I. Introduction

Use throughout the present terms and conditions of "NAV " will identify NAV Communications S.R.L. with headquarters in Bucharest, Aleey Teiul Doamnei, No. 6, District 2 as domain name provider, web hosting, reseller web, ssl certificates, licenses, cloud backup, vps hosting, dedicated servers, collocation, Internet access, IP allocation, AS allocation, management services. More about NAV Communications S.R.L. you can find it on the Contact page. NAV is registered under number 32265 in the General Register of the National Supervisory Authority for Personal Data Processing, according to Law 677/2001 for the Protection of Individuals with regard to the Processing of Personal Data and the Free Movement of such Data.

Service area of NAV include: domain registration, web hosting, reseller web, ssl certificates, licenses, cloud backup, vps hosting, dedicated servers, collocation, Internet access, IP allocation, AS allocation, administration services. The details and updated list of these services can be found on www.nav.biz

II. How to contract

If you want to benefit from any of the hosting services offered by NAV, you must first accept the specific terms and conditions of their provision. Acceptance will be made online, through the Customer's consent to the application of these terms. According to ORDINANCE no. 130 of 31 August 2000 on the legal status of distance contracts: "The consumer has the right to notify in writing to the trader that he renounces the purchase, without penalty and without invoking a reason, within 10 working days of receipt of his product, service, from the conclusion of the contract".

III. Displayed Prices and Invoicing

Prices are displayed in EURO and do not include VAT. On the pro forma and fiscal invoices are the EURO and RON coins. The amount in RON is converted to the NBR exchange rate the day before the billing date.

Pursuant to Article 155 of Law 571/2003 - Tax Code in force, the tax invoice must contain the following elements:

• a) serial number, based on one or more series, which uniquely identifies the invoice;
• b) date of invoice;
• c) the date on which the goods/services were delivered or the date of payment of the advance, insofar as that date differs from the date of issue of the invoice;
• d) the name/address, and the VAT registration code or, where applicable, the fiscal identification code of the taxable person issuing the invoice;
• e) the name/name of the supplier/provider who is not established in Romania and who has appointed a tax representative, as well as the name, address and VAT registration code according to Article 153 of the tax representative;
• f) the name/address of the recipient of the goods or services and the VAT identification number or fiscal identification code of the payee if he is a taxable person or a non-taxable legal person;
• g) the name/name of the beneficiary who is not established in Romania and who has appointed a tax representative, as well as the name, address and registration code referred to in Article 153 of the tax representative;
• h) the name and quantity of the goods delivered, the name of the services rendered and the particulars provided for in Article 125 ^ 1 (3) in the definition of goods in the case of intra-Community supplies of new means of transport;
• i) the taxable amount of goods and services or, where applicable, the advances invoiced for each quota, exemption or non-taxable transaction, the unit price, exclusive of duty, as well as rebates, draws, rebates and other price reductions;
• j) indication of the tax rate applied and the amount of tax collected, expressed in ROL, according to the tax rates;
• k) where no charge is due, a reference to the applicable provisions of this Title or of Directive 112 or any other indication that the supply of goods or the provision of services is subject to an exemption or reverse charge procedure;
• l) where the special scheme for travel agencies applies, the reference to Article 152 ^ 1, Article 306 of Directive 112 or any other reference indicating that the special scheme has been applied;
• m) if one of the special arrangements for second-hand goods, works of art, collectors items and antiques is applied, reference to Articles 152-2, 313, 326 or 333 of Directive 112 or any other reference indicating that one of those regimes was applied;
• n) a reference to other invoices or documents previously issued when multiple invoices or documents are issued for the same operation;

The tax invoice or pro forma may circulate without stamp and signature according to the law no. 227/2015 regarding the Fiscal Code, art. 319, paragraph 29

Invoices issued by NAV Communications, sent by email and subsequently printed by you, comply with the aforementioned law. If the accountant insists on keeping the invoice in printed form (in fact, the same document but printed at our premises), there are three options:

• You can come to our headquarters anytime from 09:30 to 17:30 from Monday to Friday, this formality does not involve any cost;
• We can send the invoice by courier quickly, the courier service cost is 20 RON+VAT, the printing formality does not involve any cost.
• We can print the invoice, after which you can ask a third party courier to pick up the invoice from our premises, this formality not involving any cost other than the one you pay directly to the courier.

IV. Payment Terms, Suspension, and Service Deletion

The Customer agrees to pay the value of the service/services/web domains in advance of the time it is provided.

The counter value of the invoice is paid at the beginning of each payment period, within 7 calendaristic days from the date when the proforma invoice was issued.

Activation of Web services or domains is made within 5 minutes of payment confirmation.

Exceeding 2 days of due date for payment leads to suspension of service.

Exceeding 10 days of the due date for payment leads to the application of the data retention service on NAV Communications servers.

The cost of the the data retention service is calculated as a percentage of 10% of the primary service value (hosting, servers, collocation, etc.) but not less than 5 EURO + VAT.

Exceeding 30 days of due date leads to irreversible deletion of the service.

Exceeding 30 days of due date leads to the expiration of the web domain and the application of quarantine fees.

Exceeding 30 to 120 days (depending on the registry) of the due date leads to irreversible deletion of the web domain, or the rules of each domain domain.

V. Application

These provisions apply to all NAV Users, meaning both the visitors to the Website www.nav.biz ("the Website") as well as the Customers of any of the Packages or Services offered on the Website. The purpose of these terms and conditions is to ensure that NAV users use the services to consider the rights and interests of all participants in the information market and in accordance with NAV.

VI. Agreed Service Usage Policy

This Agreed Use Policy of the Service is an integral part of the NAV contract with each individual Customer.

In addition to these provisions, a particular Service or Service Pack may have its own Agreed Service Use Policy, which will also form an integral part of the NAV contract with each Customer in part, and which will be applied with priority.

A. Server resources

Any client who uses a large amount of NAV server resources (such as CPU time, memory, Network resources but unlimited) will be given the opportunity to pay additional fees (which will depend on the resources requested), to reduce the resources used to an acceptable level or to order another hosting package.NAV will be the only one who will decide to what extent the resource level used is high.
NAV may take steps to suspend the services provided without prior notice if the performance of the servers or the integrity of the Network is affected by the use of its services.

B. Send unsolicited commercial messages (Spamming)

According to the legal provisions it is forbidden to carry out commercial communications by electronic mail, unless the addressee has expressly consented expressly in order to receive such communications. The subject of emails, which are commercial communications, must begin with the word "ADVERTISING" in capital letters. Commercial communications must include at least the following information regarding the person in whose name they are made:

• a) full name or full description;
• b) the personal numeric code or the unique registration code, as the case may be;
• c) domicile or headquarters;
• d) telephone and fax numbers;
• e) e-mail address.

Sending unsolicited spam using NAV services is forbidden regardless of whether the servers are overloaded or not, or the NAV services suffer from some malfunctions. The term spamming includes, but is not limited to, maintaining an SMTP policy, engaging in unsolicited commercial messaging using another service provider to promote a website or app that benefits from NAV hosting services as well as the distribution or sale of computer programs that facilitate spamming through a website hosted on NAV.

C. Prohibited Uses

NAV servers can only be used for legal purposes. Transmitting, storing or distributing any information, data or material that is in breach of applicable law or that may directly facilitate the violation of any legal provision is prohibited.

NAV customers undertake not to use the services provided in any way and under any circumstances to communicate, refer to, or direct to any of the following:

• material, or infringing content that infringes copyright, trademark rights, and any other intellectual property rights of a third party;
• nudity, pornography, any image or text with sexual or obscene content, without complying with applicable legal requirements;
• child pornography;
• threats, abuse, harassment, slanderous statements;
• any image or text designed to encourage xenophobia;

The following activities are prohibited:

• use of NAV services to create or transmit viruses, worms, flooding, mail bombing, or engaging in denial of service attacks;
• the use of proxy or IRC scripts, or FormMail, PhpShell or the like, including commercial scripts containing known security holes, chat rooms; IRC Egg Drops, torrent trackers, etc.;
• pe serverele de găzduire web sunt interzise scripturi precum: online chat, steam status, game tracker, hostbill, whmcs, Clientexec, blesta;
• the collection of personal information for their use for illegal purposes;
• Unattended access to data, systems or networks (phishing, spoofing, proxy, hacking, sniffing, etc.), including any attempt to test, scan or test the vulnerability of the system or network, or to create security breaches without the owner of the network or system;
• any intervention on the service provided to a user, on a server or networks such as: mail bombing, flooding, deliberate overloading of the system;
• falsify TCP-IP packets or any part of an email header;

Any script that implies a potential security risk or may affect server performance or network security will automatically be closed or removed without prior notice.

Under the provisions of the E-Commerce Law no. 365/2002, as subsequently amended, NAV will act swiftly to remove or block access to any activity or information that by its nature may damage the rights of a third party.

D. Mass mailing

Providing Customers with the space required to host their own applications gives each Client the opportunity to also benefit from the Email Service with specifications related to the specific terms associated with NAV.

We want to meet the requirements of all our Clients by offering quality services, a goal that can be reached with your support as well. The way you use the services provided by NAV is closely related to the proper operation the Network and the NAV servers, making it necessary to provide an appropriate environment for hosting facilities.

The use of the Email Service must be related to the normal use principles transcribed under the specific clauses mentioned. Use contrary to applicable law, contractual provisions or international usage may cause harm to all users of NAV.

Transmitting too many emails in the newsletter system (with the maximum allowed of 20 emails every 5 minutes, calculated per mailbox) creates many drawbacks for all NAV Customers, affecting Network and connected servers to this.

Among the disadvantages we create, we can exemplify:

• Agglomeration of the email server due to a very high demand, in some cases blocking the server requiring restart;
• Blacklisting the email server's IP into multiple spam lists with repercussions on all Customers who host applications on the server in question;
• Ranking very low in email services such as Yahoo, Gmail, etc;
• Delay high in the transmission of emails;
• Delivery to Yahoo or other email servers may become impossible;
• Affect all Networked Clients due to improper server performance.

In order to prevent any damaging effects, NAV reserves the right to limit at any time certain parameters of the email service offered to Clients.

E. Intelectual property

NAV is the sole owner of all the materials and information available on the Website. Customers or visitors to the Website will not be able to copy, reproduce, distribute, publicly communicate, retrieve any such material or parts thereof in any form or by any means.

Backup policy

For cPanel or cPanel/WHM control panel hosting services, we back up for free every day with 10 calendaristic days retention. In addition, the client can back up with his own methods or download or restore a backup using the solution provided by NAV.

NAV does not assume responsibility for deleting or modifying the files hosted on their own infrastructure. The client is the only one able to ensure the integrity of the data hosted on NAV servers using their own backup methods.

NAV uses internal backup procedures to restore the data stored on the servers for hosting and VPS servers.

Backups are performed daily with 10-day retention, and these backups are strictly used by NAV in the case of server failures. These backups can not be restored at client's request if he claims reasons other than NAV equipment. Restore customers requests for NAV servers will be investigated by specific methods, and if they are found to be well founded, they will be honored.

NAV reserves the right to exclude those VPSes or hosting accounts that by their size generate a very high load of the NAV backup infrastructure due to the large amount of data hosted on the hosting account or VPS server of a client.

NAV reserves the right to exclude from backup hosting accounts and VPS servers that occupy a disk space larger than 10GB.

If the service has not been excluded from the backup list and you want to restore a backup for any reason other than the physical failure of one of the NAV servers, the restoration cost is 1 EUR+VAT for 1GB occupied by the VPS server or hosting account. (If the hosting account or VPS server has 10GB then the cost will be 10 EUR+VAT).

NAV does not provide and does not have (internally) implement a backup solution for dedicated servers, cloud servers, clustered servers, and collocated servers. For these servers, the client has the option to opt for a backup service from NAV.

Rules for Deleting and Auto-Domain Registration

Domain names, international and .ro are registered for the set periods and are available at renewal at any time, during the validity period and before the expiration date.

Prior to the expiration of the registration period, we will send multiple emails to clients and/or agents acting on their behalf to alert them that domain name registration services expire on a certain date. These emails are forwarded approximately 30 or 60 days before the expiration date.

It is important that all of our email addresses are not blocked by spam or junk, and customers have valid email addresses in place to receive these types of communications. In the event that a customer does not renew a domain name before the expiration date, the registration data may be subject to deletion or resale at any time thereafter.

In order to help customers to avoid the deletion of domains, we may, but are not obliged, to offer our clients a "quarantine period" after the expiration of the registration services (the "quarantine period" begins one day after the expiration date). We currently provide you with a quarantine period of 5 days from the expiration date to allow renewal of an expired domain by paying the quarantine fee.

For outdated domains (not applicable to .ro domains), a special page opens, where customers are notified that the domains have expired and have a link for renewal. There will be a Pending Delete button in the client's account, and expiration notifications will also be included in the renewal and expiration reports that are emailed to each client. During this period a customer may renew a domain name, but during the quarantine period the renewal is not guaranteed and can be modified or removed at any time without prior notice.

Consequently, every client who wants to renew a domain name should do so before the expiration date to avoid losing the domain name. If an expired domain name is not renewed, we will delete the domain name. Registries may, but are not obliged, to assist customers with offering a quarantine period of between 5 and 90 days from the expiration date. This period is not guaranteed, so we advise clients to renew domain names in a timely manner. For this service, the customer will be charged a restoration fee of between 150 and 300euro+VAT depending on the domain extension. If the domain name is not redeemed, it becomes available for registration. If a domain name is the subject of a dispute and it expires or is deleted during the dispute, the party that has submitted the case has the possibility to renew or restore the domain names registration under the same commercial conditions as the original customer. If eventually the case is terminated or an arbitrator decides against the party, the names may be deleted within 45 to 90 days or renewed by the web site or by the customer during the quarantine period described above.

ICANN POLICY: http://www.icann.org/dndr/udrp/policy.htm

REGISTRATION RULES OF THE DOMAIN AND SUBDOMAIN NAME IN THE .ro

CONTRACT (UNDERSTANDING) FOR REGISTRATION OF DOMAINS .ro

Disclaimer of Responsibility

NAV does not assume responsibility for non-observance of deadlines, erasure, failure to provide or erroneous storage of any form of communication, or any personalized settings used by the customer.

You understand and agree with that:

• NAV assumes no responsibility and warranties of any kind, either express or implied, including, but not limited to, the ordinary commercial warranties, fitness for a particular purpose;
• Any material that is downloaded or otherwise obtained through the use of the service is at the discretion and risk of the customer. The customer is solely responsible for any computer malfunction or loss of data resulting from the download of materials;

NAV by this agreement or other terms provided does not guarantee that:

• The service exactly matches customer's requirements;
• The service will work uninterruptedly and without errors;
• The quality of the products, services, information or other materials purchased or obtained by the client through the service will meet the customer's expectations and that any software error will be corrected;

NAV is not liable for any defects, data loss, customer details, income or other business damage due to delays, wrong transmission or non-transmission of information due to restriction or interruption of access, bugs or other errors, unauthorized use due to service access sharing, or other interactions with the service. The customer is solely responsible for maintaining and saving backup data and any information stored in the service.