTENT, through any communication means provided by Zada Web Systems (electronic, telephone, etc.) or based on an existing usage agreement between Zada Web Systems and this entity, requiring the creation and use of a Client Account.

User – any natural person over the age of 18 or legal entity registered on the Site who, by completing the Client Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.

Nickname – a pseudonym by which a specific User/Client/Buyer can add Content to the Site. The Nickname is associated with the information in the Site of the User/Client/Buyer under the name “Username.”

Account – the section of the Site consisting of an email address and a password, allowing the Buyer to submit Orders and containing information about the Client/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Service warranties, etc.). The User is responsible for ensuring all information entered when creating the Account is correct, complete, and updated. On the Site, an individual or legal entity may create only one Account;

Favorites – a section of the Account allowing the Buyer/User to create a list of Services they want to track for potential purchase using the tracking service offered by the Seller by receiving Commercial Communications from the Seller, which they can later delete or add to the shopping cart (“My Cart”).

My Cart – a section of the Account allowing the Buyer/User to add Services they wish to purchase at the time of addition or at a later time; if the Services are not purchased when added through placing the Order, the Buyer/User will benefit from the tracking service offered by the Seller by receiving Commercial Communications from the Seller.

Site – the online store hosted at the web address zadawebsystems.com and its subdomains

Order – an electronic document acting as a form of communication between the Seller and the Buyer through which the Buyer communicates to the Seller, via the Site, their intent to purchase Services from the Site.

Services – any product listed on the Site, including the products mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.

Campaign – the act of displaying a finite number of Services for commercial purposes, with a limited and predefined stock and/or for a limited time set by the Seller.

Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content – represents:

Illegal Content – any Content that does not comply with the current legal regulations or this Document. For more details about types of Illegal Content and the procedure for reporting suspicions regarding potentially Illegal Content displayed on the Site, refer to the section “Digital Services Regulation (Digital Service Act)”.

Document – these Terms and Conditions.

Commercial Communications – any type of message sent (e.g., email/SMS/phone/mobile push/web push, etc.) containing general and thematic information, information about products similar to or complementary to those you have purchased, information about Zada Web Systems offers or promotions, information about Services added in the “Account/My Cart” or “Account/Favorites” section, as well as other commercial communications such as market research and opinion polls.

Transaction – the collection or refund of an amount resulting from the sale of a service by Zada Web Systems to the Buyer, using the services of the card processor approved by the Seller, regardless of the delivery method.

Specifications – all specifications and/or descriptions of services as indicated in their description.

“Selling Price” means the value of the Good claimed and requested by the Seller, to the Buyer/Client/User, appropriately highlighted in the product page on the Site. The Seller may distinctly display, in a visible manner, the monetary value difference between the Selling Price and PRP and/or the monetary or percentage difference between the Selling Price and the Cut Price. The Selling Price is valid within the limits of the available stock of the Good.

2. CONTRACTUAL DOCUMENTS

2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or email) through which the Seller conducts its commercial operations.

2.2. The notification received by the Buyer after placing the Order serves as information and does not represent acceptance of the Order. This notification is made electronically (email) or by telephone.

2.3. For justified reasons, the Seller reserves the right to modify the quantity of services in the Order. If the quantity of Services in the Order is modified, the Seller will notify the Buyer at the email address or phone number provided by the Buyer when placing the Order and will refund the paid amount.

2.4. The Contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives an email from the Seller with the subject “New Organization Created,” which includes temporary password content (automatically generated by the system). After clicking the link in the email and entering the temporary password, the system will prompt the user to create a new, unique password.

2.5. The document and information provided by the Seller on the Site will form the basis of the Contract for any services in the range of: Web Hosting; Online Domains; SSL Certificates; Qualified Electronic Certificates.

2.6. For services such as presentation websites, e-commerce solutions, CRM solution development, or the development of any application/plugin/software, a Service Agreement template and its Annexes will be sent through a signing process. The client is obliged to sign these if they agree with the clauses and wish to continue the collaboration with Zada Web Systems.

3. ONLINE SALES POLICY

3.1. Communication with the Seller can be done through direct interaction or using the contact details mentioned in the “Contact” section of the Site. The Seller has the liberty to manage the information received without having to provide justifications for this.

3.2. Zada Web Systems may publish on the Site information about Services and/or promotions offered by it or by any third party with which Zada Web Systems has partnership contracts, for a certain period or within the available stock limit.

3.3. All rates for the services presented on the Site are expressed in RON and include VAT.

3.4. In the case of online payments, the Seller is not/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the Buyer’s card issuing bank, if the currency of issuance differs from RON. The responsibility for this action lies solely with the Buyer.

3.5. All information used to describe the services available on the Site (static/dynamic images, multimedia presentations, etc.) does not represent a contractual obligation of the Seller, being used exclusively for presentation purposes.

4. ABUSIVE USE AND CORRECTIVE MEASURES

4.1. Access to use the Site and place an Order is permitted to any User/Buyer, as long as they use the Site in accordance with this Document and applicable regulations.

4.2. Abusive use of the Site or for purposes other than those expressly authorized by Zada Web Systems is prohibited, and Zada Web Systems will not be responsible for any damages caused by unauthorized use. In particular, the following actions are prohibited:

  1. Failure to meet payment obligations or any other obligations towards Sellers or Zada Web Systems;
  2. Placing Orders for purposes other than purchasing Services;
  3. Providing false, inaccurate, or outdated information when creating an Account, including indicating a false identity by any means (e.g., using an email address, name, pseudonym, or otherwise);
  4. Creating multiple Accounts by the same individual or legal entity;
  5. Failing to maintain the confidentiality of login details for the Account;
  6. Undertaking actions that are illegal, immoral, against public security, or other actions or omissions that violate applicable regulations;
  7. Using any type of external software tool that may disrupt the normal operation of the Site;
  8. Attempting to interfere with the operation of hosting servers or the Site in any way;
  9. Assigning, copying, decompiling, or attempting to discover the source code of the Site or its content;
  10. Using any robot, algorithm, or other automated means to read the source code or extract data from the Site;
  11. Attempting to test or scan the vulnerability of any system on the Site, accessing any servers or services on the Site that are not public, without authorization, including attempting to interfere with the operation of hosting servers or the Site in any way;
  12. Publishing content that praises, promotes, encourages, or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-harm, suicide, torture, animal cruelty, justifies war crimes, or the sexual exploitation of children and/or adults, cultures, or other illegal Content;
  13. Engaging in actions capable of harming the interests of Zada Web Systems, directly or indirectly, by any means, including but not limited to making injurious statements aimed directly or indirectly at Zada Web Systems, its employees, representatives, or partners, as well as regarding the IT system provided by Zada Web Systems, adopting public positions that may negatively impact Zada Web Systems or the services it provides;
  14. Using the Site for any illegal or unauthorized purpose or involving, encouraging, or promoting any illegal activity or activity that violates this Document, as well as any other conduct or activity on the Site that could justifiably harm Zada Web Systems, other Users/Buyers, Sellers, or other third parties (e.g., confidentiality, confidential information, or intellectual property).

4.3. For justified reasons, in case of non-compliance with the provisions of this Document or legal provisions, Zada Web Systems reserves the right to apply one or more corrective measures, such as:

  1. Suspension or closure of the Account or restriction of access to the Site or Site functionalities (e.g., in the case of repeated or serious violations, such as providing false information when creating the Account or using someone else’s personal data);
  2. Limitation or suspension of the User/Buyer’s access to place Orders (e.g., in case of frequently placing false Orders that are subsequently canceled);
  3. Restricting the User/Buyer’s access to certain accepted payment methods (e.g., in case of multiple Orders where the chosen payment method proves to have insufficient funds to fulfill the Orders);
  4. Suspending visibility or deleting published information (e.g., if it contains offensive, insulting, or discriminatory remarks, or if the requirements are not met);

4.4. Additionally, Zada Web Systems may suspend the processing of complaints or grievances submitted through the Site under art. 20.2 or complaints sent via the internal complaint resolution system under art. 20.3 for individuals who frequently send complaints, grievances, or complaints that are clearly unfounded or excessive, especially due to their repetitive nature.

4.5. To detect violations, Zada Web Systems may use automated software or technology, or checks may be carried out manually by a person. In any situation, the decision regarding a violation and/or the application of a corrective measure is made by a person.

4.6. Any examples provided by Zada Web Systems in this Document, including those relating to prohibited actions or corrective measures, are purely illustrative. Corrective measures adopted by Zada Web Systems may vary depending on each situation, being tailored to the specific circumstances of each case.

4.7. Corrective measures will be proportionate and will take into account the interests of the parties involved, as well as all relevant facts and circumstances arising from the information available to Zada Web Systems, including:

  1. Frequency of violations - the absolute number of illegal Content elements or clearly unfounded notifications or complaints submitted within a specific timeframe and their relative proportion to the total number of information provided or notifications submitted within a specific timeframe;
  2. Severity of the violation, including, if applicable, the nature of the illegal Content and its consequences;
  3. Where identifiable, the intent of the person who committed the violation.

4.8. Corrective measures will be taken with prior notice to the affected person. However, in exceptional situations where the nature of the violation requires it, Zada Web Systems may take corrective measures without prior notice. Zada Web Systems will immediately inform the affected person about:

  1. The corrective measure and, if applicable, its duration;
  2. The reasons and facts that led to the corrective measure;
  3. Information on whether the measure was the result of an automated action or received notification;
  4. Facts and legal basis, or relevant provisions of this Document that the measure is based on;
  5. Available remedies.

The above-mentioned information will not be provided if doing so would violate the law or an order from an authority, or if such disclosure could disrupt an investigation.

4.9. In any of these cases, the affected person may contact the Zada Web Systems Customer Relations Department or use the contact form to inquire about the reasons for the measures mentioned above.

  1. Email Sending Policy

4.10 Each hosting account is limited to sending no more than 250 emails within 60 minutes/domain. This limitation is necessary to maintain the quality of the hosting service.

4.11 Exceeding the email limit results in the immediate suspension of the hosting account. To reactivate the account, the Beneficiary is required to pay a penalty of 25 EURO + VAT. For each suspension, the Beneficiary must pay the penalty.

4.12 Repeated violations (more than three times) of the email-sending policy result in the immediate termination of the hosting account, without the possibility of reactivation. In this case, the Beneficiary is required to pay a penalty of 1,000 EURO + VAT.

4.13 The Beneficiary is prohibited from sending bulk and/or unsolicited commercial email messages using the Provider’s services or referring to Zada Web Systems S.R.L. or any site hosted by the Provider (“SPAM”). Identifying an account engaged in SPAM activities automatically results in its deletion without the possibility of data recovery.

  1. Rights and Obligations of the Parties

5.1 Rights and Obligations of the Client

The Client is obliged to:

 1.- ensure the proper use of the web server and facilities provided by the provider, and not

cause damage or harm to the provider through incorrect use of the services offered,

 2.- not disclose access passwords to the FTP account of the site to unauthorized persons,

 3.- not use the services for illegal purposes or to support illegal activities,

 4.- use the services provided by the provider in such a way as to not violate the legislation in force

regarding the protection of minors and copyright protection,

 5.- not send unsolicited commercial emails and "bulk-email" (SPAM), and not

send more than 5 automatically generated emails per minute,

 6.- not access the accounts of other clients without authorization,

 7.- use the services provided by the provider in such a way as to not distribute computer viruses,

 8.- not use programs that disrupt the proper functioning of the provider's activities,

 9.- not engage in audio or video streaming,

 10.- perform backups of the data in the hosting account. The provider is not responsible for

the loss of client data due to failure to perform backups,

 11.- cease any activities by removing or blocking access to information on

the pages hosted on the provider's servers that third parties claim to be illegal (regarding

violations of copyright or the rights of other persons, etc.),

 12.- respond to the provider's requests regarding complaints made by third parties about

the conduct of illegal activities within 5 days of receiving the notification by email,

 13.- provide the provider with identification data and a valid email address. The client

declares that the data provided to the provider are real and belong to them.

The Client has the right to:

 1.- use the facilities provided by the hosting service listed in Annex 1, under the conditions

of this contract,

 2.- report any irregularities or errors that prevent the proper functioning of the site

related to its hosting,

  1. - benefit from the possibility of daily backups of the data on the server

5.2 Rights and Obligations of the Provider

The Provider is obliged to:

 1.- provide the space for hosting the client's website, accompanied by the features listed in

the package chosen by the Client.

 2.- maintain the client's domain accessible via http, guaranteeing system availability (uptime)

of at least 99% per year, starting from the activation of the domain(s) or hosting.

 3.- ensure the confidentiality of the client's access passwords or email passwords.

 4.- resolve technical issues that prevent the normal functioning of this service and that fall

under the provider's responsibilities (server technical issues, incorrect configurations made

by the provider, aspects not in accordance with those described in the contract or Annex 1).

 5.- use all available means (within the limits of possibilities) to meet the client's

requirements by ensuring a professional, safe, and stable environment.

The Provider has the right to:

 1.- request any type of document that proves the client's identity; the client will notify the

provider of any changes to this data occurring during the contract period, within 72 hours

of the changes taking place,

 2.- suspend the provision of the service in case of non-payment of pro forma invoices or non-compliance

with the contract terms by the client, especially those stipulated in section 5.1 of the contract.

 3.- apply penalties of 5% of the contract price for each day of non-payment. Resuming the

contract will only be possible after paying all arrears, any penalties, and an advance payment

representing the value of the subscription for at least 3 (three) months.

 4.- delete the account and all client files from the server if the client fails to pay

the contract value within 15 days of account suspension.

 5.- select its clientele.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

6.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text, and/or multimedia content displayed on the Site, is the exclusive property of Zada Web Systems, which reserves all rights obtained in this regard directly or indirectly (through licenses for use and/or publication).

6.2. The Client/Buyer/User is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the original context intended by Zada Web Systems, include any Content outside the Site, remove markings that signify the copyright of Zada Web Systems on the Content, as well as participate in the transfer, sale, distribution of materials made by reproducing, modifying, or displaying the Content, except with the express written consent of Zada Web Systems.

6.3. Any Content to which the Client/Buyer/User has and/or obtains access by any means is subject to this Document unless the Content is accompanied by a specific and valid usage agreement concluded between Zada Web Systems and the Client/Buyer/User and without any implicit or expressly formulated warranty from Zada Web Systems regarding that Content.

6.4. The Client/Buyer/User may copy, transfer, and/or use Content solely for personal or non-commercial purposes, only if these do not conflict with the provisions of this Document.

6.5. If Zada Web Systems grants the Client/Buyer/User the right to use specific content described in a distinct usage agreement, to which the Client/Buyer/User gains access as a result of this agreement, this right applies solely to the content defined in the agreement, only for the duration of its existence on the site or the period defined in the agreement, according to the conditions specified, if any, and does not constitute a contractual obligation of Zada Web Systems for the respective Client/Buyer/User or any other third party who has/obtains access to this transferred content, by any means, and who could or is prejudiced in any way by this content, during or after the expiration of the usage agreement.

6.6. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying usage agreement, if any, is prohibited.

7. ORDER

7.1. The Client/Buyer can place Orders on the Site by adding the desired services to the shopping cart and finalizing the Order by paying through one of the explicitly indicated methods. Once added to the shopping cart, a Service is available for purchase as long as stock is available. Adding a Service to the shopping cart, without finalizing the Order, does not result in the registration of an order.

7.2. By finalizing the Order, the Buyer agrees that all data provided by them, necessary for the purchase process, is correct, complete, and true at the time of placing the Order.

7.3. By finalizing the Order, the Buyer agrees that the Seller may contact them through any available/approved means in any situation where contacting the Buyer is necessary.

7.4. The Seller may cancel the Order placed by the Buyer, following prior notice addressed to the Buyer, without any subsequent obligation of any party towards the other or without either party being able to claim damages, in the following cases:

7.4.1. non-acceptance of the Buyer's card transaction by the issuing bank, in the case of online payment;

7.4.2. invalidation of the transaction by the card processor agreed upon by Zada Web Systems, in the case of online payment;

7.4.3. the data provided by the Client/Buyer on the Site is incomplete and/or incorrect.

7.5. The Buyer has the right to withdraw from the Contract, i.e., to return a service, within 14 calendar days, without giving any reason and without incurring other costs except for delivery costs. Thus, according to OUG no. 34/2014, the return period of a Service expires 14 days from the date of payment.

7.6. If the Buyer decides to withdraw from the Contract, they can complete the online return form found in their Client account, in the "My Returns" section, specifying in the form the products they wish to return and the reason for the return.

7.7. If the Order is paid, the Seller will refund the amount within a maximum of 14 (fourteen) days from the date the Seller is informed by the Buyer of their decision to withdraw from the Contract. The amount will be refunded as follows:

7.7.1. for Orders paid by bank card -> by refunding to the account from which the payment was made or by generating a voucher with the value of the returned product;

7.8. Information regarding product characteristics is available on the product pages of our Site. Legally, the Site's content does not constitute an offer for a purchase contract but a presentation of our offers. Therefore, if you place an order through our Site, your order constitutes an offer to purchase a product listed on this Site. Your order will be followed by our acceptance as described below.

7.9. The order can only be placed through our Site. To do this, you will follow a simple process, at the end of which you will confirm the order by pressing the "complete order" button. The button will clearly indicate that placing the order implies your payment obligation. Before confirming the order, you are always informed of the total price to be paid and will always have the opportunity to check and possibly correct the order.

7.10. After placing an order, you will receive an email confirming the receipt and registration of your order ("Order Receipt/Confirmation"). This does not mean that this order has been accepted. As established above, your order constitutes an offer to purchase a product listed on our Site. All orders are subject to our acceptance. The contract between you and us will only be formed after we accept your order. The contract will only refer to those products for which we have accepted the order placed by you, and we will send you a confirmation email of the order's acceptance.

8. SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT GUARANTEED

8.1. The following are exempt from the right of withdrawal from the Contract:

8.1.1. service contracts after the full provision of services, if execution has begun with the Buyer's prior express consent and after they have confirmed acknowledgment that they will lose their right of withdrawal after full execution of the Contract by the Seller;

8.1.2. the provision of online domain acquisition services (regardless of extension);

8.1.3. the provision of services made to the specifications presented by the Buyer or clearly personalized;

8.1.4. the provision of services which, after delivery, are inseparably mixed with other elements by their nature;

8.1.5. the provision of digital content not delivered on a tangible medium, if the performance has begun with the Buyer's prior express consent and after they have confirmed acknowledgment that they will lose their right of withdrawal.

  1. CONFIDENTIALITY

9.1. Zada Web Systems will maintain the confidentiality of any information you provide. The disclosure of the provided information can only occur under the conditions specified in this Document.

9.2. No public statement, promotion, press release, or any other disclosure to third parties regarding the Order/Contract will be made by the Buyer/Client without the prior written consent of the Seller.

9.3. By transmitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for its own benefit, the information, ideas, concepts, know-how, or techniques that you send through the Site. Zada Web Systems will not be subject to confidentiality obligations regarding the information sent unless applicable legislation provides otherwise.

10. ZADA CLIENT ACCOUNT

10.1. The ZADA Client Account is valid only for clients who have already purchased at least one of the services that Zada Web Systems has to offer .

10.2. The ZADA Client Account will be activated once the client has made the payment for the selected services. They will then receive a confirmation email containing a temporary password and a link to click, which will redirect them to the Client Account login page. On this link, the client must enter their email address (the one that received the confirmation email) and the temporary password from the email. They will then be asked to change the password to a personal one (for security reasons), allowing them to log into the ZADA Client Account with their own credentials.

10.3. For the security of your data in the Client Account, we ask all clients to carefully choose a complex and difficult-to-guess password with a minimum of 8 characters, including at least 1 symbol and 1 digit, to avoid risking data loss.

10.4. After the first login, the client is required to review the Terms and Conditions document and check the "Accept" option at the end of the document to gain access to their Client Account.

10.5. From the Client Account, you can open a Support Ticket in the "Support Tickets" section, where you will have the option to open, edit, close a ticket, and engage in a chat per ticket with our technical team, who will respond based on the specific ticket.

10.6. In the Client Account, you can also view all invoices issued to you and have the option to request a return for a service from the "My Returns" section.

10.7. To see all the features that the Client Account can offer, please consult the Documentation available at the following link: https://zadawebsystems.com/documentatie.

  1. BILLING – PAYMENT

11.1. The prices of Services displayed on the www.zadawebsystems.com website include VAT as per the applicable legislation.

11.2. The price, payment method, and payment terms are specified in each Order. The Seller will issue an invoice to the Buyer for the delivered Services, and the Buyer is obliged to provide all the necessary information for issuing the invoice in accordance with the applicable legislation.

11.3. The Seller will send the Buyer the invoice related to the Order containing Services sold by Zada Web Systems by adding the invoice to the Buyer's Account or by electronic mail to the email address mentioned by the Buyer in their Account.

11.4. For correct communication of the invoice related to the Order, the Buyer is responsible for updating their Account data whenever necessary and accessing the information and documents related to each Order in their Account.

11.5. Through this method of communication, the Buyer, by accessing their Account, will maintain a record of invoices issued by Zada Web Systems, which can be saved and archived by the Buyer at any time and in any manner desired.

11.6. By submitting the Order, the Buyer agrees to receive invoices electronically through their addition by Zada Web Systems to the Account or via electronic mail at the email address mentioned in their Account.

11.7. If this information is unavailable in the Account for more than 48 (forty-eight) hours, please report this issue in a message on the contact page: https://www.zadawebsystems.com/contact/.

11.10. The payment card data of the User/Buyer will not be accessible to Zada Web Systems and will not be stored by Zada Web Systems but by the payment processor integrated into the Site, an entity authorized to provide card data storage services, whose identity will be communicated to the User/Buyer prior to entering the data.

Zada Web Systems provides the service in the field of registering and storing the User's payment card data through an authorized entity, Netopia SA, a company established and operating under Romanian law, registered in Bucharest with the Trade Registry under no. J40/12763/2020, Tax Identification Number (CUI) 43131360.

Personal data contained in the tokenization database will be processed in accordance with applicable legislation, specifically the European Parliament and Council Regulation (EU) 2016/679 of April 27, 2016, on the protection of individuals regarding the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (referred to as "GDPR"). Zada Web Systems, as the data controller for personal data contained in the tokenization database, entrusts Netopia with the processing of the aforementioned data necessary for tokenization services.

11.12. The option to pay through the Zada Web Systems Client Account can be selected by the User or Buyer.

11.13. For transaction security reasons, the User/Buyer is advised not to remain logged into the Site and not to set the auto-login option on mobile devices. Disclosing the access password to the account is not permitted, and a strong security password is recommended (e.g., at least eight characters, including uppercase letters, lowercase letters, numbers, and special characters).

12. CONTRACT OBJECT – SERVICES OFFERED

  1. Domain Purchase

❖ Involves purchasing an online domain with one of the extensions listed on the website at that time. The domain is purchased only for a period of 1 year starting from the date of payment for the respective domain and the issuance of the Tax Invoice.

  1. Premium Web Hosting

❖ Involves hosting an online domain for a period of 1 year (12 months) by selecting one of the "Premium" packages.

❖ The allocated space depends on the selected package. If the initial allocated space becomes insufficient during the contract period, the space can be increased upon request to meet the client's needs. The costs resulting from the space increase will be borne by the client.

❖ The provider intermediates the offering of Web Hosting services and may change the hosting service provider during the contract period if this is in the client's interest regarding performance, support, or price.

❖ All hosting packages include MariaDB SQL server, cPanel interface, and Incremental backup software.

❖ Backups are performed once every 30 days.

❖ As part of the contract price, the client is entitled to one complete or partial restoration every 30 days.

❖ Any restoration beyond the included one will be charged additionally. Restoration is performed only upon the client's request.

  1. Web Hosting Basic

❖ Consists of hosting an online domain for a period of 1 year (12 months) by selecting one of the "Basic" packages.

❖ The allocated space depends on the selected package. If, during the contract period, the initially allocated space becomes insufficient, it can be increased upon request to meet the client's needs. Costs resulting from the space increase will be borne by the client.

❖ The provider acts as an intermediary in offering Web Hosting services and may change the hosting service provider during the contract period if this is in the client's interest regarding performance, support, or cost.

❖ All hosting packages include MariaDB SQL server, cPanel interface, and Incremental backup software.

❖ Backups are performed once every 30 days.

❖ As part of the contract price, the client is entitled to one complete or partial restoration every 30 days.

❖ Any restoration beyond the included one will be charged additionally. Restoration is performed only upon the client's request.

  1. SSL Certificates
  1. Extra Services
  1. Technical Support

1. For any type of Technical Support request, Zada Web Systems SRL clients have access to a Client Account where they can log in with their credentials and navigate to the "Support Tickets" section. Here, they can open a new ticket, describe the issue in detail, and attach explanatory files if necessary. The support ticket will be handled by one of our colleagues, and you will discuss it through the chat provided within that support ticket.

2. Considering that Zada Web Systems S.R.L. is a reseller of web hosting services, any non-conformities reported by the client will be forwarded to the hosting service provider.

3. The provider may decide to change the hosting service provider in the client's interest for performance, support, or pricing reasons.

4. Certain client requirements may result in additional costs. In this case, the provider will inform the client about the costs, and if the client agrees, the provider will issue an invoice for the requested services.

PREMIUM TECHNICAL SUPPORT

These requests will be communicated through the Support Tickets module in your Client Account, and the resolution duration will be communicated.

Web Hosting - Rights and Obligations

  1. The provider commits to:
  1. The client has the right to:
  1. The client commits to:

13. LIABILITY

13.1. If the Content violates the law or this Document, Zada Web Systems will take the actions detailed in this Document to detect and remove the Content by applying appropriate corrective measures. 

13.2. Zada Web Systems is not responsible for the behavior of Users / Clients / Buyers / Sellers or any other persons on the Site, for their Content on the Site, or for the improper execution of sales contracts and Transactions concluded through the Site, nor for the consequences of actions taken by Users/Clients/Buyers/Sellers or third parties that violate the provisions of this Document and applicable regulations. If, despite due diligence, Zada Web Systems was not aware or could not have been aware of the illegality of their actions/omissions and therefore did not take immediate measures to remedy the violation or its effects, Zada Web Systems will not be held responsible. Additionally, Zada Web Systems is not responsible for the quality, safety, and legality of the Services sold on the Site by other Sellers, for the Sellers' ability to sell, the Buyers' solvency, nor for the accuracy and veracity of the data provided by them on the Site (e.g., correspondence as part of discussions through the Site or regarding Transactions conducted through the Site, etc.). 

13.3. The Seller is not responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations according to the Order and for damages resulting from the use of the Goods after delivery, especially for their loss.

13.4. By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and managing access to the Account. To the extent permitted by applicable law, they are responsible for activities conducted through their Account.

13.5. By creating an Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in their latest updated version as communicated within the Site, existing at the time of Account creation and/or content use and/or at the time of Order placement.

13.6. Zada Web Systems reserves the right to periodically update and modify this Document to reflect any changes in the operation and conditions of the Site or any changes in legal requirements. The Document is binding on Clients/Users/Buyers from the moment of publication on the Site. In the event of any such changes, we will display the modified version of the Document on the Site, so we encourage you to check this Document periodically.

14. PROCESSING OF PERSONAL DATA

14.1. Please note that for accessing and using the Site, your personal data is processed by Zada Web Systems in accordance with its Privacy Policy, available at https://zadawebsystems.com/politica-de-confidentialitate, which is an integral part of this Document. 

14.2. Additionally, if you become a Buyer and the Seller of the purchased Goods is not Zada Web Systems but one of the Marketplace partners, your personal data will also be processed by them, in accordance with their own privacy policy. In this regard, the Zada Web Systems Site transparently informs in the dedicated interface of the Good you intend to purchase, which entity acts as the Seller, under the section "Sold by:". By accessing this section, you will find more details about the Seller's policies. 

14.3. Furthermore, please note that when interacting by phone with Zada Web Systems representatives, these conversations will be recorded to identify your needs, analyze the quality of the services provided by Zada Web Systems, and improve them. You will be informed before the start of the call, and if you continue the call, we will consider that we have your consent for recording. If you do not agree with the recording, you can contact us through other channels mentioned in the Contact section, available here: https://www.zadawebsystems.com.ro/page/send-us-a-message/. For more details regarding recording, consent withdrawal, and data processing activities, see the Privacy Policy at https://zadawebsystems.com/politica-de-confidentialitate.

15. USE OF COOKIES

15.1. See the Cookie Policy at: https://zadawebsystems.com/cookie-policy, which is part of this Document.

16. FORCE MAJEURE

16.1. None of the contracting parties is liable for non-performance on time or 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.

16.2. The party invoking force majeure is obliged to notify the other party within 5 days of the occurrence of the event and to take all possible measures to limit its consequences.

16.3. If the event does not cease within 5 days of its occurrence, the parties have the right to notify the automatic termination of the contract without either party being entitled to claim damages.

16.4. The Provider is not responsible for the malfunction and unavailability of the page, nor for any damages caused to the beneficiary of the page due to reasons beyond the Provider's control, such as:

- technical malfunctions in the internet network

- hacking attacks on the web page and/or hosting servers

- infestation with viruses of the hosting server of the page

17. APPLICABLE LAW – JURISDICTION. COMPLAINTS AND CLAIMS. INTERNAL COMPLAINT RESOLUTION SYSTEM. ALTERNATIVE DISPUTE RESOLUTION (ADR/ODR)

17.1. This document is subject to Romanian law. In case of any disputes arising between the Seller and Users/Buyers, an attempt will first be made to resolve them amicably. This chapter and the procedure below represent proof of the Seller's willingness to resolve quickly, efficiently, amicably, and alternatively any complaints/claims/disputes involving it, utilizing all applicable legal mechanisms and measures in Romania.

17.2. For complaints or claims regarding the purchased Goods, the Site's functionalities, or illegal Content, Users/Buyers or any other interested parties may always submit the respective complaint using the contact form: https://zadawebsystems.com/contact. To submit a complaint or claim, it is necessary to complete the corresponding form, including all fields marked as mandatory. Zada Web Systems will inform the complainant about the acceptance of the complaint and, where applicable, about the decision made, provided the contact details have been supplied. The maximum resolution time for complaints or claims is 30 calendar days from their receipt.

In case Users/Buyers or any other interested parties:

17.3. For complaints regarding corrective measures taken by Zada Web Systems under this Document towards a User/Buyer/Client, in addition to the alternative dispute resolution (ADR/ODR) procedures described below and subsequently to competent judicial courts under art. 19.7 of this document, Zada Web Systems provides an internal complaint resolution system accessible via the contact form available on the Site: https://www.zadawebsystems.com.ro/page/send-us-a-message/. Complaints can be made within a maximum of 6 months from the communication of the decision on corrective measures by Zada Web Systems. More details on how this internal system works are available in the Digital Services Regulation section (Digital Service Act) at https://www.zadawebsystems.com.ro/page/faq/#dsa.

17.4. ADR represents an alternative to the judicial system, offering consumers the possibility to resolve potential disputes when facing issues related to the purchase of Goods. Complaints or claims against traders will thus be voluntarily submitted by consumers, to be resolved independently, impartially, transparently, promptly, and fairly. Access to this alternative resolution method can be achieved either online as per point 19.5 below or through traditional methods, on paper or another durable medium under art. 19.4 below.

17.5. For alternative dispute resolution, the Buyer's complaint or claim may be submitted in writing directly to the Directorate for Alternative Dispute Resolution of the National Authority for Consumer Protection at the following contact details: address: Bucharest, Aviatorilor Boulevard no. 72, sector 1, postal code 011865, phone: 021.307.67.69; fax: 021.314.34.62, email: dsal@anpc.ro. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to resolve national and cross-border disputes arising from sales contracts concluded with a trader operating in Romania and is included in the list of ADR entities at the European level, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. For further details, Buyers can access the link displayed on the site in the ANPC – ADR section.

17.6. Considering the provisions of Regulation (EU) No. 524/2013 on online dispute resolution in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, Users/Buyers have the option of resolving potential disputes extrajudicially using the European online dispute resolution platform (ODR platform), a digital tool created by the European Commission to facilitate independent, impartial, transparent, efficient, fast, and fair extrajudicial resolution of disputes regarding contractual obligations arising from online sales contracts between a consumer residing in the European Union and a trader established in the European Union. To this end, the link in the section: Online Dispute Resolution can be accessed.

17.7. ADR and ODR do not represent two different mechanisms for resolving potential complaints/claims. The Buyer understands that alternative dispute resolution and online dispute resolution coexist as a single mechanism, representing one and the same instrument, with identical purpose, object, and goal. The Buyer understands that the distinction between ADR and ODR is represented by the method of access/initial format of the respective complaint/claim. Thus, in the case of ADR, the consumer's address is in a classic form, in writing (via email, postal mail), whereas in the case of ODR, the consumer opts to use a form existing on a digital platform, exclusively online.

17.8. If the amicable or alternative resolution of complaints/claims/disputes is not possible or no mutual agreement is reached, they will be resolved by the competent Romanian judicial courts in the Municipality of Bucharest.

18. LIMITATIONS REGARDING CONTENT AND DIGITAL SERVICE

18.1. Zada Web Systems reserves the right to make changes to the Site, which may be based on:

  1. the need to comply with legal requirements – changes may include requesting additional documents, modifying the authentication procedure, as well as any changes to the Site interface aimed at implementing processes for personal data protection, consumer protection, reporting criminal activities, and removing non-compliant content;
  2. the desire to improve the Site interface by, for example, updating trademarks or other aesthetic aspects of the Site design;
  3. adding features, functionalities, and adapting the service or content to achieve greater interoperability with other services and digital environments offered by Zada Web Systems or any of its partners;
  4. modifying algorithms to provide more relevant content or to increase the User/Client/Buyer's engagement with the content;
  5. identifying and flagging or removing content uploaded by consumers that is protected by intellectual property rights or violates this Document or the law;
  6. modifying the technical specifications of the Site for security reasons, such as preventing or removing spyware, malware, or combating the use of bots;
  7. creating, modifying, or reducing the space dedicated to advertising based on commercial policy;
  8. limiting the Site's liability towards third parties.

18.2. For changes related to non-essential features and accessory functionalities detailed in section 22.3, Zada Web Systems reserves the right to make changes at any time, test different interface versions, implement personalized and dynamic functionalities, and remove them based on technical or commercial parameters or platform user interactions with these functionalities.

18.3. Additionally, concerning the entire content and digital service, Zada Web Systems periodically implements interface, system, and security updates to maintain the Platform's compliance and improve the experience for Users/Clients/Buyers. Regarding the online store hosted at the Zada Web Systems.ro web address and its subdomains, updates will be automatically implemented. Regarding the Zada Web Systems application available in online app stores, Zada Web Systems will notify you through the application, for example, via a push notification or the email address linked to your Account, regarding the need to install the update/latest version of the Zada Web Systems application, offering a reasonable timeframe for this. If you do not install the update, Zada Web Systems will not be held responsible for any non-compliance caused by the lack of updating.

18.4. If the content and digital services provided through the Site are non-compliant due to the digital environment of the Users/Clients/Buyers, they are obligated to cooperate within the limits of their technical means to identify any incompatibility regarding technical specifications.

ORDER CANCELLATION

The order cancellation process is carried out via the contact form available on the page https://zadawebsystems.com/contact.

Please fill out the form and specify the order for which you wish to cancel the services.

A member of our team will contact you as soon as possible.

19. ASSIGNMENT AND SUBCONTRACTING

19.1. The Seller may assign and/or subcontract a third party for Services related to fulfilling the Order, informing the Buyer without requiring their consent. The Seller will always be responsible to the Buyer for all contractual obligations.

  1. CONTRACT TERMINATION CLAUSES

20.1. This contract terminates automatically if one of the parties:

a) fails to fulfill one of the essential obligations listed in this contract under point 5,

b) is declared bankrupt or enters voluntary liquidation,

c) does not fulfill or properly execute any of its obligations within 5 days of receiving a notification about the breach.

20.2. The party invoking a cause for termination of this contract, other than those in point 20.1, will notify the other party at least 5 days before the termination takes effect.

20.3. Termination of this contract will have no effect on obligations already due between the parties.

20.4. The provisions of this chapter do not exclude the liability of the party whose culpable actions caused the termination of the contract.

20.5. If the client monopolizes system resources and hinders service delivery to other clients, the contract will be terminated after prior email notification, without refunding payments made to the provider.














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