Terms and Conditions for the Use of CloudCity Services

1. Introduction

1.1 This Service Provision Agreement (hereinafter referred to as the "Agreement" or the "Terms and Conditions") governs the use of the services provided by CloudCity.

1.2 It applies when you (hereinafter referred to as the "Client," the "Beneficiary," or "You") access our website (hereinafter referred to as the "Site" or the "Client Account") and purchase any service available on the CloudCity platforms (including, but not limited to, cloudcity.ro, my.cloudcity.ro, and subdomains such as name.cloudcity.ro).

1.3 For the purposes of this Agreement, CloudCity refers to S.C. CLOUDCITY S.R.L., hereinafter referred to as "CloudCity," "We," or the "Provider." CloudCity and the Client shall hereinafter be referred to together as the "Parties."

2. Definitions

2.1 "Agreement" - Refers to the terms and conditions governing the provision of services, including all policies and conditions published on our Site in the Legal Terms section, as well as the Order submitted by you.

2.2 "Order" - Means any request by the Client to purchase services.

2.3 "Site" - Refers to the CloudCity website, including the public website available at www.cloudcity.ro and the Client Account available at my.cloudcity.ro.

2.4 "Services" - Any of the services provided by CloudCity, including, without limitation, web hosting, cloud computing, web application development, etc.

2.5 "Ticket" - Refers to any support request submitted by email or through the Client Account.

2.6 "AUP" - The Acceptable Use Policy for the Services, an integral part of this Agreement.

2.7 "SLA" - The service level agreement, an integral part of this Agreement.

2.8 "PTM" - The email sending policy, an integral part of this Agreement.

2.9 "Refund Policy" - The policy governing the refund of amounts paid, an integral part of this Agreement.

2.10 "PDP" - The personal data protection policy, an integral part of this Agreement.

2.11 "LiveMove" - The terms governing the free transfer from another provider to CloudCity, an integral part of this Agreement.

2.12 "Domain Registration Rules" - Terms and conditions for the registration of domain names, an integral part of this Agreement.

3. Acceptance of the Terms

3.1 By using our Site and placing an Order, you confirm that you have read, understood, and accepted these Terms and Conditions.

3.2 Acceptance is made by checking the option "YES, I agree and confirm that I have read the Legal Terms" and by pressing the "Submit Order" button. This action constitutes an electronic signature equivalent to a handwritten signature under the applicable law.

4. Parties to the Agreement

4.1 CloudCity - S.C. CLOUDCITY S.R.L., with its registered office in Bucharest Municipality, District 5, Șos. Viilor, no. 78-88, bl. 103, stairway 3, apt. 67, registered with the Trade Registry Office under no. J40/18646/2023, tax ID 48894010, represented by Mr. Ovidiu Pleut in his capacity as Administrator.

4.2 The Beneficiary - The Client identified by the data provided in the order form and by the information shown on the first invoice received. The issued invoice becomes an integral part of this Agreement. The Beneficiary confirms that the information provided is correct and complete. If the information is incorrect or incomplete, it may be updated by accessing the client account or by sending the required documents to legal@cloudcity.ro. Errors or false information may lead to suspension or termination of the Agreement without prior notice.

5. Subject Matter of the Agreement

5.1 CloudCity undertakes to provide the following services, in accordance with the issued invoices:

  • Registration, transfer, or renewal of the validity of the domain name;
  • Web hosting services, including Enterprise Web Hosting, WordPress Hosting, and Windows Web Hosting;
  • Cloud Computing services, including VDS KVM Proxmox;
  • Web application development;
  • Creation and management of an online store;
  • Domain registration/transfer/renewal;
  • Business email services;
  • Web2SMS platform, subject to its specific spam policy and the limits imposed by network operators;
  • SSL certificate sales;
  • Website Builder services.

6. Service Fees

6.1 Billing and Payment Methods

6.1.1 CloudCity will issue pro forma invoices for the services ordered by the Client. Public institutions will receive tax invoices, in accordance with the applicable law, after completion of the procurement procedures through SICAP.

6.1.2 The billing period is chosen by the Client in the order form and may be changed through a request submitted to CloudCity's Payments department. Service prices are displayed in Lei or Euro, excluding VAT. Conversion into Euro is made using the exchange rate on the invoice issue date, as available on the Site and indicated on the invoice.

7. Issuance of the Pro Forma Invoice and the Payment Obligation

7.1 Issuance of the Pro Forma Invoice

7.1.1 After this Agreement is signed, CloudCity will automatically issue the first pro forma invoice. Thereafter, 14 calendar days before the expiry of the initially contracted period, CloudCity will automatically generate pro forma invoices for renewal of the Agreement, according to the billing period selected by the Client.

7.2 Payment Term

7.2.1 Payment of the contracted Service becomes due within 14 calendar days from the date the pro forma invoice is issued, coinciding with the end of the initially contracted period. The pro forma invoice will be sent to the email address associated with the Client Account; the Client is responsible for providing a valid and active email address.

7.3 Payment Methods

7.3.1 The Client may pay pro forma invoices by bank transfer or online card payment. We accept online payments by Visa and Mastercard cards, processed by PayU and PayPal.

7.3.2 PayPal payments are available exclusively for activating and renewing hosting services or server rentals. PayPal may be used only if the Service is active. For suspended Agreements, payment must be made either through PayU or by bank transfer.

8. Service Activation

8.1 Activation Timeframe

8.1.1 CloudCity undertakes to activate the Services specified in this Agreement within a maximum of 15 minutes from the time the Beneficiary's payment is recorded.

8.2 Payment Processing

8.2.1 Recording payment for Offline payments (by bank transfer or cash deposit) requires confirmation by our bank and manual processing by a CloudCity representative.

8.2.2 For online card payments, processing is carried out automatically within a maximum of 2 minutes from completion of the transaction. Manual processing of Offline payments is performed exclusively from Monday to Friday, between 09:00 and 18:00.

8.3 Service Commencement Date

8.3.1 The Service commencement date is deemed to be the date on which CloudCity provides the Client with the necessary access information, by email or in the Client Account.

9. Refund Policy

9.1 General Refund Policy

9.1.1 All payments made by the Client are considered non-refundable. In the event of early cancellation of the contracted Services, payments made in advance will not be refunded.

9.1.2 Nevertheless, CloudCity offers a 14-day guarantee. If you decide to cancel the contracted Service within the first 14 calendar days from the start of service delivery, we will refund the amounts paid, in whole or in part, in accordance with the refund policy specified on our Site in the Legal Terms section.

10. Cancellation of Contracted Services

10.1 Service Suspension

10.1.1 The Beneficiary accepts that, in the absence of payment confirmation by the due date, the Service will be suspended. CloudCity will send a notification by email to the address associated with the Client Account 24 hours before the Service is suspended.

10.1.2 The Service will be reactivated only after full payment has been recorded in the system. If payment is not recorded within 30 calendar days from the expiry of the last paid period, the Agreement will automatically enter the termination process. In this case, all data stored on CloudCity's servers will be deleted.

10.2 Expiry and Termination of the Agreement

10.2.1 The Agreement shall automatically expire at the end of the contracted period if the Beneficiary does not pay the pro forma invoice for renewal. The Agreement may be terminated by mutual consent before the term expires.

10.3 Right to Suspend or Terminate the Services

10.3.1 CloudCity reserves the right to terminate or suspend the provision of the Services, without requiring formal notice or additional notifications, in the following situations:

  • The Beneficiary breaches the terms of this Agreement, the AUP, or the PTM.
  • The Beneficiary fails to pay the amounts due under the Agreement within 30 calendar days from the due date.
  • The Beneficiary provides false information in the order form or alters it afterward.
  • The Beneficiary is involved in illegal, fraudulent, or unlawful activities.
  • The Beneficiary or its representatives are involved in activities that harm the rights or reputation of CloudCity or third parties.

10.3.2 The Agreement may be terminated if:

  • Either Party fails to comply with the terms and conditions and does not remedy the situation within 30 calendar days from receipt of notice, except in the case of non-payment, where the period is 5 calendar days.
  • The other Party is declared bankrupt and judicial liquidation proceedings are initiated, provided that the proceedings are not withdrawn or terminated within 60 days.
  • The competent authorities produce solid evidence incriminating the Beneficiary's activity, in which case CloudCity may suspend the Service without any further obligations.

10.4 Damages and Reimbursements

10.4.1 If the Beneficiary breaches the terms, CloudCity shall retain any amount paid in advance as damages and shall not be obliged to refund the value of unperformed Services.

11. Confidentiality

11.1 Protection of the Beneficiary's Data

11.1.1 CloudCity's Commitment
CloudCity undertakes to ensure the utmost confidentiality and security of the Beneficiary's data, whether stored or transferred through our platform. All Beneficiary data is protected in accordance with the applicable security standards.

11.1.2 Access to and Administration of the Services
Administration of the contracted Services, including web hosting solutions and dedicated servers, is carried out through the "Client Account" application. After signing this Agreement, the Client will automatically receive, at the email address provided in the order form, a password and an authentication code required to access the Client Account.

11.2 Client Responsibilities

11.2.1 Security of the Client Account
The Client is fully responsible for maintaining the security of the Client Account and authentication credentials. All activities carried out through the account, including management of the contracted Services such as website hosting, VPS servers, or dedicated servers, are the Client's sole responsibility.

11.2.2 Responsibility for Partners
The Client assumes responsibility for the actions of its partners, including legal representatives and employees, who are involved in the creation, maintenance, or promotion of the contracted Service.

11.3 Notification of Security Breaches

11.3.1 Notification Obligation
The Client is required to notify CloudCity immediately in the event of any unauthorized access or other security breaches. Prompt notification is essential to limit the impact of the security breach.

11.3.2 Limitation of CloudCity's Liability
CloudCity assumes no responsibility for losses or damages resulting from the Client's inability to remedy such security breaches. CloudCity is not responsible for the actions or omissions of the Client or of users of the Service resources that lead to damages. If compensatory payments or fines become necessary, the Client shall be responsible for those amounts.

11.3.3 Legal Procedures
CloudCity does not review content uploaded, stored, or transferred by the Beneficiary or third parties. However, if CloudCity receives a notice from a competent authority in accordance with civil or criminal legal procedures, we will act promptly to remove or block access to that content in accordance with the notice received.

12. General Terms Regarding the Hosting Service and Guarantees

12.1 Description of the Service

12.1.1 Web Hosting
CloudCity offers web hosting solutions in the following forms:

  • Enterprise Web Hosting: Advanced solutions for high-traffic websites, including dedicated resources and priority support.
  • WordPress Hosting: Optimized packages for WordPress-based websites, with improved performance and automatic updates.
  • Windows Web Hosting: Dedicated hosting for applications and websites that require a Windows environment.

12.1.2 Virtualized Servers (KVM Proxmox)

  • VDS KVM Proxmox: Cloud computing services with KVM virtualization on the Proxmox platform, offering flexible and scalable virtual resources suited to various applications and hosting needs.

12.1.3 Dedicated Servers
Server rental with exclusive resources, ensuring optimal performance for critical applications and high-demand workloads.

12.1.4 Application Development and Administration

  • Web Application Development: Creation of custom applications tailored to clients' specific needs.
  • Online Store Management: Services for creating and managing online stores, including payment platform integration and performance optimization.

12.1.5 Business Email Services
Custom business email solutions with advanced security features and dedicated technical support.

12.1.6 Web2SMS Platform
SMS sending services with specified spam policies and limits imposed by network operators.

12.1.7 SSL Certificates and Website Builder

  • SSL Certificate Sales: Services for purchasing and installing SSL certificates, ensuring the security of web communications.
  • Website Builder Services: Tools for creating and customizing websites without the need for advanced technical knowledge.

12.2 Uptime Guarantee

12.2.1 Guarantee for Virtualized Servers and Cloud Computing
CloudCity guarantees 99.9% uptime for Virtualized Server Services (VDS KVM Proxmox) and Cloud Computing. This guarantee applies over the course of a calendar month, excluding previously announced maintenance periods and force majeure events.

12.2.2 Guarantee for Web Hosting and Dedicated Servers
CloudCity guarantees 100% uptime for Web Hosting services (Enterprise, WordPress, Windows) and Dedicated Servers. This guarantee excludes scheduled maintenance periods and force majeure events.

12.3 Limitation of Liability

12.3.1 CloudCity is not responsible for non-performance, degradation, or delays in providing the Service that:

  • Are caused by actions or omissions of the Client, its employees, third parties engaged by the Client, or the beneficiaries of its services.
  • Occur during maintenance periods scheduled by CloudCity.
  • Arise due to force majeure events.
  • Result from suspension of the Service due to the Client's non-payment.

12.3.2 Use of the Service is at the Client's own risk. The Service is provided "as is," and CloudCity offers no warranties, whether express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. Any material downloaded or otherwise obtained through use of the Service is done at the Client's discretion and risk. CloudCity does not guarantee that software errors will be corrected.

12.4 Service Maintenance and Upgrade

12.4.1 CloudCity will make considerable efforts to maintain and improve the Service. However, CloudCity assumes no responsibility for damages, data loss, customer information loss, or revenue loss caused by delays, errors in information transmission, restrictions or interruptions in access, bugs, or unauthorized use of access to the Service.

12.5 Subscription Changes

12.5.1 Upgrading to a higher subscription plan may be done at any time, subject to the Provider's technical availability and in accordance with the rules established by this Agreement or publicly displayed on the CloudCity Site in the Frequently Asked Questions section.

12.5.2 Downgrading to a lower subscription plan is possible only for active accounts, in accordance with the policies and availability established by CloudCity.

13. Responsibility for Stored Data and Information

13.1 Responsibility of the Beneficiary
The Beneficiary is fully responsible for maintaining, protecting, and managing stored data and information transferred through the Services provided by CloudCity. This includes, but is not limited to:

  • Web Hosting: Protecting the content of hosted websites.
  • Virtualized Servers (KVM Proxmox): Managing and protecting the data stored on virtual servers.
  • Dedicated Servers: Ensuring the integrity and security of data on dedicated servers.

The Beneficiary is responsible for making periodic backup copies of all stored data. CloudCity assumes no responsibility for loss, damage, or inaccessibility of data resulting from the Beneficiary's failure to implement adequate backup measures.

14. General Terms Regarding the Domain Service and Guarantees

14.1 Intermediation of the Domain Registration Service
CloudCity acts as an intermediary in the domain name registration process and is responsible only for facilitating this process. Domain registration is carried out in accordance with the terms and conditions imposed by each specific Registry. The Beneficiary agrees to the terms and conditions imposed by the relevant Registry, including the ROTLD Rules, EURID Rules, and OPENSRS/ICANN Rules. Acceptance of these terms constitutes a direct contract between the Beneficiary and the Registry, and CloudCity is not a party to that contract.

14.2 Responsibility of the Beneficiary
The Beneficiary assumes full responsibility for the accuracy and legality of the information provided in the order form for domain registration. Submission of the order form constitutes a guarantee that the Beneficiary has the right to use the requested domain name and complies with the terms and conditions imposed by the Registry.

The Beneficiary shall not involve CloudCity or the Registry in disputes, claims, or other damages that may arise from the use of the relevant domain name. Acceptance of an order and initiation of the registration process do not constitute recognition by CloudCity or the Registry of the Beneficiary's legal right to use that domain name.

14.3 Domain Registration
Registration of the domain name will be carried out by the Registry only after confirmation of the corresponding payment. CloudCity will initiate the domain registration process only after payment has been confirmed. CloudCity is not responsible if a domain name is registered by a third party in the period between completion of the form and actual completion of the payment.

CloudCity does not guarantee registration of the domain name, but merely receives and forwards the Client's requests to the Registry. Likewise, CloudCity cannot guarantee the accuracy of the information provided by the Registry and is not liable for registration errors made by it.

15. Limitation of Obligations

15.1 Limitation of CloudCity's Liability
You understand and agree that CloudCity, together with its associates, partners, directors, shareholders, or employees, shall not be liable for direct, indirect, special, exemplary, or other damages, including, without limitation, loss of future profits, damages for loss of goodwill, use, data, or other intangible assets, even if CloudCity has been informed of the possibility of such losses. This limitation of liability applies, but is not limited, to the following situations:

  1. Use of or Inability to Use the Service: Damages resulting from the use of or inability to use the Service, including errors, defects, omissions, delays in operations, transmissions, or other issues related to the Service or software.
  2. Replacement Costs: Costs associated with purchasing goods or services needed to replace those purchased or obtained through the Service.
  3. Unauthorized Access and Alteration: Damages resulting from unauthorized access to or alteration of the Client's transmissions or data.
  4. Statements and Conduct of Third Parties: Damages arising from the statements and conduct of other parties in connection with the Service.
  5. Goods or Services Offered through the Service: Damages related to any goods or services offered or sold through the Service.

16. Governing Law and Contractual Documents

16.1 Governing Law
This Agreement and the relationship between the Client and CloudCity shall be governed by the laws in force of the Romanian State. The Agreement is considered concluded on the date its terms are accepted by the Client, as indicated on the first invoice issued by CloudCity.

16.2 Contractual Documents
This Agreement is supplemented by the information in the invoice sent by CloudCity to the Client, including the Client's identification details, the services provided, and the pricing, which information forms an integral part of this Agreement.

In addition, the following documents become integral parts of this Agreement:

  • AUP (Acceptable Use Policy)
  • SLA (Service Level Agreement)
  • PTM (Terms and Methods Policy)
  • 14days (14-Day Guarantee)
  • PDP (Data Protection Policy)
  • LiveMove (Service Migration Policy)
  • ROTLD Rules
  • EURID Rules
  • OPENSRS/ICANN Rules

16.3 Null or Ineffective Clauses
If any provision of this Agreement or of the included documents is deemed null or ineffective by a competent authority, the Parties agree that such authority shall interpret the contractual clauses as closely as possible to their original form. The remaining contractual provisions shall remain in force and continue to apply.

17. Relationship between the Parties

17.1 Nature of the Relationship
This Agreement does not establish, in any form, a partnership, joint venture, employment relationship, or agency relationship between CloudCity and the Beneficiary. Neither CloudCity nor the Beneficiary shall have the authority to bind the other Party or create obligations for it without prior written consent, except as expressly specified in this Agreement.

17.2 Third-Party Beneficiaries
The Parties agree that, apart from the stipulations expressly provided for in this Agreement, there shall be no third-party beneficiaries of it. This includes, but is not limited to, insurance companies for either Party or the Client's users.

18. Final Clauses

18.1 Confirmation of the Parties' Intent
The signatory Parties to this Agreement confirm that it fully reflects their intent, all clauses being accepted unanimously, including unusual clauses, pursuant to art. 1203 of the Civil Code. The Beneficiary acknowledges and agrees that any claim or dispute arising from this Agreement or related to the use of the Services provided must be brought within one year from the date of the triggering event, failing which the right to bring action shall be forfeited.

18.2 Dispute Resolution
Any dispute arising from or related to this Agreement, including disputes regarding its conclusion, performance, or termination, that cannot be resolved amicably shall be resolved by arbitration. The arbitration shall be conducted in accordance with the Rules of Arbitral Procedure of a recognized arbitral institution in Romania, designated by mutual agreement of the Parties, unless otherwise specified in this Agreement.

18.3 Applicability to Public Institutions
If the Beneficiary is a public institution, this arbitration agreement shall apply in accordance with the provisions of art. 542 of the Civil Procedure Code. The Agreement is considered concluded in Bucharest, Romania.

INTEGRAL PARTS OF THIS AGREEMENT

This page contains only some of the general terms and conditions of use. A complete list of the policies that form an integral part of this Agreement can be found at https://cloudcity.ro/legal. By continuing to use this website, you acknowledge that you have identified the policies and accepted them.

In addition, the following are incorporated into the Agreement:

"ROTLD Rules" - Terms and conditions for domain name registration that form an integral part of this agreement.
https://rotld.ro/reguli-de-inregistrare/
https://rotld.ro/registration-agreement/

"EURID Rules" - Terms and conditions for domain name registration that form an integral part of this agreement.
https://eurid.eu/ro/inregistrai-un-domeniu-eu/reguli-pentru-domeniile-eu/
https://eurid.eu/ro/inregistrai-un-domeniu-eu/nume-de-domenii-cu-caractere-speciale-idn-uri/
https://eurid.eu/ro/inregistrai-un-domeniu-eu/dispute-privind-numele-de-domeniu/

"OPENSRS/ICANN Rules" - Terms and conditions for domain name registration that form an integral part of this agreement.
https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html
https://www.icann.org/resources/pages/policy-2012-02-25-en
https://www.icann.org/resources/pages/educational-2012-02-25-en
https://www.icann.org/resources/pages/responsibilities-2014-03-14-en
https://www.icann.org/resources/pages/benefits-2013-09-16-en

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Last amendment made to this Agreement: 27 August 2024, 19:50.

Reviewed by Ovidiu Pleut – President of CloudCity Romania.