Terms and Conditions

TERMS AND CONDITIONS FOR USERS OF PACKRFORMANCE WEBSITE AND SERVICES

1.              GENERAL PROVISIONS 

1.1.          These Terms and Conditions (“T&C” / “Regulations”) set forth the general terms and conditions for the use of PACKFORMANCE website (hereinafter referred to as "the Website") and services offered by the Service Provider, for all Users, including Goods Producers and Equipment Suppliers. These T&C govern your use of the Website and any related services offered by the Service Provider.

1.2.          By accessing and using the Website, you agree to abide by these T&C and comply with all applicable laws and regulations. If you do not agree with these T&C, you should refrain from using or accessing this Website or using any other services provided by the Service Provider. We strongly encourage you to read these T&C carefully before continuing to navigate on the Website and / or create and Account and opt for services offered by the Service Provider. Once you continue to use the Website and create and Account, you will be bound by the applicable terms and conditions. If you act on behalf of any corporation, partnership or other entity, you represent and warrant that you are authorized to legally bind such an entity to these T&C.

1.3.          The Service Provider has the right to review and amend any of these T&C in any and all aspect, at its sole discretion. Upon doing so, we will update this page. Any changes to these T&C, unless mentioned otherwise and / or imposed by applicable legal provisions, will take effect immediately from the time of publication of the newest version.

1.4.          The Service Provider is available at:

1.4.1.      E-mail: office@packfromance.com

1.4.2.      Phone: +40775137665

1.4.3.      Address: Principala Street, no. 1A, town Danes, County Mures, Romania, 547200.

1.5.          The Service Provider operates and maintains the Website as an online platform where machine and equipment manufacturers (“Equipment Suppliers”) can promote and provide information on their production technologies to potential makers of products (“Goods ProducersManufactures”). Subject to specific provisions included in these T&C, services and / or activities offered by the Service Provider may include the following:

1.5.1.      Presentation of machines, equipment and other similar productshardware, as described by Equipment Suppliers;

1.5.2.      Specific features aimed at better promoting such machines, equipment and other similar productshardware, such as Tags, Descriptions, Presentations, Leads, Videos etc.

1.5.3.      Means of submitting requests and offers to / by the Goods Producers Manufacturers and Equipment Suppliers and contact info of such Users, so that they can interact;

1.5.4.      Specific promoting services for listed machines, equipment or other similar productshardware;

1.5.5.      Identifying and / or providing Leads for Equipment Suppliers based on specific data administered by the Service Provider;

1.5.6.      Technical and management support for Users.

1.6.          The nature and content of services and activities offered by the Services Provider may vary in time and depends on the type of account, plan and subscription the Users opts for. Unless expressly determined through provisions of these T&C, the extent, term and content of the services and / or activities will be determined by the Service Provider in distinct documents and / or communications.

1.7.          Any User of the Website can browse it, but only registered Users (with accounts) can use the full features of it and access it’s full content. Using the Website, Equipment Suppliers can interact with Goods Producers Manufactures and directly conclude a sale agreement. The Service Provider offers a platform that facilitates contact between such parties, but is not involved in such agreements (is not a contracting party) and is not responsible for performance of contract itself or any other obligations undertaken by the Users, one towards each other. The Service Provider only offers access and usage of the platform that connects both sides and exchange their contact details.

1.8.          Unless otherwise provided, all rights to the Website, including proprietary copyrights, intellectual property rights to its name, domain name, to the Website, to forms, logos, graphics, or other types of materials are the property of the Service Provider - or the Service Provider is authorized to use them, and they may only be used in the manner specified and in accordance with these T&C and the generally applicable laws.

1.9.          It is strictly forbidden to copy, reproduce, modify, multiply or distribute any part of the Website or its content without the Service Provider's prior written consent, except in cases expressly permitted by the applicable laws and these T&C. The Service Provider may take steps, including through litigation, to protect its interests and the interests of the Users.

1.10.       The Service Provider has the right to publish advertisements for its services or for goods and services of third parties on the Website using generally accepted practices and tools.

2.              DEFINITIONS

The terms used in these T&C this document shall have the following meanings

Service Provider: DUTA CONSULT SRL, with registered office in Romania, Danes, no. 1A, Mureș County, with sole identification number 36872140 and Romanian Trade Registry number J26/947/2021;

User - a natural person with full legal capacity and a natural person conducting business activity, a legal person or an organizational unit without legal personality, which may browse / use the Website or benefit from the Services available on the Website;

Manufacturer Goods Producer - a User, registered on the Website as a Manufacturer Goods Producer having an active Account and that logs into it and uses the Services designed for Goods Producers Manufactures and available on the Website, according to these T&C. Only a legal person or entity can register as a Goods ProducerManufacture, none of the Services being available to natural persons acting outside of a business or professional scope.

Equipment Supplier - a User, registered on the Website as an Equipment Supplier having an active Account and that logs into it and uses the Services designed for Equipment Suppliers and available on the Website, according to these T&C. Only a legal person or entity can register as an Equipment Supplier, none of the Services being available to natural persons acting outside of a business or professional scope.

Account - a part of the Website assigned to an Equipment Supplier or Goods Producer Manufacture as a result of Registration, through which such parties can use the Services, perform actions or functions of the Website.

Registration – process of creating an Account on the Website, according to the provisions of these T&C;

Subscription – a legal agreement concluded between the Equipment Supplier and Service Provider that contains specific terms and conditions for services provided to the former, including payments owed by the Equipment Supplier for services offered (can be Products Equipment Listing, Tags, Leads etc. or any other additional services or activities undertaken by the Service Provider). For specific limited time periods and exclusively one time per each Equipment Supplier, a free Subscription can be offered by the Service Provider, according to the rules detailed below.

Product Equipment Listings / Products Equipment – a time-limited publication of information (descriptions, pictures, technical data etc., as permitted / determined by the Service Provider), placed on the Website, for machines, equipment and other similar productshardware, in accordance with the terms and conditions specified in these T&C;

Tags – virtual labels assigned to Equipment Products and describing any of the following regarding the EquipmentProducts: general or particular category of the EquipmentProducts, their functions, type of use / industry is addressed to, dimensions, efficiency, existence or lack of multipurpose, availability etc.  Content and availability of Tags will be determined by the Service Provider and are subject to changes, updates or discontinuation, depending on the current policy of the Service Provider.

Leads – any type of information that refers to a potential client for Equipment Supplier’s machines, equipment and other similar productshardware, including but not limited to: contact information, interests of the client, general or particular requests of the potential client, any technical or financial details regarding client’s intended use of such machines, equipment and other similar productshardware.

Financial reports - relevant and generally available information regarding a Goods ProducerManufacturer, according to public records, that may refer to registered offices, cash flow, income, taxes, type of activity (declared), clients, employees etc., as provided by third parties engaged by the Service Provider. Content and availability of Financial reports will be determined by the Service Provider and / or third parties, and are subject to changes, updates or discontinuation, depending on the current policy of the Service Provider and / or third parties involved.

Promoting Services – paid, additional services, consisting of increasing the attractiveness of a Equipment Product listed on the Website. Specific Promoting Services and their content (means, period etc.) are detailed on the dedicated section on the Website.

Verification - The Service Provider may offer access to functionality and Services available with an Account (e.g., posting an  EquipmentProduct, requesting an offer etc.) subject to prior verification of the Equipment Supplier / Goods Producer Manufacturer (depending on the type of account). Verification can be done via a call, message, including SMS or email. Verification can take place before Account activation or at a later date (during the use of the account). In order to fully verify the Account, the Service Provider may request specific documents, statements or even payments that, individually or together, confirm the identity of the Equipment Supplier / Goods ProducerManufacturer. Specific rules for Verification are detailed in the dedicated section of these T&C.

3.              GENERAL TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND EXECUTION OF SERVICES.

3.1.          The Website, its functionalities and Services offered by the Service Provider may be used / accessed only under the terms and within the scope specified in these Regulations and in compliance with the provisions of applicable laws, rules of public decency and any other instructions, recommendations issued by public entities or by the Service Provider, regardless if they are expressly mentioned in these T&C or in a distinct document or communication.

3.2.          For optimal use of the Website and Services, the following technical requirements are recommended: 1. Device with internet connection, 2. Access to an e-mail account, 3. Most recent version of internet browser with proper Cookies and Java Script settings enabled; 4. PDF reader.

3.3.          Actions that, directly or indirectly are aimed at concluding an agreement for Services offered by the Service Provider on / through the Website (e.g. accessing a Subscription) on behalf of an Equipment Supplier, in particular actions related to creating and maintaining an Account and ordering paid or free services, can be performed only by authorized personal, acting on behalf of the Equipment Supplier. The Service Provider may request to such a person to submit documents indicated by the Service Provider, including documents confirming proper authorization to act on behalf of the Equipment Supplier.

3.4.          If the Service Provider suspects that a User is engaging in illegal or immoral activities or contrary to these T&C or that affect the legitimate interests of the Service Provider or other Users, the Service Provider may take any action permitted by the law, including restricting the User's ability to use the Website and the Services provided.

3.5.          The Service Provider shall also be entitled to block or delete the any User's Account as stipulated in the T&C. Blocking or deletion of an Account will have no effect on any current, past or future obligations of the User’s towards the Service Provider.

3.6.          If / when a wording identical or similar to "verified Equipment Supplier’s Account" or "verified Goods ProduceManufacturer's Account" is used on the Website, it shall be representing a general statement that the Service Provider' has checked the accuracy of the data provided by the User in the registration form at the time of the verification.

3.7.          Content added by Users, including actions / functions permitted by an Account, may constitute works within the meaning legal provisions regarding Copyright, Intellectual Property, Industrial Property or Related Rights.  By posting / uploading or creating such content on the Website, the User agrees to grant the Service Provider a royalty-free, non-exclusive,  and territorially unlimited and temporally unlimited license to use that work, along with the right to grant sub-licenses, without  duration and territory restrictions.  The User grants such licensees for uses / scopes such as: 1. exploitation: in full or in excerpts, online, including digital storage and/or dissemination in multimedia networks, including the Internet and/or sharing in digital form in unlimited numbers of copies and volumes, 2. Use on websites and any other domains operated by the Service Provider, 3. Use in any form for advertising or promotional purposes, 4. Public display and sharing in such manner that anyone can access it. Any and all such licenses granted by the User are free of charge and for an unlimited periodthe duration of the agreement concluded and governed by these T&C (initial or renewed), regardless if the agreement concluded with the Service Provider is ongoing or terminated, in any wand until such agreement is terminated, regardless of moment or means of terminationay.

3.8.          The User is bound to have (own or license) any and all right to the content posted / uploaded on the Website and its use must not violate the legal provision, these T&C or legitimate interests of third parties.

3.9.          Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for Business Users using online mediation services applies to the Services provided on the Website.

4.              USER RIGHTS AND OBLIGATIONS.

4.1.          Any User of the Website or Services shall be obliged to:

4.1.1.      use the Website, its functions and capabilities and the Services in a way that is consistent with legal provision, rules set out by these T&C, without infringement to personal rights, interests, intellectual property rights and other rights of third parties;

4.1.2.      place Equipment Products / Equipment Product Listings in compliance with the guidelines set by these T&C or the Service Provider and not to place listing of an advertising nature, with personal or contact details and messengers which enable contact (e.g. WhatsApp);

4.1.3.      enter and provide correct data on the Website and inform the Service Provider without delay of any changes to such data, including any data that affect the performance of the Services (payment details, name or address changes etc.);

4.1.4.      not to use devices, software or methods that could disrupt the optimal use of the Website;

1.1.1.                  not to undertake any activities aimed directly or indirectly at excluding the Service Provider of the dissections regarding the EquipmentProducts, including providing one's contact details, personal data and instant messengers enabling contact (e.g. WhatsApp);

4.1.5.      not to undertake actions aimed at artificial over - or underestimation of User ratings;

4.1.6.      not to carry out any activities aimed at circumventing these T&C, the agreement concluded with the Service Provider or obligations towards the Service Provider;

4.1.7.      not to create false or multiple Accounts;

4.1.8.      not to include names and/or addresses of websites of any of the Service Provider’s competitors, or other websites that offer similar or complementary services;

4.1.9.      not to post, upload or create unlawful, illegal or immoral content on the Website or through comments, discussions or talks with other Users, including offers or sale of Equipment products or the provision of services that do not comply with the law of the European Union or with the law of any Member State, including incitement to terrorism, depicting the sexual abuse of children, incitement to racism and xenophobia, infringements of intellectual property rights.

4.2.          Additionally to any other provisions of these T&C, the Users are banned from using the Website or its content or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Service Provider’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Services or any related website, other websites, or the Internet. Breaching such obligations and duties entities the Service Provider right to terminate the use of the Website, Services or any related website.

4.3.          Users are not allowed to undertake actions aimed at overloading the inboxes of other Website Users or of the Service Provider, especially with advertising messages.

4.4.          The Service Provider is entitled to moderate content posted, created or uploaded by Users on the Website if it constitutes illegal content, content that does not comply with the T&C or if it affects legitimate interests. Moderation may be based on automated or semi-automated tools or implemented directly with human intervention. Automated or semi-automated tools make it possible to identify illegal content, content that does not comply with the T&C, based on an analysis of User’s actions on the Website. Actions related to illegal content, content violating the T&C or violating legitimate interests of others are also taken based on reports filled by other Users, by authorities or organizations dealing with the safety of Users on the Internet or combating illegal content.

4.5.          Specific rules on complaints, detailed in corresponding section of these T&C, will apply to complaints made by Users or other third parties or entities that report illegal content. 

4.6.          Any User is solely responsible for its own judgement in using (how, when, to what extent or scope etc.) the Website or the Services offered by the Service provide and in following-up and accepting any leads proposed through the Website.

4.7.          Any and all conclusions, decisions or actions based upon any leads proposed through the Website or the Services provided are at User's own risk and account and the Service Provider does not accept any liability for any damages, losses or expenses that may arise from such conclusions, decisions or actions.

4.8.          All copyrights and all other intellectual property regarding any documentation, drawings, pictures, videos or other information or materials regarding the Equipment Products or activity of the Users and that is offered or posted by the Users, collected and/or processed on or through the Website (User Content) has to be legally owned by the Users.

4.9.          Users have the ability to access their User Content at any time during the term of the Subscription, unless earlier terminated. Users may export and retrieve User Content during the term of the Subscription.

4.10.       Users represent and warrant that (i) any User Content provided is correct, legal and does not infringe any rights of third parties (ii) they have the right to post, upload, send or license such User Content and (iii) the User Content does not infringe or violate any third-party rights.

4.11.       The Service Provider has the right to verify, modify or delete such User Content when deemed necessary by it or following a notice of a third party.

4.12.       The Service Provider shall in no way be held liable for any User Content. Users shall defend, indemnify and hold the Service Provider free from and against any and all losses, expenses, damages, and liabilities arising directly or indirectly in respect of non-compliance with these T&C.

5.              SERVICES. SUPPORT.

5.1.          Services offered by the Service Provider are subject to terms and conditions set in these T&C. The use of some of the Services and / or features of the Website may require you to create an Account and to log in to it. Some of the services can be available only for certain markets (places) or are subject to additional terms and conditions.

5.2.          By using (browsing, creating an account, request / payment for Services, posting Equipment Product Listing etc.) the Website and / or the Services offered, a legal agreement is concluded between the User and the Services Provider, with content (rights, obligations, procedures, rules for execution, payment, term, enforcement, conflict resolution, termination etc.) set according to the provisions of these T&C. Different or derogatory provisions of the agreement regarding the Services can apply only if expressly accepted or indicated by the Service Provider.

5.3.          The Service Provider offers the Services mainly via the Website, while additional or different Services (than those presented / available through the Website) can be offered distinctly, via electronical communications or based on distinct agreements. Some of the Services are intended only for Users who have registered and have an active Account. All Services are addressed only to professionals (legal entities) and not to consumers, as defined by Romanian legal provisions for consumer protection (natural person acting outside the scope of a professional activity).

5.4.          Each User may:

5.4.1.      browse and search for information of general interest, including Equipment Product Listings;

5.4.2.      contact the Service Provider;

5.4.3.      set up and maintain an Account as a Goods Producer Manufactures or as a Equipment Supplier. During the Registration process, a User selects the appropriate type of Account. Specific terms and conditions for the Account creation, use, maintenance and termination Services are detailed below. One User can establish and operate only one type of such Accountboth types of Account, but with distinct e-mail addresses;

5.4.4.      agree to receive commercial information from the Service Provider.

5.4.5.      post Equipment Product Listings on the Website, according to the type of Subscription accessed;

5.4.6.      use Promoting Services;

5.4.7.      sent and present offers or requests for offers.

5.5.          The Service Provider presents general information (including information about its business, Services and the Website's functionalities) on the Website. The Website also provides information of a general nature and a search feature regarding Equipment Product Listings.

5.6.          The Service Provider may also make available content on the Website as part of a themed blog and an advice section. Such content may come from the Service Provider or third parties and is consistent or related to the general domain of the Website and Services. The contents of the Website are for reference and information only. They should not be regarded as legal, financial, management, business or tax advice, nor should they be considered as a recommendation within the meaning of the generally applicable laws.

5.7.          The User may also search for content or Equipment Product Listings on the Website using the available criteria. An Agreement for Services consisting in browsing and searching for information and other content available on the Website, free of charge, is concluded for a definite period and is terminated at the moment the User exits the Website.

5.8.          The Service Provider provides the Users with the option to receive commercial information from the Service Provider in the form of messages sent to the User’s e-mail. For this the User must check the appropriate box in the Account creation process or in the Account settings. The User may withdraw consent to receive commercial information at any time. Commercial information is sent by the Service Provider only to the Users who have expressed their consent.

5.9.          Equipment Suppliers have the option to add and present Equipment Products on the Website, obtain Leads and Financial Reports according to the type of Subscription opted for. Specific terms and conditions for such Services, alongside costs, payments and duration are detailed below in the corresponding section. In order to access such Services, a User must be logged in to its Account.

5.10.       Goods Producers Manufacturers that have created an Account, have the option access detailed information regarding Equipment Products that are presented by Equipment Supplier and to request offers and or details from the Equipment Supplier. Specific terms and conditions for such communications / requests are detailed below, in the corresponding section.

5.11.       The Service Provider can offer Services for Promoting Equipment Product Listing on the Website. Such Services, along with costs and terms and conditions for duration and payment, will be offered according to specific conditions presented on the Website.

5.12.       Users between whom a Contract has been concluded have the option to add comments on the Website and to rate the performance of the agreement by the other party, which includes a rating of the Customer or Transport Provider. The Website may also include opinions about the services provided by the Service Provider posted on other platforms, e.g. Google. The Service Provider does not collect or manage these opinions itself; the entity responsible for these opinions is in each case the external platform on which the opinions are posted. The Service Provider does not carry out any prior verification of the opinions or comments posted / available as described previously. The Service Provider shall take action in reference to opinions or comments by obtaining reliable information concerning their nature of their content in accordance with the legal provisions for electronic services.

5.13.       The User can contact the Service Provider using the contact information made available (phone, e-mail or physical address).

1.1.                  The Service Provider may hold occasional promotions, contests or loyalty or partnership campaigns. Terms and conditions of such campaigns will be specified each time on the Website.

5.14.        

5.15.       The Service Provider offer support for technical questions and assistance regarding accessing and using the Services and Website through the designated personnel or through the contact forms on the Website or by e-mail: office@packformance.com. Such support services include registering or configuring an Account, technical assistance Tags or other features of the Website.

5.16.       The support services correspond to commercially reasonable efforts to respond during normal business hours to incidents / request that have been sent by the Users. Business days and hours are as follows: Monday – Friday from 09:00 to 17:00 Romanian local time, with the exception of public holidays, as declared / applicable in Romania.  If support is requested outside Business days (public holidays), the User will be informed through automated means.

6.              SUBSCRIPTIONS. DURATION, COSTS AND PAYMENT.

6.1.          The Service Provider offers for Equipment Suppliers predefined Subscription plans, as detailed below, as well as custom Subscriptions. The latter can be accessed by special request and will be governed by terms and conditions set distinctly by the Service Provider through communications with the Equipment Supplier. Such specific terms and conditions will apply in matters that are not regulated by the current T&C or where the specific terms and conditions differ substantially from the general T&C (e.g. a Equipment Supplier is offered a custom Subscription with a payment term greater than the general one provided by these T&C: such a payment term will apply accordingly, but rules for contract execution, enforcement, termination, jurisdiction etc. set out by these T&C will still apply).

6.2.          Content and extent of the Subscription offered by the Service Provider may vary in time and can be unilaterally changed, adapted or terminated by the Service Provider. Such changes, adaptations or termination will take effect after the initial / current duration of the active Subscription and, only in exceptional situations, before this time. If they occur before end of initial / current Subscription, the Service Provider will either reimburse the Equipment Supplier with the corresponding value of the costs (pro-rata) or will offer the Equipment Supplier credit with the Service Provider, credit that can be used to purchase other Subscriptions or Services available.

6.3.          Services available to Goods Producers Manufacturers (browsing the Website, registering with an Account, accessing and using its features, filling requests and receiving offers / information from the Equipment Suppliers) are not charged and do not require a specific Subscription.

6.4.          Current Subscriptions plans offered by the Service Provider are as follow, each with the specific terms and provisions detailed below:

6.4.1.      Free Subscription, with the following features and / or content and limitations:

6.4.1.1.    Offers the Equipment Supplier the ability to present (publish Equipment Product Listings) up to 2 distinct Equipment Products on the Website for the duration of the Subscription. Additional Equipment Product Listings cannot be purchased with this Subscription;

6.4.1.2.    Offers the Equipment Supplier the use of up to 6 overall Tags (for all Equipment Products listed); up to this limit, they can be distributed for any of the Equipmentproducts, equally or unequally. Additional Tags cannot be purchased with this Subscription;

6.4.1.3.    Offers the Equipment Supplier access to up to 2 overall Leads, but no more than 2 per month (both can refer to the same Equipment Product or each for one of the Equipment Products listed). Access to additional Leads cannot be purchased with this Subscription;

6.4.1.4.    Customer Support, as described in previous section of T&C;

6.4.1.5.    This Subscription Plan does not offer access to Financial Reports, paid or included.

6.4.1.6.    This Subscription Plan does not offer other services such as: blog articles, additional blog articles, targeted newsletters or extra users for the Account.  

6.4.1.7.    This Subscription can be accessed only once by each User with an Account and is available for up to … months from opting for it. After this period, any User will have to opt for one of the other Subscription plans offered. If the User does not opt for another type of Subscription, the Account will be maintained by the Service Provider for up to … months and will have limited functionality. After this time, the Account will be deleted and all corresponding data deleted.

6.4.1.8.    Registering with different Accounts does not grant additional access to this type of subscription.

6.4.2.      Lite Subscription, with the following features and / or content and limitations:

6.4.2.1.    Offers the Equipment Supplier the ability to present (publish Equipment Product Listings) up to 3 distinct Equipment Products on the Website for the duration of the Subscription. Additional Equipment Product Listings can be purchased with this Subscription and corresponding costs will be charged by the Service Provider;

6.4.2.2.    Offers the Equipment Supplier the use of up to 9 overall Tags (for all Equipment Products listed); up to this limit, they can be distributed for any of the Equipmentproducts, equally or unequally. Additional Tags can be purchased with this Subscription;

6.4.2.3.    Offers the Equipment Supplier access to up to 3 Leads per month, but no more than … for the duration of the Subscription, (can refer to the same Equipment Product or different Equipment Products listed). Unused Leads will roll over to the next month. Access to additional Leads cannot be purchased with this Subscription;

6.4.2.4.    Customer Support, as described in previous section of T&C;

6.4.2.5.    This Subscription Plan access to up to 5 Financial Reports for the entire period and corresponding to Romanian entities. Additional Financial Reports or Financial Reports for entities of other nationalities are offered on request and can be subject to additional costs.

6.4.2.6.    This Subscription Plan does not offer other services such as: blog articles, additional blog articles, targeted newsletters or extra users for the Account.

6.4.3.      Pro Subscription, with the following features and / or content and limitations:

6.4.3.1.    Offers the Equipment Supplier the ability to present (publish Equipment Product Listings) up to 6 distinct Equipment Products on the Website for the duration of the Subscription. Additional Equipment Product Listings can be purchased with this Subscription and corresponding costs will be charged by the Service Provider. Additional Equipment Product Listing do not include additional Tags;

6.4.3.2.    Offers the Equipment Supplier the use of up to 20 overall Tags (for all Equipment Products listed); up to this limit, they can be distributed for any of the Equipmentproducts, equally or unequally. Additional Tags can be purchased with this Subscription and corresponding costs will be charged by the Service Provider;

6.4.3.3.    Offers the Equipment Supplier access to up to 6 Leads per month, but no more than … for the duration of the Subscription, (can refer to the same Equipment Product or different Equipment Products listed). Unused Leads will roll over to the next month. Access to additional Leads cannot be purchased with this Subscription;

6.4.3.4.    Customer Support, as described in previous section of T&C;

6.4.3.5.    This Subscription Plan access to up to 15 Financial Reports for the entire period and corresponding to Romanian entities. Additional Financial Reports or Financial Reports for entities of other nationalities are offered on request and can be subject to additional costs.

6.4.3.6.    This Subscription Plan includes also the following: a. one blog article published / year of Subscription, if the Subscription is billed on a yearly basis. The Service Provider will determine the content of such article and consult with the Equipment Supplier before publishing. Minimal content? b. additional blog article upon request of the Equipment Supplier and subject to corresponding costs that will be charged by the Service Provider, c. one targeted newsletter / year of Subscription if the Subscription is billed on a yearly basis and d. 2 extras users per Account.

6.4.4.      Premium Subscription, with the following features and / or content and limitations:

6.4.4.1.    Offers the Equipment Supplier the ability to present (publish Equipment Product Listings) up to 10 distinct Equipment Products on the Website for the duration of the Subscription. Additional Equipment Product Listings can be purchased with this Subscription and corresponding costs will be charged by the Service Provider. Additional Equipment Product Listing do not include additional Tags;

6.4.4.2.    Offers the Equipment Supplier the use of up to 40 overall Tags (for all Equipment Products listed); up to this limit, they can be distributed for any of the Equipmentproducts, equally or unequally. Additional Tags can be purchased with this Subscription and corresponding costs will be charged by the Service Provider;

6.4.4.3.    Offers the Equipment Supplier access to up to 10 Leads per month, but no more than … for the duration of the Subscription, (can refer to the same Equipment Product or different Equipment Products listed). Unused Leads will roll over to the next month. Access to additional Leads can be purchased with this Subscription and corresponding costs will be charged by the Service Provider;

6.4.4.4.    Customer Support, as described in previous section of T&C;

6.4.4.5.    This Subscription Plan access to up to 40 Financial Reports for the entire period and corresponding to Romanian entities. Additional Financial Reports or Financial Reports for entities of other nationalities are offered on request and can be subject to additional costs.

6.4.4.6.    This Subscription Plan includes also the following: a. two blog articles published / year of Subscription, if the Subscription is billed on a yearly basis. The Service Provider will determine the content of such articles and consult with the Equipment Supplier before publishing. Minimal content? b. additional blog article upon request of the Equipment Supplier and subject to corresponding costs that will be charged by the Service Provider, c. two targeted newsletters / year of Subscription if the Subscription is billed on a yearly basis and d. 4 extras users per Account.

Unless expressly mentioned below, all of the following rules apply to any and all types of Subscriptions:

6.5.          With the exception of the Free Subscription, access and use of the features and services offered by each Subscription are granted only after payment is confirmed. Payment can be made online, using specific functions provided in this regard (third party payment processor) or, upon request to the Service Provider and its approval, through bank payment to the corresponding account. The Subscription will be activated only after payment is confirmed by the Service Provider or payment processor.

6.6.          Exact and complete content, features or limitations of the Subscription may vary in time from those presented above. If such is the case, any and all details provided on the Website will prevail, the information there presented being the most up to date. However, if the Users identifies discrepancies or irregularities, we strongly encourage to contact the Service Provider for clarifications.

6.7.          Any and all payments made to the Service Provider will be made in EUR. The User will be charged any and all applicable fees for payment in EUR. Such fees include, but are not limited to: fees imposed by the User’s bank (or similar entity) for such payments, currency exchange fees, currency exchange rate, processing fees etc. Payments owed by the Service Provider will be made in the manner the User made the initial payment (bank transfer or bank account registered to the card used for payments).

6.8.          Prices for Services and Subscriptions are listed on the Website and they do not include any other additional taxes (such as VAT) or fees (processing fees). For additional Services and / or features, prices will be communicated by the Service Provider upon request. Invoices corresponding to payments owed to the Service Provider will be issued only after payment is confirmed.

6.9.          With the exception of the Free Subscription plan, payment is owed by the Equipment Supplier upon opting for the Subscription. If payment is made by bank transfer, the corresponding cost must be credited to the Service Provider’s account within 3 business days upon opting for the plan and this payment method. Regardless of payment option, if payment is not received at the due date, the Service Provider is entitled to suspend any and all access and usage of the User’s Account, including access to Services or features of the Subscription. If payment owed is not received by the Service Provider upon 15 days of due date, any and all legal agreements can be unilaterally terminated, without any other notice or additional period for compliance.

6.10.       Withhit the exception of the Free Subscription plan, any and all Subscriptions can be accessed and paid on a monthly or yearly basis, depending on the User’s option. Some features or benefits might be available only for subscriptions paid on a yearly basis. If the User does not inform the Service Provider otherwise, the initial paid Subscription will be automatically renewed at the end, for a period corresponding to the initial one. Such renewals will apply continuously and repeatedly, until the User informs the Service Provider otherwise. Specific terms and conditions for contract termination on the User’s behalf apply, as described below and in the dedicated section of T&C.

6.11.       Upon renewal of a paid Subscription, the User will have access to / be offered only the content and features of the Subscription plan, additional services (extra Tags, extra Leads, extra Financial Reports etc.) previously paid not being included.

6.12.       Upon renewal of a paid Subscription, the cost charged to the User will be the one applicable at the time and it may vary from the initial one or from the one applied to a previous renewal. Also, at the time of any renewal, any previous discounts or promotions offered by the Service Provider will not apply, regardless if the refer to a lowered price of the Subscription or additional features or services offered to a lower tier Subscription. We strongly encourage keep up to day with the prices presented on the Website and Subscription content, features and limitation.

6.13.       If upon renewal of a paid Subscription the content, features and limitations of said Subscription change or if the Service Provider implements a new system for Subscription, the User will be assigned the new type of Subscription that is most similar to the one previously opted for, at the rate / cost of the new one. If such changes occur, the Service Provider will inform all Users of such changes by posting on the Website relevant informationrelevant information on the Website before they are implemented. Only in such instances, the User is entitled to terminate the Subscription and corresponding legal agreement within 15 days from renewal, without any damages, compensation or obligations applicable according to the general terms and conditions for termination initiated by the User.

6.14.       If a User opts for online payment (card) for a Subscription, the same method of payment will be used upon each renewal and the User is solely responsibleresponsible for making available the necessary sums for payment. If such a payment cannot be processed in full (entire cost owed), the User will be notified accordingly and has to make the payment within 5 days. During this period the User’s Account will be active and will maintain access to features and services contracted. After this period, if payment is not received by the Service Provider, the Account can be suspended. Additionally, if payment is not received within 15 days from the due date, the Service Provider is entitled to permanently suspend and / or delete the User’s Account and any and all data posted, uploaded or created on the Website. Such a User can create and operate another Account with the Website only with prior verification and acceptance from the Service Provider. Terms and conditions set out by this article apply accordingly to Users that opt for bank payments, they being the ones solely responsible for payment of the renewed subscription in a timely manner and before the renewed Subscription applies.

6.15.       In situations described above, if the User has not previously opted for a Free Subscription, upon the 15 days period mentioned before, the current plan will be automatically converted to a Free Subscription for a duration of up to 4 months. Any and all Equipment Product Listings posted by the Equipment Supplier will be available to other Users, but the Equipment Supplier will not have access to other features and services than those of the Free Subscription. After the 4 months of the Free Subscription, the Service Provider is entitled to proceed as described above and suspend or permanently delete the Account and data.

6.16.       Without contrary agreements accepted by the Service Provider, any upgrades made by a User, prior to expiring of current Subscription, do not entitle said User to compensation. Each upgrade will be paid in full. In particular situations, based solely on the Service Provider’s unilateral decision, deductions or other forms of compensation or benefits can be offered to Users that upgrade within the term of an active Subscription.

6.17.       If a User fails to pay on time any cost owed to the Service Provider, the latter, complementary to any other legal or contractual remedies available, is entitled to automatically charge the former damages corresponding to the penalizing legal interest applicable according to Romanian legal provisions.  / (suma fixa)

1.1.                  The duration of the Subscription starts on the date of requests, if payment is confirmed as detailed above, and will renew accordingly. Depending on the payment plan and corresponding duration of the Subscription, if the User whisheswishes for the automatic renewal no to apply, it has to notify the Service Provider, through a specific e-mail in this regard, as follows: 1. If the Subscription is on a yearly basis, such notice has to be received by the Service Provider no later than 30 days before end of initial or renewed term of the Subscription. or 2. If the Subscription is on a basis shorter than a year (monthly, every 2/4/6 months) such notice has to be received by the Service Provider no later than 10 days before end of initial or renewed term of the Subscription.

7.              SPECIFIC RULES REGARDING PRESENTATION, OFFERS, REQUESTS AND LEADS.

7.1.          After registering with an Account and opting for a Subscription, the Equipment Supplier has access to Equipment product presentation page. In this section, the Equipment Supplier can fill the following, according to the content, features and limitations of the applicable Subscription:

7.1.1.      Equipment Product name, description, function, benefits and condition (new / used);

7.1.2.      Tags for the Equipmentproduct;

7.1.3.      Photos and videos of the Equipmentproduct;

7.1.4.      General presentation of the Equipment Supplier, with contact details (e-mail, phone, website or link to social media platforms) and expertise.

7.2.          Before an  Equipment Product Listing is posted on the Website for public viewing, it will undergo verification by the Service Provider. During such verification, the Service Provider can instruct the Equipment Supplier to bring changes, clarification, additional details or images of the EquipmentProduct. Once the verification is finalized, the listing will be made available on the Website.

7.3.          The Equipment Supplier can update or change the listing of the Equipment Product during the term of the Subscription. Verification process will apply accordingly. One specific Equipment can be listed for a period of at least 3 months and during this period cannot be delisted or replaced in any way with another.  

7.4.          Full details of the Equipment Product Listing are available only to registered Users that have an Account.

7.5.          Once an Equipment Product Listing is accessed by a User, a request for an offer from the Equipment Supplier can be made. An offer is requests using a corresponding form and has to contain at least the following information: project name and descriptions, requirements and budget estimations. Additional documents can be also provided and attached to the requests.

7.6.          The Equipment Supplier is immediately notified of the request issued by a Goods Producer Manufacturer and has to respond to it within 10 days of receiving it. It the Equipment Supplier fails to respond (approve / reject), the Service Provider is free to offer the request (as a Lead) to another Equipment Supplier that is registered with the platform. Even if the Equipment Supplier fails to respond to the request, it will count against the Leads quota corresponding to the applicable Subscription. 

7.7.          If a Equipment Supplier chooses to reject a request, it has to present to the Service Provider a reason and the Goods Producer Manufacturer will only be informed of the rejection, without with details portraying to the reason, as described by the Equipment Supplier. If the Equipment Supplier chooses so, documents or details can be provided alongside with the rejection. Even if rejected, such a Lead will count against the Leads quota corresponding to the applicable Subscription of the Equipment Supplier. Rejected requests can offered by the Service Provider (as a Lead) to another Equipment Supplier that is registered with the platform.

7.8.          If a request is accepted by the Equipment Supplier, the Goods Producer Manufacturer will have access to complete contact details of the Equipment Supplier and the Equipment Supplier to the complete contact details of the Goods ProducerManufacturer. When accepting a request, a Equipment Supplier can offer documents and details to the Goods ProducerManufacturer. After this point, the parties can engage in private discussions and negotiations regarding a sale or service agreement.

7.9.          Depending on the type of Account (Equipment Supplier / Goods ProducerManufacturer), each User can see the status of the requests / offers (sent / received, pending, approved / requested). The Equipment Supplier has a dedicated section for Leads and the Goods Producer Manufacturer one labeled Requests.

7.10.       Upon special request for any type of User, the Service Provider can undertake special activities and services such as identifying a specific Lead for the Equipment Supplier or a specific Equipment Product for the Goods ProducerManufacturer. Terms and conditions for such activities / services are subject to a distinct agreement with the Service Provider or third entity designated by it.

7.11.       A Lead is considered provided, will count against the Leads quota corresponding to the applicable Subscription and the Service Provider will be considered to have fully performed its activities / services, in any and all of the following instances:

7.11.1.   A request is issued by a Goods Producer Manufacturer to the Equipment Supplier, regardless of the subsequent actions of the Equipment Supplier.

7.11.2.   A Lead is presented to the Supplier by the Service Provider, regardless of the subsequent actions of the Equipment Supplier.

7.12.       Users expressly acknowledge that performance of the agreement on the Service Provider’s part is not conditioned by the viability or relevance of a Lead nor by its financial potential, success rate or general conduct or status of the entity the Lead refers to. The Services Provider will be considered as fully performed the agreement once a Lead is presented to the Equipment Supplier, without any other duties or obligations.

8.              ACCOUNT.

8.1.          Users have the option of creating and maintaining an Account as a Goods Producer Manufacturer or as a Equipment Supplier. The Service for running an Account on the Website is available after Registration. Users register by completing and accepting the registration form made available on the Website. In order to set up an Account it is necessary to indicate the data marked as obligatory. The following minimal data are required:

8.1.1.      For Equipment Supplier Account: contact person name, e-mail address, company name, position in the company, country, city, TAX ID / VAT(optional), employees count, company website;

8.1.2.      For Goods Producer Manufacturer Account: contact person name, e-mail address, company name, position in the company, country, city, activity sector, TAX ID / VAT (optional), employees count (optional), company website (optional).

8.2.          Regardless of the type of User, by registering and operating an Account on the Website, warrants / states that it is a professional entity (legal entity acting in a professional scope).

8.3.          The Service Provider may also enable registration or logging into an Account via the User's account on the external portals such as Google and LinkedIn.

8.4.          By completing Account Registration, Users warrant that the data provided by it in the registration form are true and do not violate the rights of third parties.

8.5.          Users have to provide current and factually correct data, not to mislead other Users or the Service Provider and to inform the Service Provider immediately about any changes to the provided data, or to change such data independently, using the functionalities available in the Account.   

8.6.          In order to use all services and functionalities available with the Account, Verification may be required from the User. After successful full Verification, the User may have a mark / tag on its profile stating that the Account has been verified.

8.7.          If the Verification is carried out negatively, the Service Provider will inform the User and ask for clarifications or details to that re-verification can be done.

8.8.          Given the need for personal data security, an Account may be deleted by the Service Provider if the User has not logged into the Account for a period of 5 years, calculated from the last logging date.

8.9.          In regard to User Content, Users agree to activities undertaken by the Service Provider, such as: making it publicly available, for the purpose of providing the Services, to ensure the functionalities of the Website, to advertise and promote it. The User's consent also applies to using User Content for promotional activities within the scope of the Website's operations and for the Service Provider to implement marketing campaigns by publicizing the User Content in electronic media, in particular in social networks, the Website and its subpages, for an indefinite period, but no later than the termination date of the agreement concluded and governed by these T&C (until recalled).

8.10.       The Service Provider has the right to suspend or block Accounts or services for providing, maintaining or using Accounts, with immediate effect, if doubts arise regarding correctness or completeness of the data provided by such User, or if:

8.10.1.   the Service Provider suspects that such User is in breach of the T&C, the applicable law or moral guidelines;

8.10.2.   User's actions or omissions have a negative effect on the Service Provider's reputation or are otherwise detrimental to the Service Provider;

8.10.3.   the Service Provider receives a complaint regarding the User's activity or in any other case the Service Provider has doubts to the fairness of the User's actions with the Website, its features or the services or activities provided;

8.11.       The Service Provider may terminate the agreement for User's Account with 30 days’ notice. The Service Provider sent the notice of termination to e-mail address provided by the User.

8.12.       Suspension, blocking or deletion of Accounts can be done by automated means.

9.              WARRANTS, LIABILITY and LIMITATIONS.

9.1.          The Service Provider warrants to the Users that it will (i) provide the Services with reasonable care, skill and diligence and in accordance with these T&C and (ii) use commercially reasonable efforts to correct or to provide a workaround for any material non-conformance of the Services. These obligations represent the Service Provider’s exclusive obligations and liability and provide the User’s sole and exclusive recourse with respect to non-conformance of the Service. The Service provider does not guarantee that the Website or Services will operate error free or uninterrupted or that it will meet User's requirements or excitations.

9.2.          To the maximum extent permitted by applicable law and except for the express provisions stated above, the Services and the Website are provided as is and as available, without any warranty, and the Service Provider hereby specifically excludes and disclaims the implied warranties of merchantability and fitness for a particular use and all other warranties, whether express or implied by law, statute or course of dealing.

9.3.          Neither party is liable for any indirect or consequential loss, damages, cost or expense of any kind whatsoever and howsoever arising including, without limitation, loss of production, loss or corruption of data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings or any liability of Users to a third party, even if the Service Provider has been advised of the possibility of such loss.

9.4.          Regardless the source or nature of damages claimed by Users, the total aggregate liability of the Service Provider shall be limited to the fees paid by the User under these T&C in the six (6) months immediately prior to the event giving rise to the liability that occurred. This limitation of liability shall not apply if and insofar as damages are a result of intentional acts or omissions or gross negligence by the management of the Service Provider.

9.5.          Any legally or contractually based actions or procedures against the Service Provider must be filed within twelve (12) months after the cause of action arises, after this time permanently losing any and all right to current, past or future claims.

9.6.          Users agree and to indemnify and hold the Service Provider and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to User Content, the use of the Website or Services or any willful misconduct the User’s part.

9.7.          Force majeure exempts the party unable to perform its obligations from liability. Cases of force majeure are those defined by the legal provisions in force, as well as those such as natural disasters, states of necessity, alert or emergency, wars, sieges, epidemics, widespread diseases or diseases with increased transmission potential, strikes, significant legislative changes affecting the Service Provider's activity, problems generated by technical / digital infrastructure, its personnel, provisions / restrictions, for an indefinite or determined term, issued by local or central public authorities (laws, decisions, ordinances, orders, etc.) and targeting or directly or indirectly affecting the Service Provider's activity, whether issued for reasons of public health and safety or other objective circumstances which, through effects or consequences, current or potential, may have an impact on the health and safety of persons and / or on the Service Provider's activity.

9.8.          If the force majeure situation persists for more than 30 (thirty) working days and there is no possibility for contract performance at a later date, either party may request the termination of the agreement, without the other party being able to object, expressly waiving the continued execution of the agreement and the obligations that have become impossible to execute. In this case, the parties shall not have the right to claim compensation from each other, but shall be held to fulfill the obligations already due between the parties at the time of the occurrence of the force majeure situation.

10.           TERMINATION

10.1.       The User is entitled to terminate the Subscription as follows:

10.1.1.   If the Service Provider fails to perform the agreement and / or services and does not remedy such situations even after 30 days upon the User notifying the Service Provider accordingly and if no other remedy has been agreed upon by the parties.

10.1.2.   User may terminate the Subscription and / or agreement in whole or in part at its convenience at any time of the initial or renewed term, upon providing the Service Provider with written notice. In such instances or if the termination is not generated solely by the Service Provider or non-performance on its part, the User is not entitled to any reimbursements or damages for costs, fees, sums etc. paid or owed to the Service Provider. 

10.2.       In any of the instances described above, the Service Provider is entitled to permanently suspend and / or delete the User’s Account and any and all data posted, uploaded or created on the Website.

10.3.       Excepting expressly determined situations and procedures (as described elsewhere in these T&C ) for termination of the agreement and / or Subscription, the Service Provider, based on unilateral decision, is entitled to the following:

10.3.1.   If a User (i) fails to comply with any of the provisions of these T&C and has not remedied such failure within 14 days after having been notified by the Service Provider, or (ii) commits an act of bankruptcy or is under legal procedures that risk to affect its bussinesbusiness or shall present its request of bankruptcy or shall make an arrangement with or assignment in favourfavor of its creditors or goes into liquidation, or (iii) is controlled by others than those exercising control at the time of concluding the Subscription / agreement, the Service Provider shall be entitled at its own discretion to terminate the Subscription / agreement with immediate effect upon written notification and without incurring any liability towards the User.

10.3.2.   to unilaterally terminate the Subscription, Services or Agreement with immediate effect upon written notification issued with at least 30 days prior to termination. In such situations, with the exception of cost, fees or other sums paid in advance by Users (that will be reimbursed pro-rata), the Service Provider will not incur any liability towards the User for termination, even if it enters into effect prior to initial or renewed term of the Subscription, Services or Agreement.

10.4.       Regardless of time, manner or reason or termination, the Users is solely responsible for requesting copies of User Content or deleting any User Content from the Website. Users file such a request 30 days following expiration or termination.

10.5.       Expiration or termination of a Subscription, Service or Agreement for whatever reason shall not affect the provisions which by their nature must be deemed to survive expiration or termination, including but not limited to clauses regarding intellectual property, confidentiality, limitation of liability, applicable law and governing law and disputes.

11.           INTELECTUAL PROPERTY

11.1.       All copyrights and all other intellectual property rights in and in connection with the Website, Service Provider’s activity or services, the underlying technology and processes, the design of the Website and other visual or non-literal elements and all related data, documentation and materials are and remain exclusively vested in the Service Provider or its licensors. These T&C and the agreement it governs do not intend to transfer any intellectual property rights to Users or any third party.

11.2.       Users acknowledge these intellectual property rights and shall refrain from any form of direct or indirect violation of these intellectual property rights and shall not remove from or change in the Website any designation concerning copyrights, or other intellectual property rights, including any indications concerning the confidential nature of the Website, Services and Agreements.

11.3.       Users may not (i) access or use the Website to create any derivative, comparable or competitive works, products or services from it, (ii) decompile, reverse engineer, disassemble, or seek to reconstruct or discover any humanly readable form of code of the Website, and/or (iii) attempt to disable or circumvent any of the security mechanisms or restrictions within the Website.

12.           CONFIDENTIALITY

12.1.       Each party shall maintain strict confidentiality with respect to all documents, data and materials - including all technical, commercial, financial and other information - of the other party which is marked confidential, which is clearly confidential by nature or regarding which the receiving party knows or should reasonably understand that such information is confidential (Confidential Information) and shall not disclose Confidential Information to third parties without the prior written consent of the disclosing party.

12.2.       Confidential Information does not include information that: (i) has become publicly known through no breach of any obligations of confidentiality; (ii) has been independently developed without access to the Confidential Information; (iii) is received from a third party who has the lawful right to disclose such information; or (iv) required to be disclosed by law or by a governmental authority.

12.3.       Each party shall take all necessary measures to safeguard the Confidential Information or any part or any copy thereof and to prevent the disclosure, use, copying, publication or dissemination of Confidential Information to a third party.

12.4.       Users shall impose the confidentiality obligations upon its respective employees and authorized third parties by written Agreement and shall see to it that its employees and authorized third parties shall at all times fully comply with such obligations

13.           COMPLAINTS.

13.1.       Any User can file complaints regarding the Services, especially in case of their non-performance or improper performance. Complaints will be submitted in writing or by e-mail address to the contact details offered by the Service Provider. A complaint should include the User's full name, correspondence address, type and description of the problem.

13.2.       The Service Provider will examine and answer the complaint within 30  days30 days. If it is impossible to handle a complaint in this period, the Service Provider shall inform the User of a new time date for complaint resolution. In case of any missing information in the complaint, the Service Provider shall request that the User supplements the missing information to the extent necessary, within 7 days from such a request.

13.3.       The Service Provider provides the Users with a platform to conclude agreements between them, but it is not a party to them. Therefore, any complaints regarding performance or non-performance of such agreements should be reported directly to the corresponding parties (Goods Producer Manufacturer or Equipment Supplier).

14.           DATA PROTECTION.

14.1.       The Service Provider may use the personal data provided by Users in order to provide, improve or promote the Services and the Website, in order to perform the Agreement and/or to contact Users. With respect to such personal data, the Service Provider is the data controller and will only use such personal data in accordance with its privacy policy available at: https://packformance.com/…  We strongly encourage Users to read and acknowledge the provisions of the privacy policy so they have a better understating of their and the Service Provider’s rights and obligations.

15.           GOVERNING LAW AND DISPUTE RESOLUTION.

15.1.       Unless otherwise determined by mandatory legal provisions applicable, these T&C, any and all Subscription, Services and Agreements involving the Service Provider, as well as their validity, conclusion, execution, interpretation or termination, are exclusively governed by Romanian legal provisions

15.2.       In the event of any dispute arising regarding the validity of these T&C, any and all Subscription, Services and Agreements involving the Service Provider and other related documents or resulting from or in connection with their interpretation, execution or termination, the settlement will be achieved either (i) through arbitration of the Court of Arbitration attached to the Cluj Chamber of Commerce and Industry, according to its procedure, by a single arbitrator, whose decision is final for the parties, or (ii) through applications addressed to the courts of competent jurisdiction at the Service Provider’s headquarters. The complaining party is free to choose any of these procedures.

16.           FINAL PROVISIONS

16.1.       If any term or provision of these T&C shall be held illegal or unenforceable in whole or in part, under any rule of law, such term or provision or part shall to that extent be modified or deemed modified to conform to such a rule of law. The validity and enforceability or the remainder of these T&C shall not be affected.

16.2.       No delay or omission by the Service Provider to exercise any right or power under these T&C, any and all Subscription, Services and Agreements involving the Service Provider or pursuant to applicable law shall impair such right or power or be construed as a waiver thereof.

16.3.       The Service Provider, at its own discretion, may unilaterally amend these T&C from time to time and will notify Users accordingly by e-mail. Amended versions will be posted on the Website and shall be effective 30 days after the date the User has been informed.

16.4.       No User shall assign or delegate or otherwise deal with all or any of its rights or obligations under these T&C, any and all Subscription, Services and Agreements involving the Service Provider. The Service Provider have the right to assign or otherwise delegate all or any of its rights or obligations (including the agreements as a whole) under this these T&C, any and all Subscription, Services and Agreements involving the Service Provider to any person or entity.

16.5.       The Service Provider is entitled to use User’s name, logo and trademark to refer to the User as a customer of the Service Provider along with other customers in marketing materials such as the Website, presentations and press releases.

16.6.       All documents and communications between the parties may be sent via e-mail or via registered letter with acknowledgement of receipt to the contact details presented by each party or to those usually used by them in their professional activity or in the relationship between them. If the communication/notification is in the form an electronic message the communication/notification is considered received on the same day on which they were sent provided that they were sent by 4:00 p.m.; any message sent after 4:00 p.m. will be considered received on the business day immediately following the date on which it was sent. Under the same conditions and terms, it is also considered received if the communication takes the form of a registered letter with acknowledgment of receipt, this being considered received by the recipient on the date written on the proof of sending issued by the postal service provider, even in the event of refusal to receive/pick up the correspondence.

16.7.       No part of these T&C may be reproduced or published without the Service Provider's written consent.

16.8.       You, as a User, acknowledge that you have read these T&C and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by these T&C. If you do not agree to abide by these T&C, you are not authorized to use or access the Website and its Services.

These T&C have been published on May 30th, 2025 and enter into effect at this date.