Terms of Service
1. General Terms
By using this website you are expressly accepting the Terms of Service as being the latest version. NAV DATACENTER TELECOM SRL reserves the right to modify the Terms of Service at any time, without prior notice. Irrespective of any prior notice, the continued used of the services constitutes your acceptance of any such changes.
The Terms of Service herein substitute a contract, the sole agreement between the parties, creating rights and obligations benefiting, respectively binding the parties, and must be performed in good faith. All the Clients/Users of the services are subject to these Terms of Service, therefore the use of services entails the unconditional and full acceptance of the provisions set forth herein.
The service supplier is NAV DATACENTER TELECOM SRL, hereinafter referred to as „NAV TELECOM/the Company”, a registered business under the Romanian laws in effect, having its statutory seat in 56-60 Ricinului St., Bucharest, Romania, incorporated with the Bucharest Trade Registry under No. J40/17100/2007, with the unique registration ID (CIF) RO22404018. For other contact information, please see the Contact section on this website.
The relationship between the parties is governed by the Romanian laws pertaining the consumer protection the 130/2000 Government Ordinance (OG) regarding the consumer protection and regarding execution and performance of remote agreements, the 296/2004 Law regarding the Consumer Rights, the 363/2007 Law regarding unfair merchant practices in their relationship with the consumers and the harmonization of regulations with the European consumer protection laws, the 365/2002 Law regarding the electronic trade.
By using the services, the Clients/Users expressly agree to provide real, accurate, actual and complete information about themselves. The services that NAV DATACENTER TELECOM SRL supply to its Clients/Users is strictly conditioned byt the accuracy of the data provided by the Client/User on the order form.
NAV DATACENTER TELECOM SRL may vary at any time the content of the website, without prior notice to the Clients/Users of services. NAV DATACENTER TELECOM SRL may also limit the access of Clients/Users to the website or parts of it. The right to terminate/cease the service providing in the event of Clients/Users payment refusal or violation any article in these Terms of Service may not be held against NAV DATACENTER TELECOM SRL by the Client/User.
By using the website/services supplied by NAV DATACENTER TELECOM SRL, the Clients/Users are solely responsible for all the activities entailed by the use. They are liable for any material and/or moral damages caused to the Company, website, services or any third party with which the Company has entered into any agreement with, in pursuance of the applicable Romanian laws.
The Clients/Users may not revoke their consent to these Terms of Service until the expiry of the term of use of the services contracted by this website. Any variation of the Terms of Service becomes binding on, and applicable to, the Client/Users as of its posting on the website. The variations of the way of performance of successive considerations do not affect the considerations already performed, or those that should have been performed prior to their coming into effect.
b) Service cancelation requested by the Client/User
The Clients/Users can at their will cancel the existing service and ask for a full refund with 10 business days after the registration, according to 130/2000 Government Ordinance (OG) completata and the 51/2003 Law pertaining the execution of remote agreements, by sending a written request, by email to email@example.com or by phone at +40 21 655 55 55.
According to the 130/2000 Government Ordinance (OG) pertaining the execution of remote agreements: “The consumer has the right to notify the merchant in written that he wants to revoke the purchase agreement, without any penalties and without invoking any reason, within 10 business days from receiving his products, or after the remote agreement started producing effects, if there are only services involved.
c) Service cancelation requested by the Company
The company can refuse provide its services at any time follwing a previous notification that was sent by email or regular post. In case the Client/User’s personal details are incorrect or incomplete, the Company takes no responsability in the event of a service suspension or termination, should the prior notification was not received by the Client/User because of incorrect or incomplete contact details.
The Company can also suspend or terminate the Client/User’s Services immediately, block the access to its user account, remove all files that the Company deems necessary or remove the entire content of the Client/User’s website in the following situations:
– violation or miscarryining your obligations as mentioned in these Terms or Service or as described by the Romanian laws in effect;
– supplying fictive contact details during registration;
– lack of response when contacted by us using the email address supplied during the registration process;
– you are engaged in fraudulent or in any way illegal activities as described by the Romanian and international laws;
– you are engaged in activities that may harm the Company’s or third parties reputation;
Any service suspension will be effective immediately, by registering and using our services you are accepting this.
d) Service cancelation following legal actions
In case we are required to do so by the authorities, provided that they are handing us an official warren signed by a Judge or a Prosecutor, the Company will fully comply with that request and will either cancel or suspend the Client’s services, as required.
e) Fee schedule
Should a suspension or a cancelation of your service occur due to the violation of these Terms and Services, you are not exempt from paying your outstanding invoices or susbsequent ones, should you decide to comply and resume using our services.
3. The Services
The Company can assist you in aquiring domain names, webhosting services, virtual private servers (VPS), dedicated servers, server colocation services, cPanel, R1Soft and Microsoft OS licenses. The domain name registration is effective immediately following the payment confirmation. The *.ro and .pro domain names are excepted from the instant registration. The webhosting service and the virtual private servers are activated immediately following the payment confirmation. The dedicated servers will be activated within 24 business hours following the payment confirmation. The colocated servers will be installed within 24 business hours following the payment confirmation and the server’s delivery. The licenses are activated within 24 business hours following the payment confirmation.
4. Abuse Policy
The Company will take immediate action against any subject that by the nature of his actions is threatening the optimal operational level of our services.
The Company strictly forbids the use of it’s services for illegal purposes including but not limited to threats, defamation or in any other way harmful activities. There is zero tolerance for SPAM messaging.
Other types of abuses may include: vulnerability tests, attempts to gain unauthorized access to our or to our client’s data, attempts to disrupt the services, privilege escalation attempts, abusive usage of the physical resources (CPU, RAM memory, hard-disk IOPS etc.).
The Company may restrict access from certain internal or external IP address should it be reasonable to believe that the actions originating from that IP address may harm any part of our infrastructure. Under exceptional circumstances the Company may also require the targeted client to migrate the high risk applications or data elsewhere outside the premises of the Company’s internal infrastructure.
5. Support and Guaranteed Uptime
The service uptime is calculated for a timeperiod of 30 days, excluding the maintenance windows.
The Company will use all diligence to schedule the maintenance windows during the off-peak time, during the night.
Under normal conditions the guaranteed uptime is 99.9%.
During circumstances of force majeure such as wars, social or political instability, acts of God, legal actions, prolongued power outages, communications disruptions caused by external factors that are not under our control, the Company can not warrant for the optimal operational level of it’s services.
The uptime guarantee ceases for the duration of time elapsed between the due date of one or more unpaid client invoices until all due amounts are paid in full. In case a client has more than one active service, all of the client’s services will be under the effect of this policy.
All services provided by the Company are unmanaged.
The Company is not reponsbile with addressing any issues including but not limited to: client’s web application security breach, client’s web application optimization, troubleshooting the client’s web application or web application modules, client’s web applications updates or security hardening etc..
The Company is only responsible to maintain it’s internal infrastructure in a good working condition. The infrastracture consists of: physical servers owned by the Company (any equipment owned by the client and hosted in our datacenter under a colocation agreement will not be subject to this policy), active network equipment (router, switch), passive network equipment (ethernet cables, patch panels), the internal power distribution system (generic power network equipment, UPS, diesel generator), the HVAC system.
The Company will cease to offer technical support for the duration of time elapsed between the due date of one or more unpaid client invoices until all due amounts are paid in full. In case a client has more than one active service, all of the client’s services will be under the effect of this policy.
6. Generic Usage and Storage
By registering and using the Company’s service you are accepting that under exceptional circumstances the Company may limit your hardware resources shares.
7. The Backup
The Company takes no liability for the creation, alternation, deletion of the data that the Client is hosting on the Company’s servers and equipments. The Client is solely responsible for the integrity of the data stored on the Company’s servers and equipments. The Client may use any backup method or policy that he/she deems necessary, without violating any terms in the present Terms of Service.
The Company has deployed internal backup policies that protect your data hosted on the shared hosting servers and the VPS nodes. The backups are performed daily, at off-peak hours and are used solely in the event of the Company’s servers failures. These backups can not be restored on the Client’s demand unless he/she invokes a Company server failure. The restoration requests will be subject to a internal investigation and addressed if the claim will be confirmed. We may, at our sole discrection, restore the contents of a client’s account following a restoration claim that is not related to a hardware failure. This will incur a 10 EUR+VAT charge per shared hosting account or a 50 EUR+VAT charge per VPS container restore.
The Company reserves the right the exempt those accounts (shared webhosting or VPS containers) that due to their size are generating a excessive load on the Company’s backup systems. As such, at our sole discretion, we may exclude the VPS containers using more than 5GB disk space and the the shared hosting account that are using more than 1GB disk space.
The Company is not backing up the dedicated servers and the colocated servers, since they are under the client’s administration control and he/she are solely responsible for the backup policies. The Clients can aquire an R1Soft license during the order process or later on.
8. No liabilty
The Company takes no liabily in not delivering the services in due time, data deletion or alternation or failure to store any of the Client’s personal setting.
The Client hereby agrees that:
– The Company takes no liability does not give and warrants, explicit or implicit, including but not limited to financial or legal liabilities;
– The Company is not in any way responsible for any data or data fragment downloaded or uploaded to and from the Company servers and infrastructure. The Client is solely responsible for any damage caused to the Client’s own equipments caused by transfering the data in or out of the Company’s infrastructure;
– The security mechanisms are inherently known to suffer from limitations, with the Client being solely responsible to secure his/her services and data stored on the Company’s infrastructure.
The Company does not warrant for the following:
– The service matches your particular requirements;
– The service will run without interruptions caused by phenomena in or out of the Company’s control;
– The quality of the services will met the Client’s expectations;
– Any software or hardware error will be addressed according the Client’s requirements;
9. Flood Attacks (DoS/DDoS)
This policy applies to our entire services range. Any DoS/DDoS (Denial of Service / Distributed Denial of Service) flood attacked targeting the Client’s services will immediately render his/her services inactive with no prior notice. The Company may inform the Client, following the deactivation, about the reason for this action. This policy is meant to protect other clients that are sharing the same servers or infrastructure with the attacked client. If the attack does not affect other clients and it’s effects are strictly limited to the attacked client, the Company may choose not to deactivate the attacked client and only to notify the Client in respect to that incident.
Some known high-risk services are: the audio streaming (ex. ShoutCast), the IRC (Internet Relay Chat) servers or the online gaming servers. We allow our Clients to use our services to host these types of services but the Clients should be aware of our Flood Attacks policy.
Following the deactivation, the Company may assist the Client in recovering the data stored on the Company’s infrastructure and servers, as the public access to the content will be restricted indefinitely.
10. Bandwidth Fair Usage Policy
Dedicated and Colocated Servers
The Dedicated or Colocated Servers are connected to 100 Mbps switch ports. The Company has a throughput clearance that is 3 times larger than the average normal usage. Thus the Client’s service will not suffer from throughput congestion or latency caused by the Company’s internal infrastructure and interconnection capacity. The throughput limit for a dedicated or colocated server is 20 Mbps, as indicated by 95th percentile graphs. The Client can require private access to his/her service’s throughput graphs.
If the Client’s server exceeds the 20 Mbps usage as indicated by the 95th percentile graphs for a timespan of over 15 days, the server’s switch port will be hard set to 10 Mbps. No overcharge applies for the Client’s service should this limitation was applied. The waive of this limitation can be initated by the Client, provided that he/she aggrees to pay a reasonable additional charge, following a negotiation with the Company’s Sales Department.
The above mentioned limitations apply to the metropolitan area connection. The throughput limit for international connectivity is 5 Mbps. If the Client’s server exceeds the 5 Mbps usage as indicated by the 95th percentile graphs for a timespan of over 15 days, the server’s international connectivity will be limited to 1 Mbps.
Virtual Private Servere (VPS) / Shared Hosting
The Virtual Private Servers and Shared Hosting Account are hosted on nodes that are connected to 100 Mbps or 1 Gbps switch ports. The Company has a throughput allowance that is 3 times larger than the average normal usage. Thus the Client’s service will not suffer from throughput congestion or latency caused by the Company’s internal infrastructure and interconnection capacity. The throughput limit for a VPS or a Shared Hosting account is 10 Mbps, as indicated by 95th percentile graphs. The Client can require private access to his/her service’s throughput graphs.
If the Client’s VPS or Shared Hosting account exceeds the 10 Mbps usage as indicated by the 95th percentile graphs for a timespan of over 15 days, the VPS or Shared Hosting account will be limited to 5 Mbps. No overcharge applies for the Client’s service should this limitation was applied. The waive of this limitation can be initiated by the Client, provided that he/she agrees to pay a reasonable additional charge, following a negotiation with the Company’s Sales Department.
The above mentioned limitations apply to the metropolitan area connection. The throughput limit for international connectivity is 5 Mbps. If the Client exceeds the 5 Mbps usage as indicated by the 95th percentile graphs for a timespan of over 15 days, the VPS or Shared Hosting account international connectivity will be limited to 1 Mbps.
The Company at it’s sole discretion may choose to enforce this policy or not.
The details about the 95th percentile throughput accounting can be found here:
11. Premium Phone Support
As an active client of this service you will be given a dedicated phone number (normal fees apply) and a password. You will be using these to get in touch with our tech team 24/7/365.
This service is strictly limited to critical incident reporting. You must not use this number to report non-critical issues or ask for sales related assistance.
Using this service you are limited to request support in the following situations only: reset/reboot, traffic blocking/unblocking, expedited provisioning of ordered upgrades but only in mission-critical circumstances. This phone number does not grant you access to management services (installation/configuration/optimization/security hardening of the operating system, the running services or web applications).
12. Service Resale
The Client agrees not to reproduce, multiply, copy, sell, resell any service or service component without the Company’s prior consent.
13. Force Majeure
Neither party will be reponsible for any delays in it’s actions or inactions governed by these Terms of Services if they are caused by phenomena out of it’s control including but not limited to acts of war, state Government actions, internet disruptions, destructive natural phenomena, embargoes, sabotage, work conflicts.
When invoking the Force Majeure the Company and/or the Client must:
– notify the other party;
– must make all reasonable diligences to limit the effects of the incident.
If the Company fails to provide it’s services to the Client for a timespan of over 30 days, the Client may choose to end the commercial agreement binding the two parties. The Company will not be in any way liable should such incident would occur.
14. Prices and Billing
The prices listed on the website do not include VAT. The invoices are issued in RON for Romanian citizens and companies, or are issued in EUR for international citizens or companies.
According to Art. 155 of 571/2003 Law the invoice must include at least the following details:
a) the invoice serial number;
b) the invoice issuing date;
c) the name, address and tax registration number of the invoice issuer;
d) the name, address of the private individual and also the tax registration number in case the Client is a company;
e) the name of the service(s);
f) the gross value of the services;
g) the VAT charge, or when applicable, a mention regarding the VAT exemption;
h) the VAT amount, for taxable services.
The invoices issued by the Company are delivered by email and comply with the above regulations as hard copies. Should the Client’s accountant require a hard copy to be sent over by the Company, there are two options available to Romanian destinations:
– Personal pick-up from our office during the business hours: 10:00 – 18:30 from Monday to Friday;
– Delivery by courier, which will incur a 15 RON (VAT included) charge;
– Please contact our sales team for international invoice expeditions costs.