General Contractual Terms and Conditions

Here are the general contractual terms and conditions, containing definitions, the object of the contract, provided services, contractual period, price and payment methods and more.

Applicable starting with 01.01.2024

The Contract concluded between the Parties and the General Contractual Terms and Conditions constitute the contractual basis on which the Services are offered by PRESSINFRA SRL to the USER. These General Contractual Terms and Conditions are attached to and form an integral part of the Contract, and all terms written in capital letters in the Contract shall have the meaning given to these General Contractual Terms and Conditions.

1. Definitions

The following capitalized terms have the following meanings:

PRESSLABS or PRESSINFRA

Designates the provider of the services PRESSINFRA SRL, located in Romania, Timișoara, Timiș County, str. Traian Vuia nr. 18, unique registration code: RO37483630, registered in the Commercial Register under the number: J35/1528/2017, with the email address accounting@presslabs.com , owner of www.presslabs.com and owner of the trademark PRESSLABS;

The USER

Designates the User of the Services as identified under the Contract. In case of change of identification data of the USER (name, registered office, tax data, registration data, bank data, USER’S representative, e-mail, etc.), the USER will notify PRESSLABS within 10 days of the change, and the Contract will be considered modified with the new data;

The Parties

Means either PRESSLABS and the USER and them, cumulatively;

Contract

Means the contract signed between the Parties containing the specific terms and conditions for the provision of Services together with these General Contractual Terms and Conditions;

Date of Signature

Means the date on which the Contract is signed by both Parties and indicated in the title of the Contract. For Demo websites, the General Contractual Terms and Conditions shall exceptionally apply from the date of their acceptance;

Effective Date

Means the date expressly provided in the Contract as of which it takes effect, or, if no such date is specified, the date of the signing of the Contract;

Addendum

Means the document reflecting any amendments or additions to the Contract, including the amendment of Service specifications or tariffs, applicable to specific websites to be hosted or relating to websites already hosted by PRESSLABS. The Addendum is an integral part of the Contract;

Date of signing of the Addendum

Means the date on which the Addendum is signed by both Parties and specified in the title of the Addendum. However, the Addendum may expressly provide for the effective date as of a date after the date the Addendum is signed;

Services

Means the web hosting services provided by PRESSLABS and the transport of the data from the USER to the clients and visitors of its website, as contracted by the USER on the basis of the orders sent to PRESSLABS by email or from the customer account (dashboard), or through add-ons. The technical specifications and the Tariff Plans of the Services can be found on www.presslabs.com at the time of their order.

Additional Add-on Services

Means the additional services offered by PRESSLABS in the form of add-ons, either in the form of hosting services for open-source applications, e.g. Thumbor, Elastic Search, etc., or in the form of additional resources, e.g. but not limited to: additional page views, additional development websites, additional CPU, additional RAM, additional disk space, etc. The Additional Add-on Services available from time to time, their features and corresponding fees are indicated on the website www.presslabs.com . These additional services are active for the websites specified by the USER and only as long as they are requested by them. Requesting, modifying or unsubscribing from Additional Add-on Services is done by the USER through the orders sent to PRESSLABS by e-mail or through the customer account (dashboard).

Development Website Services

Means the web hosting services related to one or more Development Websites operating in parallel with the public website(s) hosted by PRESSLABS for the USER, depending on the number of Development Websites contracted by the USER. A Development Website is a website that runs in parallel with the website(s) hosted by PRESSLABS and is used to make changes without affecting the production website. Development Websites are not public and therefore cannot be viewed by third parties. Development Website Services are an option granted to the USER for managing production websites within the number of Development Websites included in the Tariff Plan chosen by the USER. For Development Websites requested by the USER beyond the number included in the tariff plan, an additional fee will be charged, as indicated on the website www.presslabs.com ;

Demo Website

Means the website that the USER can create even before signing the Contract, simply by creating a customer account and accepting the General Contractual Terms and Conditions, in order to test the PRESSLABS Services. The hosting and use of the Demo Website is valid for a limited period of time, indicated on the website www.presslabs.com and in the customer account (dashboard), and is subject to certain restrictions (e.g. the Demo Website does not work with the domain of the USER, but with a sub-domain of PRESSLABS, etc.). After the demo period expires, the Demo Website can be used only if the USER converts it into a production website hosted by PRESSLABS, signs the Contract and pays the invoice for the contracted Services according to the selected Tariff Plan. The USER has the right to use maximum 1 Demo Website at any time.

Tariff Plan

Means the price of the Services and the applicable financial and resource terms and conditions established either for a single website hosted by PRESSLABS (“Single Website Tariff Plan”) or for a package of websites hosted by PRESSLABS for the same USER (“Group Tariff Plan”). The USER may enter into a Single Website Tariff Plan, or a Group Tariff Plan, or both types of plans, including multiple Tariff Plans of the same type.

The Tariff Plan includes the Monthly Subscription Fee and the Page Views Fee. The Tariff Plan agreed upon by the Parties may also include page views in the Monthly Subscription Fee, technical features and resources applicable to the hosting Services related to the websites included in the respective Tariff Plan, as well as the number of included Development Websites;

Depending on the Tariff Plan chosen by the USER, a different number of page views is included in the subscription, as well as different technical features of the hosting Services (disk space, computing resources, etc.). The Tariff Plan may also include several Development Websites that the USER can use at no additional cost. If PRESSLABS determines that the resources selected by the USER are not sufficient, a higher Tariff Plan will be recommended, which will include more resources and therefore provide better performance of the USER ’s website(s).

In the case of a Group Tariff Plan, the maximum number of websites included in the relevant tariff and the number of page views (page views included in the Monthly Subscription and additional page views), as well as any other limitations in terms of disk space, memory, other resources, etc., will be calculated with respect to all the websites selected in that Group Tariff Plan by the USER. If the USER has opted for a Group Tariff Plan, the full monthly subscription fee will be due, regardless of whether fewer websites are hosted than are included in the Group Tariff Plan.

The page views included in the Tariff Plan or in Additional Add-on Services cannot be reported from one month to another, regardless of the type of Tariff Plan chosen.

The cost of each Tariff Plan is the standard cost indicated on the www.presslabs.com website at the time of contracting by the USER and will be indicated on the invoices issued by PRESSLABS, unless the Parties agrees to a specific Tariff Plan expressly set forth in the Contract or Addendums. The cost of the Tariff Plan consists of the Monthly Subscription Fee and the Page Views Fee.

For the avoidance of any doubt, PRESSLABS reserves the right to change the Tariff Plans displayed on the website www.presslabs.com at any time. However, in the event that the Tariff Plans displayed on the website www.presslabs.com change from time to time, the Tariff Plan contracted by the USER shall be maintained until the USER requests another Tariff Plan from those available on the website www.presslabs.com at that time, or PRESSLABS informs the USER of the increase of the tariffs of its own suppliers, resulting in the fact that the agreed Tariff Plan can no longer be offered and must be replaced by a new Tariff Plan corresponding to the tariffs available on the PRESSLABS website at that time or agreed by the Parties. In the latter case, PRESSLABS shall inform the USER at least 30 days in advance of the need to change the Tariff Plan. Within this period the USER must choose another Tariff Plan, otherwise the Contract shall terminate in relation to the websites and Services to which the Tariff Plan, which can no longer be offered by PRESSLABS, was applicable.

A change of the Tariff Plans on the website www.presslabs.com does not lead to an automatic change of the tariff plans concluded by the USER.

Monthly Subscription Fee

Means the amount of which is set forth in the specifications of the applicable Tariff Plan, paid for the hosting services of each website or group of websites, as applicable, together with related support services, and may include page views;

Add-on Fee

Means the monthly subscription fee payable by the USER for the Additional Add-on Services, for each Add-on and each website/group of websites for which the USER has requested such Services. The amount of the Add-on Fee shall be the one indicated on the website www.presslabs.com at the time of ordering the respective Add-on and shall be shown in the invoice issued by PRESSLABS.

Page Views Fee

Means the fee for the page views recorded on each of the websites or group of websites hosted by PRESSLABS for the USER. If the Tariff Plan agreed by the Parties also includes page views in the Monthly Subscription Fee, or if Additional Add-on Services such as additional page views have been contracted, the Page Views Fee shall be charged for the page views exceeding the number of page views included in the Monthly Subscription Fee for each website or group of websites plus any Additional Add-on Services containing additional page views;

The page views included in the Tariff Plan or in Additional Add-on Services cannot be reported from one month to another, regardless of the type of Tariff Plan chosen.

2. Subject matter/ Services

  1. The subject matter of the Contract is the provision of web hosting Services on servers by PRESSLABS and the transport of data for the customers and visitors of USER’s website(s), as presented on the website www.presslabs.com at the time of the conclusion of the Contract and, if the USER has chosen to do so, the provision of the Add-on Services by PRESSLABS.
  2. For the purpose of commissioning the Services, the USER shall enter into the Contract with PRESSLABS (to which these General Contractual Terms and Conditions are annexed), which shall constitute a framework contract on the basis of which the contractual relationship between the Parties shall be established. The Tariff Plans among which the USER may choose are those offered on the website www.presslabs.com at the time of ordering the Services related to the respective Tariff Plans. In order to enter into a Contract with PRESSLABS, the USER sends a request by e-mail or through its customer account (dashboard), specifying the website(s) to be hosted and the Tariff Plan selected in each case. If the Parties wish to specify a specific Tariff Plan that differs from the standard tariffs on the PRESSLABS website, they shall conclude a corresponding Addendum. If the USER wishes to change the Tariff Plan applicable to a specific website with another Tariff Plan existing on the website www.presslabs.com , it may do so unilaterally by sending an email to PRESSLABS or through its customer account (dashboard). The change will take effect from the corresponding dayor from a later date chosen by the USER (for the increase of the Tariff Plan) or from the next calendar month (for the decrease of the Tariff Plan). In the event of an increase in the Tariff Plan, the USER must pay only the difference between the two Tariff Plans for the current month, in proportion to the number of days the new Tariff Plan was active, and the page views included for that month will also be prorated according to the page views included in each of the two Tariff Plans. However, if the USER has chosen to prepay a Tariff Plan for several months, it will no longer be able to replace it with a lower Tariff Plan, as PRESSLABS will not refund the payments. Instead, the USER may change the website to which the respective prepaid Tariff Plan applies or replace it with another Tariff Plan with a higher value, if the resources associated with this Tariff Plan allow it for the new website(s). The USER will commission, modify and discontinue the Additional Add-ons Services in the same way as described above.
  3. Before signing the Contract, the USER will create a user account on the electronic platform of PRESSLABS (to be found at www.presslabs.com ) in order to enter the billing data on the basis of which the Contract will be created. The account allows the USER to manage its hosted website(s), to request a new website and also to use a Demo Website. When creating the account, the USER accepts the General Contractual Terms and Conditions. Later, he has the option to activate a Demo Website for a limited period, which is indicated on the website www.presslabs.com and in the dashboard. After this period, the Demo Website can be used only if the USER converts it into a production website hosted by PRESSLABS, signs the Contract and pays the invoice for the contracted Services according to the selected Tariff Plan. The USER may contract Services for multiple hosted websites, each at a Tariff Plan (Single Website Tariff Plan or Group Tariff Plan). At each addition of a new website to be hosted by PRESSLABS, the object of the Contract shall be deemed to be added accordingly at the time of the request done by the USER for the addition of the new website(s). Upon ordering the Services for a new website, PRESSLABS shall send a notice to the USER, which shall include the list of the new hosted website(s) (identified by a unique identification code of the website or the domain name, the latter being subject to change at any time by the USER) and the applicable Tariff Plan, according to the choice of the USER (containing the Monthly Subscription Fee, the included page views, the Page Views Fee, the number of Development Websites included and the technical features and resources applicable to the website(s) included in the applicable Tariff Plan), as well as any Additional Add-on Services if the USER selected them. If it is a Group Tariff Plan, the notice will also specify how many websites can be included in the respective Group Tariff Plan. The USER will have the ability to continuously see in its dashboard how many and which websites are assigned to each Tariff Plan. The contractual relationship between the Parties is concluded with the order confirmation notices received by email and displayed in the dashboard of the USER, which contain the Tariff Plans concluded by the USER and their modifications.
  4. The invoices issued by PRESSLABS to the USER will provide the name of the hosted websites (identified by a unique identification code or the domain name chosen by the USER), and, for each website, or group of websites, the Monthly Subscription Fee, the number of billable page views in the previous month and reported to them the actual Page Views Fee due. If applicable, the invoice will also include the Additional Add-on Services the USER has opted for and the websites to which they are applicable, as well as the Add-on Fee due per month for each Add-on and website, or group of websites.
  5. In addition, PRESSLABS may, at the express request of the USER, provide on a one-time basis at the beginning of the hosting services of each website, the related setup services (migration and optimization services) of the USER’s’ website(s) to be hosted. The USER shall provide PRESSLABS with the necessary data (website and migration details) to enable PRESSLABS to access the website that the USER wishes to migrate, optimize and have hosted by PRESSLABS. After an analysis of the complexity of the website, the USER will be informed by email of the details, restrictions, conditions and estimated timeframe in which the website setup (migration and optimization) will be carried out, or aspects required for the functionality of the new website, aspects that do not depend on PRESSLABS and are not its responsibility. By accepting these General Contractual Terms and Conditions, the USER expressly agrees that PRESSLABS will carry out the migration and optimization of the website(s) under these conditions and with these limitations. By providing this information, the USER expressly and unequivocally agrees that the Services will be provided as of the Effective Date.
  6. In addition, when analyzing the complexity of the website to be installed for the USER, PRESSLABS reserves the right to request a setup fee, which will be communicated to the USER by email, with the request to give its express consent to its amount, otherwise the USER itself will be responsible for the migration of its website. This setup fee will be invoiced on the next invoice that PRESSLABS will issue to USER.
  7. In addition, PRESSLABS shall provide Services to the USER for Development Websites within the limits of the number of Development Websites included in the Tariff Plan chosen by the USER. Development Websites requested by the USER in excess of the number included in the Tariff Plan, will be subject to an additional fee as indicated on the website www.presslabs.com .
  8. At the request of the USER, PRESSLABS may also provide information technology consulting services at a separately agreed hourly rate, and the consulting activities will be included in the monthly invoices or attachments thereto.
  9. The technical parameters that PRESSLABS undertakes to respect, the content and the features of the Services are those presented on the website www.presslabs.com at the time of the conclusion of the Services for each Tariff Plan. PRESSLABS guarantees 100% uptime for the public website(s) of the USER, excluding the administrative interface - /wp-admin/ - and the users logged into the administrative interface from the uptime. In addition, maintenance periods and errors caused by USER are excluded from the guaranteed uptime. The uptime is monitored using services provided by a specialized third party (e.g. www.statuscake.com ). The USER has access to monthly reports on the uptime. The cost of the Internet provider required to access the websites hosted by PRESSLABS shall be borne solely by the USER and shall not be part of the service provided by PRESSLABS. The services provided by PRESSLABS shall be subject to the warranty terms and conditions of the applicable legal provisions, as well as the warranty terms and conditions in accordance with PRESSLABS’ commercial policy.
  10. Herewith the USER is informed about the existence of the codes of conduct as defined in art. 2 letter f) of the Law no. 363/2007 on the fight against unfair trade practices in dealing with consumers and harmonization of the regulations with the European legislation on consumer protection. To obtain copies of these documents, the USER can contact PRESSLABS by e-mail.
  11. The USER also expressly agrees that, if the actual owner of the website submits to PRESSLABS a request to terminate the hosting of its website on the grounds of intellectual property rights, PRESSLABS reserves the right to unilaterally terminate the contract concluded with the USER for the website in question and to terminate the hosting Services, without any compensation being due to the USER or any third party. In this case the USER has the possibility to claim any possible damages exclusively from its customer (the owner of the website).
  12. With respect to the Additional Add-on Services, in the form of applications, the USER, declares that it understands and agrees that PRESSLABS only hosts these Add-on applications on web servers, with their use by the USER based on and within the limits of the open-source license established by the holders of the intellectual property rights to these applications, and for how long these open-source licenses allow such use. For example, Elasticsearch is a registered trademark of Elasticsearch BV, registered in the United States and other countries. Thumbor is licensed under the MIT license. PRESSLABS may at any time add to or change the offer on the website in relation to the Additional Add-on Services, as well as the applications used or their versions. The USER declares that, before applying for the Add-on Services he/she has read and is aware of the terms and conditions of the open-source license for the Add-on applications to be hosted by PRESSLABS. The USER shall be fully responsible for the correct and appropriate use of the Add-on applications according to his/her needs in order to achieve the desired results. PRESSLABS does not guarantee the functionality or performance of these applications or the conformity with a specific purpose and is not responsible in any way for the results obtained through their use.
  13. The Contract concluded with the USER and the applicable General Contractual Terms and Conditions will be sent by email to the USER or stored in its customer account (dashboard).

3. Contractual Period

  1. This Contract is entered into for a minimum initial term equal to the number of days remaining until the end of the calendar month in which the Contract is signed plus one full calendar month, unless the Contract signed between the Parties provides otherwise.
  2. Thereafter, the term of the Contract shall be automatically renewed under the same conditions (exceptions shall apply if changes have occurred pursuant to Art. 4, Item 13, in which case those terms will be applied), with the period corresponding to one calendar month, unless one Party notifies the other Party in writing by email or through the customer account (dashboard) at least 15 days in the case of PRESSLABS and 5 days in the case of USER prior to the expiration of the current contract term that it does not wish to extend the Contract. The extension of the contract term for the next month is subject to the USER paying the proforma or tax invoice issued by PRESSLABS for the current month and for the month to which the extension applies within the specified time frame. However, the Contract shall be considered extended if the USER pays the outstanding invoice before PRESSLABS invokes the termination of the Contract. By paying the pro forma or tax invoice for the month to which the extension applies, the USER expressly agrees to the extension of the Contract for that period. The extension of the contract period shall apply to all Services provided for all websites contracted by the USER when the pro forma or tax invoice has been paid in full.
  3. The USER expressly agrees that no prior notice is required for the automatic renewal of the contractual period.
  4. The Parties expressly agree that in the event that the USER has requested an advance payment for 12 contract months in accordance with the following provisions (or an advance payment for any other term agreed upon by the parties), the Contract shall be effective as of the Date of Signature and shall initially be valid for a period equal to the number of days remaining until the end of the calendar month in which the Contract was signed, adding the months for which the advance payment was requested with respect to the Tariff Plan for which it was prepaid. Thereafter, the duration of the Contract shall be automatically renewed for the same 12-month period (or by the period for which the advance payment was made), unless the USER notifies PRESSLABS that it wishes to return to monthly billing or the Contract terminates in accordance with the General Terms and Conditions. The renewal of the Contract for the next period is subject to the timely payment of invoices.

In the case of the Tariff Plans for which the Monthly Subscription Fee has not been paid in advance, the contract period of the corresponding Services shall be equal to one calendar month with automatic extension for periods equal to one month, under the terms of the General Terms and Conditions. The extension of the Contract for the next month is conditioned by the timely payment of the invoices.

4. Service Price and Payment Method

  1. The price for the web hosting Services offered by PRESSLABS is determined by the applicable Tariff Plans displayed on the website www.presslabs.com and contracted by the USER. The Tariff Plan specifically applicable to each hosted website, or group of websites shall be selected by the USER from the Tariff Plans displayed on the website www.presslabs.com , by notifying PRESSLABS by email or through the customer account (dashboard), whereby the USER shall be able to determine which of the Tariff Plans are applicable to each website and which websites belong to a Group Tariff Plan.

The USER acknowledges and accepts that certain Tariff Plans offered on the website www.presslabs.com are only applicable in certain cases and therefore may not be accessible to the USER (for example: offers for new customers, for long-term customers, for customers with subscriptions over a certain value or over a number of hosted websites, for customers who have recommended PRESSLABS Services to third parties, etc.).

For the Additional Add-on Services, the USER will pay the Add-on Fee, displayed on the website www.presslabs.com , for the Add-ons it has opted for by sending a notification to PRESSLABS via email or through the customer account (dashboard) and the websites to which these Add-ons are applicable.

  1. Exceptionally, the Parties may agree to a special Tariff Plan provided in an Addendum for specific websites and applicable only to those identified websites.
  2. When ordering the Services for an additional website, the USER shall indicate which Tariff Plan shall apply and if the website is part of a Group Tariff Plan, PRESSLABS shall send an order confirmation to the USER after the order has been placed, which shall include the new website that will be hosted (identified by a unique identification code or domain name), and the applicable Tariff Plan of the USER’s choice, and/or the Additional Add-on Services selected by the USER.

The invoices issued by PRESSLABS to the USER will include the Monthly Subscription Fee (per website or group of websites) as well as the websites included in each Monthly Subscription Fee, identified by a unique identification code or by domain names, the number of page views billable from the previous month (per website or group of websites) and the actual Page Views Fee due to them (for page views that exceed the number of page views included in the Tariff Plan and Additional Add-on Services), as well as the Add-on Fee if any. The additional websites added by the USER will be billed immediately after the website is added, through an invoice that includes only a pro-rata amount of the value of the Monthly Subscription Fee and the Add-on Fee, proportional to the number of days remaining until the end of the month in which the website was added.

  1. The cost of the Tariff Plan consists of the Monthly Subscription Fee and the Page Views Fee. The Monthly Subscription Fee is for hosting and support services and may include page views). For the monthly page views registered on each website, or group of websites hosted by PRESSLABS for the USER, the USER will pay in the following month an additional fee to the subscription fee based on the number of page views registered on that website, or group of websites in the previous month, which shall be identified as the Page Views Fee. The Page Views Fee is set for a certain number of page views, but the USER pays an additional fee proportional to the exact number of page views registered in the previous month for each website or group of websites, rounded up to 2 decimal places if necessary. PRESSLABS’s system counts each page view form the websites of the USER, regardless of whether the USER is logged into the WordPress dashboard or not. Compared to other statistics tools that rely on JavaScript, PRESSLABS uses a mixed method that relies on JavaScript and log parsing. The USER can monitor the exact number of page views and the traffic of its websites on an hourly, daily and monthly basis, separated on static resources and HTML content, by accessing the customer account (dashboard). The USER is also aware that errors may occur in this method of calculation and billing the additional fee, which it accepts in view of their occurrence, within a limit of 3%.

If the Tariff Plan agreed to by the Parties also provides for page views that are included in the Monthly Subscription Fee, or if Additional Add-on Services that include page views are also contracted for, the Page Views Fee shall be calculated based on the page views that exceed the number of page views included in the Monthly Subscription Fee and in the Additional Add-on Services for each website or group of websites, as applicable.

  1. If the USER wishes to change the Tariff Plan applicable to a given website, with another Tariff Plan existing at a given time on the website www.presslabs.com , it may do so unilaterally by sending an e-mail to PRESSLABS or through its customer account (dashboard), and the change will take effect on the corresponding day, or from a later date chosen by the USER (in the case of an increase in the Tariff Plan) or from the next calendar month (in the case if a decrease in the Tariff Plan). Subsequently, PRESSLABS will send a message confirming the change to the USER e-mail address.

In case the USER wishes to cancel a Tariff Plan, it is obliged to notify PRESSLABS by e-mail or through its customer account (dashboard) at least 5 days before the beginning of a new calendar month, and it will receive by e-mail a confirmation of the cancellation request and the date from which the change will take place. In any case, as of the month following the notification, the Monthly Subscription Fee for the Tariff Plan in question will no longer be due, and there will be no refund of the invoices already issued.

If the USER wishes to remove any of the websites served by a Group Tariff Plan, it can request this to PRESSLABS by e-mail or through its customer account (dashboard). PRESSLABS will then send a message to the email address of the USER, confirming the deletion of the website in question. However, this will not affect the amounts due for this Group Tariff Plan until all websites are deleted from this Tariff Plan and this can be removed from his customer account.

However, in case the USER has opted for prepayment of a Tariff Plan for several months, the USER cannot replace it with a lower value one before the expiry of the period for which the prepayment has been made, as PRESSLABS does not provide refunds. Instead, the USER may replace the Tariff Plan with another one of higher value or change the website to which the respective prepaid Tariff Plan is applicable, provided that the resources associated with this Tariff Plan allow it. In the event of an increase in the prepaid Tariff Plan, the USER must pay the difference between the old and the new Tariff Plan, proportionally to the remaining term until the end of the prepaid period for the old Tariff Plan, also taking into account the bonus granted according to Art. 4, Point 14 below. In this case, the invoices already issued with the names of the websites before the changes can no longer be modified, but PRESSLABS will send a notification to the USER e-mail address confirming the changes made. For clarification, the page views included in the Tariff Plan or in Additional Add-on Services cannot be reported from one month to another, regardless of the type of Tariff Plan chosen.

  1. In addition, the USER can exchange its websites between the already concluded Tariff Plans (e.g.: change Tariff Plans between 2 websites, move a website to a Group Tariff Plan if still possible, etc.) by sending an email to PRESSLABS or through its customer account (dashboard), with the change taking effect on the day of the request, if the resources associated with that Tariff Plan allow it.In this case, the invoices already issued with the names of the websites before the changes can no longer be modified, but PRESSLABS will send a notification to the USER e-mail address confirming the changes made.
  2. All special offers will be recorded in an Addendum to the Contract.
  3. Payments will be made by automatic debit after the USER has entered the card details into the customer account (dashboard), based on the proforma or tax invoices issued by PRESSLABS. In exceptional cases the payment may also be made by bank transfer directly to the account of PRESSLABS or in any other way agreed by the Parties.

The USER agrees that when its card is set as a recurring payment, the amount due will also be automatically debited from the card when proformas or tax invoices are issued. The USER acknowledges the right of PRESSLABS to change the payment method for the Services with an appropriate advance notice. On the invoice issued by PRESSLABS to the USER the price will be indicated in RON (Romanian national currency) for customers located in Romania and in USD/RON or EUR/RON for customers located outside Romania (for all customers the amount will also be converted into the Romanian national currency, at the National Bank of Romanian’s exchange rate on the day of issuance). The payment will be made in USD or EUR (as the case may be) for clients not resident in Romania and in RON for clients resident in Romania, at the exchange rate of RON-EUR or RON-USD on the day of issuing the proforma or tax invoice. If PRESSLABS is required by law to charge the USER VAT in addition to the prices displayed on the website www.presslabs.com and the prices specified in the Contract or in the Addendum, the VAT shall be invoiced and charged as of the date of issuance of the invoice, in accordance with the provisions of the law.

  1. The first proforma or tax invoice of a client is issued at the moment when the USER, after signing the Contract, requests the addition of the first website to be hosted by PRESSLABS, and its value consists of:
  • a prorated amount of the Monthly Subscription Fee and the Add-on Fee, proportional to the number of days remaining until the end of the calendar month in which the Contract was signed; and
  • the set-up fee, if applicable

In this case, it is necessary to enter the card details for recurring payments and the payment of this first proforma or tax invoice to complete the addition of the first website in the customer’s account. Thereafter, by the 7th of each month, PRESSLABS will issue a monthly proforma or tax invoice for the Monthly Subscription Fee for the Services offered in that month, plus the Page Views Fee corresponding to the previous month’s page views for each website, or group of websites, and the Add-on Fee for that month. Payment of the Service shall be due within 5 calendar days from the date of the proforma or tax invoice, or by such other deadline as mutually agreed upon by the Parties. In case of direct debit, the payment shall be made on the date of issuance the proforma or tax invoice. The USER undertakes to pay the monthly subscription fees for the Service in advance for the relevant delivery period.

If the USER adds a new Tariff Plan during the course of the Contract, PRESSLABS shall immediately issue a new invoice for this Tariff Plan which shall contain the following information:

• a prorated amount from the value of the Monthly Subscription Fee for the new Tariff Plan and the Add-on Fee, proportional to the number of days remaining until the end of the month in which the respective new Tariff Plan was activated; and

• the set-up fee, if applicable.

Thereafter, the new Tariff Plan shall be included with the other contracted Tariff Plansin the monthly invoice which shall include the Monthly Subscription Fee for the Services to be offered in that month, to which shall be added the Page Views Fee corresponding to the previous month’s page views for each individual website, or group of websites, and the Add-on Fee for that month.

  1. The USER agrees that the payments are valid based on the proforma or tax invoices sent by email. Moreover, in the case of automatic debits, if these are canceled/revoked by the payment service provider, PRESSLABS may validly request the cancelation of this operation and the payment of the corresponding amount on the basis of the proforma or tax invoice issued, the contract and/or the applicable Addendum, as well as the report of page views related to these websites for the period in question.
  2. In case of non-payment of the proforma or tax invoice by the due date, PRESSLABS shall have the right to suspend the provision of the Services and the Additional Add-on Services without notice or other prior formalities. For clarification, the invoice amount is not divisible, and the USER is obliged to pay the full amount. In case of failure to pay the proforma or tax invoice amount in full, PRESSLABS shall have the right to suspend the provision of the Services and the Additional Add-on Services for all the websites of the USER, regardless of whether a partial payment has been made or not. The USER may confirm a payment by sending the document confirming the payment by email, or when the credit card payment system (or any other system or financial institution applicable from time to time) confirms the payment.
  3. The USER agrees that in case of non-confirmation of payment within 30 days from the due date of the last invoice, the data and information uploaded and stored on PRESSLABS servers by the USER, or its authorized representatives may be deleted.
  4. PRESSLABS reserves the right to unilaterally modify the content of the Contractual Terms and Conditions for justified reasons, without prior notice. These changes will be immediately communicated to the USER and will be effective immediately or from the date indicated for their application. If the changes relate to the characteristics (including page views, guaranteed uptime, etc.), price or execution time of the Services, PRESSLABS shall notify these changes to USER with 30 days’ notice, which shall apply as of the next contractual month, giving the USER the flexibility to accept the new terms or decide not to renew the Contract following these changes, by following the procedure described in Art. 3, Item 2 above. Failure to respond is equivalent to refusal to renew the Contract after the new changes.

PRESSLABS reserves the right to change the information and the Tariff Plans displayed on the website www.presslabs.com at any time. However, in the event that the Tariff Plans displayed on the website www.presslabs.com change from time to time, the Tariff Plan contracted by the USER shall be maintained until the USER selects another Tariff Plan from those available on the website www.presslabs.com at that time or PRESSLABS informs the USER of the increase in the tariffs of its own suppliers, which shall result in the agreed Tariff Plan no longer being offered and having to be replaced by a new Tariff Plan corresponding to the tariffs available on the PRESSLABS website at that time or to a Tariff Plan agreed upon by the parties. In the latter case, PRESSLABS shall inform the USER at least 30 days in advance of the need to change the Tariff Plan. Within this period the USER must choose another Tariff Plan, otherwise the Contract shall terminate with respect to the websites and Services to which the Tariff Plan was applicable, which can no longer be offered by PRESSLABS. Prepaid Tariff Plans remain unchanged for the entire paid period.

  1. Granting of discount/bonus. If the USER chooses to pay the Monthly Subscription Fee for a Tariff Plan or an Additional Add-on Service for 12 months in advance, PRESSLABS will provide a bonus of 2 months free Monthly Subscription Fee out of the 12 months, for that Tariff Plan or Additional Add-on Service, with the USER actually paying the Monthly Subscription Fee or Add-on Fee for 10 months. The Page Views Fee is not included in this discount and will be due normally according to the Tariff Plan. In this case, if it is a website already hosted by PRESSLABS, the USER must inform PRESSLABS about this intention by e-mail or through the customer account (dashboard) before the 1st of the month and make the advance payment within 5 days after issuing the corresponding invoice. In this case, the contract period corresponding to the prepaid Tariff Plan shall be considered as 12 months. If it is a new website, the USER must inform PRESSLABS by e-mail or through the customer account (dashboard) of the intention to pay in advance and make the prepayment within 5 days of the issue of the corresponding invoice or on the date expressly indicated on the invoice. The contract period corresponding to the prepaid Tariff Plan shall be the number of days remaining until the end of the calendar month in which the prepayment was requested, plus 12 months. For the current month, the USER shall pay a pro rata amount of the value of the Monthly Subscription Fee and the Add-on Fee of the prepaid Tariff Plan, proportional to the number of days remaining until the end of the month, to which a discount of 16.7% shall be applied. For websites already hosted, the prepayment provisions shall apply from the 1st of the month following the month in which the request is made, if this is the case.

In case of prepayment, and the USER may no longer request the early termination of the respective Tariff Plan and the refund of the Monthly Subscription Fee, but may change the website to which the prepaid Tariff Plan is applicable.

If PRESSLABS is no longer able to provide the Services for the prepaid period due to its fault, the USER shall have the right to request a refund of the prepaid Monthly Subscription Fee for the period during which it did not use the Services, which shall be the only compensation to which the USER is entitled.

During the 12 prepaid contract months, the Page Views Fee related to the additional page views to the page views included in the prepaid Tariff Plan, will be invoiced by PRESSLABS on a monthly basis, in the same invoice as the other Tariff Plans, if applicable. The Monthly Subscription Fee and the Page Views Fee corresponding to the Tariff Plans for which the Monthly Subscription is not prepaid shall be paid monthly in accordance with the above provisions. If the USER adds a new website and has chosen a Tariff Plan other than the prepaid one, the payment of the Tariff Plan for the new website will be made monthly by default according to the above provisions. However, if the USER adds a new website within the Tariff Plan whose Monthly Subscription Fee has been prepaid (until the maximum number of websites in that Tariff Plan is reached), the newly added website will not incur any additional costs if the resources related to that Tariff Plan allow it, except for possible additional page views to those included in the Tariff Plan.

At the end of the 12 prepaid contract months, PRESSLABS will issue the invoice for the following 12 contract months, unless the USER notifies PRESSLABS by email or through the customer account (dashboard) at least 15 days before the end of the 12-month contract period that it no longer wishes to pre-pay and reverts to monthly billing for this Tariff Plan.

For the avoidance of doubt, in the event that the monthly invoices containing the Page Views Fee for the page views exceeding the ones included in the Tariff Plan and, if applicable, in Additional Add-on Services, paid in advance, are not paid on time, PRESSLABS shall have the right to suspend the provision of the Services and Additional Add-on Services without prior notice or other formalities, as provided for in Art. 4, Item 11 above.

The parties may also agree on other periods for which the USER will make the advance payment. In this case, the same principles as above shall apply, but the period for which the advance payment is made, and the bonus granted shall be expressly specified in an Addendum.

PRESSLABS reserves the right to grant other discounts, the terms of which will be published on the website www.presslabs.com or which are personalized discounts for specific users. When PRESSLABS grants such a discount, it will notify the USER by e-mail and through the customer account (dashboard), indicating the amount of the discount, the terms of application, the date and the period of application.

5. Commencement Date

  1. The start date of the provision of the Services for each new website shall be the date on which the USER pays the invoice issued by PRESSLABS for the respective Services related to the new website, unless the Parties have agreed on other terms (e.g. the start date of the provision of the Services, even if the payment deadline is at a later date). If the addition of the website is within a Tariff Plan already paid by the USER, the provision of the Services for this website shall start from the moment when PRESSLABS sends the notification of the addition of the website to the corresponding Tariff Plan already concluded.
  2. If the USER expressly requests the installation/setup of the website (migration and optimization) by PRESSLABS, this shall commence within a maximum of 72 hours from the date of payment of the invoice for the hosting Services of the website in question and the migration fee, unless a different date is expressly indicated. This period may be extended, regardless of PRESSLABS’ will, if the USER does not provide PRESSLABS with all the connection data necessary to complete the installation work.
  3. The USER will be informed by e-mail or in its customer account (dashboard) about the completion of the installation/setup process.
  4. In case the USER has not requested PRESSLABS to perform the migration and installation of the new website, the USER may do so itself after paying the invoice for the hosting services of the website in question according to the chosen Tariff Plan.

6. Rights and Obligations of the Contractual Parties

  1. PRESSLABS rights and obligations:
  • PRESSLABS undertakes to provide its Services to the USER which, under normal conditions, comply with the specifications indicated in PRESSLABS’ offer for such Service at the time of the conclusion of the Contract, with an uptime as indicated in Art. 2, Item 9 above.
  • If so requested, PRESSLABS shall use its best efforts to set up (migrate and optimize) the website according to the conditions communicated to the USER, without guaranteeing the complete transfer and functionality of the website, in case the transfer and functionality depend on factors external to PRESSLABS. In this regard, the USER agrees that certain features of PRESSLABS may be disabled as a security measure for the website of the USER.
  • PRESSLABS guarantees the complete confidentiality of the information provided by the USER in accordance with the Confidentiality Policy, available on www.presslabs.com .
  • PRESSLABS guarantees to take all measures to remedy any technical problems that may prevent the normal functioning of the Services and for which PRESSLABS is responsible.
  • PRESSLABS has the right to suspend or terminate the provision of Services or Add-ons Services to the USER without prior notice or other formalities and without payment of any compensation or damages, if the USER violates the General Terms and Conditions for the Use of the Services listed in section VII or, in case of suspicion of such violation, unjustifiably refuses to provide additional information or if the termination of Services is necessary to protect PRESSLABS’ network.
  1. The USER declares and warrants the following:
  • It is a natural person with a minimum age of 18 years or a duly constituted legal entity capable of using services such as those offered by PRESSLABS, and the representative of the legal entity who fills in the order form and establishes the customer account on its behalf is authorized to effectively bind the legal entity.
  • The data and information provided in the managed hosting dashboard (including identification data and residence and tax residency) and in the customer account (dashboard) are accurate, complete and real and are updated correctly and continuously.
  • Agrees that his/her personal data will be processed by PRESSLABS and used for the provision of the specified Service, for marketing purposes, if the USER has selected that he/she agrees to receive information about the products, services and events organized by PRESSLABS, as well as for all other operations necessary for the fulfillment of the contractual relationship and the activity on www.presslabs.com . In case the USER has the citizenship of another country, he/she has the legal capacity to use the Services according to the law of his/her country of origin.
  • He/she accepts the Contractual Terms and Conditions and takes full responsibility for the consequences resulting from the use of the Services offered by PRESSLABS. PRESSLABS can therefore not be held liable for any errors resulting from his/her negligence.
  1. USER rights and obligations:
  • The USER undertakes to comply strictly with the terms and conditions of this Contract and to use the Services and Add-on Services in accordance with the section VII below “General Terms and Conditions for the Use of the Services”.
  • The USER undertakes to pay in full and on time for the Services and Add-on Services offered by PRESSLABS, as well as for the amount of the “Setup Fee”, in accordance with the terms and conditions set forth in these Contractual Terms and Conditions.
  • The USER is obliged to constantly renew its contact and billing data.
  • The USER is responsible for the security of its account and is liable for all activities and operations that take place on its account, including those carried out by its employees or contractors.
  • The USER has the right to use the Services according to the contractual standards and to inform PRESSLABS of any technical difficulties that may cause the Service not to be used according to the contractual terms.

7. General Terms and Conditions for Services Usage (applicable also in case of DEMO sites)

  1. The USER is prohibited from using the PRESSLABS Services to transmit, destroy or store any material that violates any applicable law, and agrees not to infringe any trademark rights, copyrights, trade secrets, other intellectual property rights or any other rights of any other party. It is not allowed for the USER to use the Service in a dishonest, defamatory, slanderous, threatening or offensive manner. In this regard, the USER acknowledges and agrees that PRESSLABS shall not be responsible or liable in any way, directly or indirectly, for any damage or loss caused or alleged to be caused by infringement of any third party’s intellectual property rights, all such loss being for the account of the USER.
  2. PRESSLABS shall not be liable for the material created, stored or made available on or through its Services and not sent by or at the request of PRESSLABS. The responsibility of PRESSLABS for the content of websites is limited only to websites owned by PRESSLABS.
  3. The USER is aware that accessing any material available on the Internet, the provision of personal data, including bank account numbers, credit card numbers of any kind, the acceptance of loading applications that install automaticallyor authentication by password, the acceptance of automatic connections to third parties may harm the USER, PRESSLABS and/or other third parties.
  4. The content of the materials (texts, images, logos, applications, etc.) contained on www.presslabs.com and any subdomain of the *.presslabs.com type is the property of PRESSLABS and is protected by the laws in force regarding intellectual property. The USER is not authorized to reproduce, modify, copy or otherwise use these materials without the prior written consent of PRESSLABS, except for the exclusive purpose of using the Services in accordance with the Contractual Terms and Conditions.
  5. The USER agrees that the entire content of the websites hosted through the Services offered by PRESSLABS is entirely the property of the USER and PRESSLABS has no control over these websites and information. Therefore, the USER acknowledges and agrees that PRESSLABS is not responsible for and does not endorse the content, information, advertising, products or materials on or available from the USER website. The USER acknowledges and agrees that PRESSLABS shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in any way connected with use of such information, products or materials. The USER agrees to bear the entire responsibility for all activities that take place on its website.
  6. In order to prevent and combat abusive and illegal activities, the USER agrees to allow PRESSLABS to monitor and record its Internet Protocol address and the activities on www.presslabs.com and the sites hosted by PRESSLABS. Abusive activities include, but are not limited to, the USER refraining from:
  • Attempting to gain unauthorized access to the Services, other accounts, or networks connected to the Services;
  • Transmission of material containing viruses, Trojan horses, “worms”, “time bombs”, cancelbots or other harmful or destructive programs;
  • Interfering with or disrupting networks connected to the Services;
  • Using a false identity or attempting to deceive about the identity of the USER;
  • Uploading, publishing, transmitting or storing information and materials through the Services that, in the exclusive opinion of PRESSLABS, violate applicable laws;
  • Uploading, posting, transmitting or storing information and materials through the Services that, in the exclusive opinion of PRESSLABS, are obscene, indecent, defamatory or otherwise likely to adversely affect any person or entity;
  • Uploading, posting, transmitting or storing any information or materials through the Services that, in the exclusive opinion of PRESSLABS, infringe the rights of any other person, including intellectual property rights, trade secrets, patents, including but not limited to the installation or distribution of counterfeit products or products for which he/she does not have a license to use.
  1. The USER agrees that PRESSLABS has the right to suspend or limit access to the Services, cancel the accounts of the USER and terminate the contract concluded with the USER in the event that PRESSLABS detects or suspects an abusive conduct exercised or threatened to be exercised by the USER, without any compensation due to the USER or any third party.
  2. The USER acknowledges and agrees that PRESSLABS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any abusive conduct on the part of the USER, in which case the entire loss shall be borne by the USER.
  3. PRESSLABS provides any interested person with a report form in case of abuse and violation of third party rights. The USER agrees that PRESSLABS may, at its sole discretion, disclose the Internet Protocol address of the USER to the holders of the infringed rights who have filed complaints in this regard through the form provided by PRESSLABS.
  4. The USER may grant access to one or more of its websites (including development websites) with different action permissions to another user who has registered an account on the PRESSLABS website (even if it has not hosted its own websites on PRESSLABS) for development, administrative or other activities related to the websites to which access has been granted. In this case, the USER will grant access directly from its customer account (dashboard) by entering the e-mail address of the user to whom it wishes to grant access and selecting the appropriate permissions. PRESSLABS will then inform both the USER and the newly selected user of this access by email or in its customer account (dashboard). The USER may revoke or modify the access granted at any time through its customer account (dashboard). The USER agrees that it is fully responsible for the actions of all persons to whom it has granted access, and that the relationship between the USER and the persons to whom it has granted access is exclusively between them, and that there are no claims against PRESSLABS.

8. Termination of Contract

  1. The present contract is terminated:
  • At the end of the contract term, when one of the parties has notified the other that it no longer wishes to extend the contract term, in accordance with Art. 3, Item 2;
  • By mutual consent;
  • If the USER is insolvent or if insolvency proceedings have been opened against it or bankruptcy has been declared.
  1. The USER may terminate the present Contract if PRESSLABS does not provide the Services in accordance with the concluded Contract and does not remedy the reported problems within a maximum of 15 (fifteen) working days from the receipt of the written and detailed communication sent by the USER in this regard.
  2. This Contract may be deemed terminated by PRESSLABS without prior notice or other formality as of right:
  • If the USER violates these Contractual Terms and Conditions and refuses to terminate and cease the violation within 5 (five) working days from the notification of the violation of the terms of the Contract sent by PRESSLABS by e-mail;
  • The USER fails to pay the price for the Services or the Add-On Fee or the “Setup Fee” by the due date of the proforma or tax invoice;
  • It turns out that the USER has provided PRESSLABS with false, incorrect or incomplete information or data when entering into the Contract or later when updating the data.
  1. The USER is obliged to pay for the Services received and the Add-on Services, as well as all other costs due before the termination of the Contract or incurred thereafter but in connection with the Contract, including all amounts due as compensation for damages incurred by PRESSLABS or third parties as a result of misuse of the Services or breach of the General Terms and Conditions for the Use of the Services. In addition, prior to the termination of the Contract and before receiving the full backup of its website, the USER shall be obliged to settle its balance with PRESSLABS by paying all the costs and fees for the Services, including the additional page views, for the month in which the termination takes place.
  2. In the event that the termination of the Contract is due to the fault of the USER, PRESSLABS shall have the right to retain the amounts paid in advance by the USER as compensation for damages, without being obliged to return to the USER the value of the Services not provided. However, PRESSLABS shall in no way be prevented from obtaining full compensation for the damage suffered.
  3. The USER and PRESSLABS shall have the possibility to partially terminate the Contract in accordance with the above provisions, only in relation to the Services and the Add-on Services provided to specific websites hosted by PRESSLABS, and not to all of them.

9. The Right to Withdraw from the Contract

  1. The USER should be noted that the right of withdrawal under Romanian law applies only to natural persons or groups of natural persons (consumers).
  2. Right of withdrawal: The USER (consumer) has the right to withdraw from the Contract without giving any reason within 14 days from the Date of Signature. The revocation can also be made only in relation to specific websites for which web hosting Services have been requested, if the revocation is made within 14 days from the Date of Signature.
  3. The revocation period expires after 14 days from the Date of Signing.
  4. In order to exercise the right of withdrawal, the USER must inform PRESSLABS by e-mail: accounting@presslabs.com of its decision to withdraw from this Contract by means of a clear statement (for example, a letter sent by e-mail). For this purpose, the USER may use the withdrawal form below, which, however, is not mandatory. PRESSLABS will send an e-mail confirming receipt of the withdrawal request.
  5. In order to comply with the withdrawal period, it is sufficient that the USER sends the declaration about the exercise of the right of withdrawal before the expiry of the withdrawal period.
  6. The consequences of withdrawal:

If the USER withdraws from the Contract, PRESSLABS shall refund all payments received by PRESSLABS within 14 days from the Date of Signature of the Contract for the Services provided to the USER, without undue delay and no later than 14 days from the date PRESSLABS received the notification of withdrawal from this Contract.

For this repayment PRESSLABS will use the same means of payment that the USER used for the original transaction, unless expressly agreed otherwise with the USER; in no case will the USER be charged any fees due to this repayment.

The withdrawal form can be found on the website www.presslabs.com at https://www.presslabs.com/legal/termination/ . This form should only be completed if the USER wishes to withdraw from the Contract.

10. Limitation of Liability and Disclaimer of Warranty

The USER acknowledges and agrees that:

  1. Use of the Services and the Add-on Services is at the risk of the USER, and the Services and the migration and optimization processes of the website are provided on an “as is” basis. PRESSLABS assumes no responsibility and offers no guarantees of any kind, including but not limited to:
  • Normal marketing warranties;
  • The Service and the Add-on Services meet a specific purpose or the requirements or expectations of the USER;
  • The Service and the Add-ons Services will operate without interruptions, securely and without errors, and any software errors will be corrected;
  • The results obtained from the use of the Service and the Add-on Services are error-free.
  1. The downloading of materials and information through the use of the Services is done at the risk of the USER; PRESSLABS is not responsible for any damage or harm caused to the USER as a result of downloading materials.
  2. PRESSLABS constantly strives to ensure the security of its systems, but the security mechanisms built into the system may contain actual limitations inherent in the security products that cannot be prevented or eliminated.
  3. PRESSLABS guarantees not only the fulfillment of the technical specifications listed in the offer of PRESSLABS for this specific Service at the time of the conclusion of the Contract, but also an uptime which shall be guaranteed under the conditions of Art. 2, Point 8 above and Art. 11 below. PRESSLABS shall not be held liable for any damage that the USER would suffer due to a malfunction of the Services or the migrated website.
  4. PRESSLABS cannot under any circumstances be held liable for the malfunctioning of the Service, the migrated website or for any damage caused thereby, their causes:
  • Are acts or omissions attributable to the USER, its agents, employees or third parties appointed by the USER;
  • Occur during a maintenance period communicated by PRESSLABS to the USER;
  • Are the result of a suspension or termination of the Service, as a result of an unpaid invoice or a breach by the USER of the terms and conditions for use of the Services set forth in this Contract.
  1. The USER is solely responsible for maintaining the confidentiality of passwords and access data to the Services. PRESSLABS shall not be held liable for any damage caused by the disclosure of such data by the USER.
  2. PRESSLABS shall not be liable to the USER or to any third party for any loss, damage, unrealized benefit, loss of profit or any other loss suffered by the USER or any third party directly or indirectly as a result of the use or inability to use the Services or the migrated website. However, PRESSLABS’ liability shall in any case be limited to the value of the Services provided by PRESSLABS in a calendar month.
  3. The USER shall be solely liable to PRESSLABS or to any third party for any damage caused by its acts, omissions or deeds in breach of this agreement or of the applicable legal provisions. PRESSLABS shall have the right to claim from the USER the reimbursement of all sums of money paid as compensation, damages or fines to cover the direct and indirect damages suffered by third parties due to PRESSLABS’ liability caused by abusive, defaulting and fraudulent acts and omissions of the USER.

11. Return Policy

  1. In the event that the PRESSLABS Services fail to comply with the guaranteed uptime pursuant to Art. 2, Item 8, PRESSLABS shall refund to the USER a percentage of the monthly subscription fee from the next invoice for the website that registered the downtime and the fee for the additional page views corresponding to the website that registered the downtime, as follows:
  • 3% for the first full 30 minutes of downtime incurred during a month, and
  • 1.5% for each full 30 minutes of downtime that occurs in the same month after the first 30 minutes of downtime is reached.

However, the total amount of refund/compensation cannot exceed the value of the monthly bill for the website that registered the downtime. For the avoidance of doubt, no refund or compensation will be granted for downtime minutes whose cumulative duration within a month is less than 30 minutes, and for periods that do not cumulatively amount to a full 30 minutes after the first 30 minutes are reached (e.g., only a 3% percentage deduction will be granted for 15 minutes beyond the first 30 minutes, which is equal to the first 30 minutes of downtime). Downtime is calculated for a calendar month, except for the first billing period, which may be lower, and downtime minutes in one month are not carried over to the next month.

  1. The USER agrees that it has no right to any refund if:
  • The USER at the time the refund is due, has breached the Contractual Terms and Conditions, including by failing to pay invoices issued by the due date;
  • The failure to comply with the guaranteed uptime is due to the fault of the USER or its employees.
  1. The Parties agree and the USER acknowledges that this refund is the sole and exclusive compensation to which it is entitled for the non-compliance with the guaranteed uptime and for the unavailability of the Services, and that it cannot exceed the value of the monthly invoice issued for the month in which the downtime occurred for that site.
  2. In order to benefit from the refund, the USER must contact the PRESSLABS team and communicate this aspect at accounting@presslabs.com within 10 working days from the end of the downtime, but by the end of the month in which the downtime occurred. The amount to be refunded will be deducted from the next invoice received.
  3. If PRESSLABS foresees that it will not be able to fulfill the Contract and provide the USER with the Services, PRESSLABS will inform the USER of this circumstance as soon as possible and will refund the amounts already paid by the USER for the Services that could not be provided within a maximum of 30 calendar days. This refund will only be made if the failure to provide the Services is not the fault of the USER.

12. Force Majeure

  1. Force majeure shall release the Party invoking it from liability, on condition that the other Party is informed within 5 (five) calendar days from the moment when such event occurs and makes it impossible to fulfill its obligations.
  2. The term of the Contract shall be extended by the period corresponding to the duration of the force majeure event. If an event of force majeure extends for a period exceeding 60 (sixty) days, the Parties agree on its termination within the framework of the present Contract.
  3. Force majeure is understood as any unforeseeable and unavoidable event independent of the will of the Parties, which makes it impossible for the Parties to fulfill the contractual obligations in part or in full. Force majeure is understood to mean situations similar to, but not limited to, the following examples: war, terrorist acts, social movements, natural disasters, floods, earthquakes, fire, power failure for a prolonged period of time, etc.

13. Notifications

  1. All notifications shall be made in writing to the Party to which they are addressed, to the email address of PRESSLABS indicated in this Contract, or to the e-mail address of the USER indicated in the customer account (dashboard), or to the new address previously communicated between the parties. For the avoidance of doubt, the Parties agree that invoices issued by PRESSLABS shall also be sent by e-mail to the e-mail address the USER indicated in the customer account (dashboard).
  2. The USER undertakes to notify PRESSLABS of any change in the data provided, including but not limited to identification data, contact data, billing data, contact persons or any other information necessary for the development of the contractual relationship.
  3. For the transmission of complaints and notifications PRESSLABS provides the following e-mail addresses to the USER: accounting@presslabs.com , support@presslabs.com and abuse@presslabs.com .
  4. The USER gives its express consent to carry out the communication with PRESSLABS by e-mail during the entire duration of the Contract.

14. Final Clauses

  1. The present contract is governed by Romanian law and is supplemented by the applicable Romanian and EU legislation.
  2. In case of contradictions between the provisions, the specific terms of the Contract signed between the Parties shall prevail over the present General Contractual Terms and Conditions.
  3. The invalidity or ineffectiveness of any provision of this Contract shall be limited to that provision and shall in no way affect the remaining provisions of the Contract. In this case, the Parties involved undertake to negotiate in good faith in order to establish a new provision that is not void or inapplicable, that replaces the void or unenforceable provision and that is as close as possible to the original intention expressed in the Contract.
  4. The information contained in the invoice issued by PRESSLABS to the USER, including the identification data of the USER, the details of the contracted Services and the determination of the price are an integral part of this Contract. As well as the Annexes and the Addendums to this Contract.
  5. All disputes concerning the conclusion, execution, interpretation and termination of this Contract shall be settled amicably by the Parties, and if no agreement can be reached, the Parties may turn to the competent courts at the seat of PRESSLABS. If the USER is a consumer residing in the EU, he/she also has the possibility to address his/her complaints to the Alternative Dispute Resolution bodies by following the procedure described on the European Online Dispute Resolution Platform (SOL).
  6. The Contract shall be concluded by e-mail and shall be deemed to have been concluded in Timisoara, Romania, on the Date of Signature of the Contract.
  7. These Contractual Terms and Conditions shall enter into force on 01.01.2024, apply for the future and replace the version dated 01.02.2023. All business agreements between the USER and PRESSLABS concluded prior to 01.02.2023 shall remain in force as agreed by the Parties, and the General Contractual Terms and Conditions in their previous form shall apply to them. When requesting the hosting of a new website, the USER, having already concluded a Tariff Plan with PRESSLABS prior to 01/02/2023, may either request the addition of the website to the already concluded Tariff Plan (if more websites can be added according to its terms) or may choose to switch to the terms and conditions provided for in these Contractual Terms and Conditions and to the new Tariff Plans displayed on the website www.presslabs.com , in which case it shall conclude a new Contract for these Services.
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