Any order using our website means that you are accepting the terms and conditions detailed below.


The general terms and conditions will apply to all sale Services rendered by VIRTONO NETWORKS SRL (hereinafter referred to as VIRTONO) via the website https://www.virtono.com to the Client. Do not use VIRTONO’s website or any of the Services provided on it unless you accept the terms and conditions herein.


The general terms and conditions are deemed accepted by the Client by placing an Order to VIRTONO, and thus entering into a contract with VIRTONO further to VIRTONO confirming the Order; this stands for a services agreement regulating the contract relation between VIRTONO and the Client.


In accordance with the legal provisions, we will inform you that you will lose the right to withdraw after the full execution of the contract by VIRTONO.


Terms


Acceptable Use Policy: the acceptable use policy (as may be amended from time to time) which is published on our website https://www.virtono.com;


Client: Individual/legal entity placing an Order;


VIRTONO: the company VIRTONO NETWORKS SRL, registered with the Trade Register under no. J13/1532/2014 CUI: RO33431948, with the main office in Constanța, Bvd. Mamaia, nr 288, Biroul nr. 17, Hotel Turist, jud. Constanta


Services – any services offered by VIRTONO NETWORKS SRL, as indicated in the Order, and to be provided by VIRTONO to the Client.


Order – the agreement between VIRTONO and the Client whereby VIRTONO undertakes to deliver the Services, and the Client undertakes to pay for the value thereof.


Agreement – an Order which is confirmed by the Provider.


By processing an Order on the website https://www.virtono.com, the Client agrees to the website’s Terms and Conditions. Order acceptance by VIRTONO is deemed completed at the time of its confirmation by e-mail. Until VIRTONO has confirmed the Order a contract between VIRTONO and the Client shall not be created.


Placing an Order


Once the desired Services have been selected and added to the shopping basket, the Client shall proceed to the payment thereof as per the payment methods detailed under Means of Payment section.


The Client undertakes to enter complete, accurate and true data into the respective form. Domains are registered in keeping with the applicable legislation. VIRTONO cannot be held accountable for any damages caused by any client supplying inaccurate or incomplete information.


The Client agrees to pay for the value of our Services in advance for the period during which such are to be supplied (on a monthly or yearly basis).


Services offered


– WEB hosting services


– VPS (Cloud) hosting services


– dedicated server rental services


– colocation services


– IT consultancy and support services


– server administration services


– registration of domains in the area .ro and international .com/.net/.org/.info/.biz/.eu/etc


Details about the characteristics of the products or services are available on the website under the respective category, or by phone or e-mail, upon request.


Rates (Prices)


The rates displayed on https://www.virtono.com are expressed in EUR and are not inclusive of the VAT. Payment shall be made in RON, at the valid official exchange rate communicated by the National Bank of Romania for the day of payment, +2%. VIRTONO has the right to change the rates displayed on https://www.virtono.com, as well as to modify the characteristics of the offered packages.


The 2 percentage points added to the official exchange rate communicated by the National Bank of Romania aims to cover for the costs VIRTONO incurs with the fees charged by the bank payment processors, such as Pay Pal, as well as for the losses from exchange rate differences paid by VIRTONO, considering that our suppliers are spread across the world, and thus the payments we are due to make are in various currencies.  If you are a consumer we will not make any additional surcharges relating to credit cards, Pay Pal etc.


Before completing any order, VIRTONO reserves the right to change the prices for the Services offered via the website at any time, and VIRTONO offers no price or reimbursement guarantees in case of a price reduction or promotional offer subsequent to the purchase.


VIRTONO may adjust the prices once a year according to the Romanian consumer prices annual rate calculated on the basis of the Harmonized Index of Consumer Prices (HICP). For such increases, the Customer’s approval shall not be necessary.


Means of Payment


Online Card Payment


The payment can be made online by card on the STRIPE platform, under full security conditions. The cards accepted for payment are the ones issued under the trade names VISA (Classic and Electron), and MASTERCARD (including Maestro, provided they have a CVV2/CVC2 code).


No additional fee is charged for the transactions.


For transaction security purposes, https://www.virtono.com uses the STRIPE platforms.


For the transaction to be properly completed, you must supply your card’s code (all the figures in the four groups on the front of the cards without spaces), the expiration date, the holder’s name, as well as the three figures on the back of the card written on the band with your signature (some details could be missing, depending on the type of card).


Card data processing is performed exclusively on the Netopia MobilePay platform. https://www.virtono.com neither requests, nor stores, any data concerning your card.


Online PayPal Payment


You can also make your payment online by PayPal, using your opened PayPal account.


No additional fee is charged for the transactions.


Bank Transfers (Warrant of Payment)


Payment by Warrant of Payment can only be made based on a pro-forma invoice issued by VIRTONO and emailed to the Client.


Order processing and service delivery are executed  after the confirmation of the payment of the relevant pro-forma invoice into the account below.


Company name: VIRTONO NETWORKS S.R.L.


Bank account: RO48BTRLRONCRT0263583101, opened at Transilvania Bank


Sole registration number: 33431948


Irrespective of the currencies available in your account, the payment shall be made in lei, as per the rate of exchange your bank uses.


Suspension of Services for Payment Default


VIRTONO is entitled to suspend any service where any charges due under the Agreement remain unpaid after 5 days from their due date.


Termination of Account for Payment Default


VIRTONO is entitled to cease providing any service and terminate the Agreement where any charges due under the Agreement remain unpaid after 10 days from their due date, the service contract being considered terminated with no further procedure needed to be followed upon.


Right to Withdrawal


Each of the services are offered a 14-day guarantee period during which the amount paid can be reimbursed in full, if the withdrawal right is exercised, without any reason.  We inform you that you will lose the right to withdraw after the execution of the contract by VIRTONO, except for VPS and Web Hosting services for which you may exercise your right of withdrawal also after the services have been performed, within 14 days.


The withdrawal period expires after 14 days starting on the day when the order was launched/ the payment of the price was made.


To exercise your right to withdrawal, you must let us know about your decision to withdraw from this agreement by means of a straightforward statement, submitted for instance as mailed letter at the registered address of the company or email to office@virtono.com


To meet the withdrawal deadline, you simply submit the communication on the exercise of the withdrawal rights before the expiration of the withdrawal period.


Should you decide to withdraw, we will reimburse any amount collected from you no later than 14 days since the date when we were informed of your decision to withdraw from this agreement. We shall perform the respective reimbursement using the same means of payment as you used to make the initial payment, unless you expressly agreed to different reimbursement means; anyway, no fees will be charged in respect of such a reimbursement.


The right to withdrawal is no longer effective once the services have been provided, except for HOSTING and VPS services for which you may exercise your right of withdrawal also after the services have been performed, within 14 days.


If by any means you may violate our AUP agreement you are not untitled to any refounds upon service termination or suspension


Termination


At the Client’s request, the Agreement may be terminated subject to a 30-day prior notice. The termination requests will not be accepted as long as there are outstanding amounts in your account. The termination requests will be filed in writing, and not by phone, tickets, live chat, etc.


In the event the client requests termination of the Agreement (except for the right to withdrawal) with no fault on the part of VIRTONO, the annual price calculated and paid in advance by the Client for the full year shall not be reimbursed, any difference being retained by VIRTONO as damages in consideration of the fact that the Client enjoyed a discount for making the payment in advance.


Either VIRTONO or the Client may terminate the Agreement (without prejudice to their other rights) if the other party commits a material breach of the Agreement (including without limitation, a breach of the Acceptable Use Policy by the Client).


Uptime (SERVICE LEVEL AGREEMENT)


VIRTONO guarantees an uptime of 100% excluding planned maintenance. The uptime of our servers is defined by our own monitoring systems, which means that it can be different of the uptime reported by other monitoring systems.

This Service Level Agreement (SLA) does not cover downtime due to mistakes on the Customer's behalf or due to account being suspended. In the event that this SLA is breached, VIRTONO will refund up to 100% of the monthly fees at a rate of 10% of monthly fee for every 1% of downtime below 99.9%.

Refund requests must be submitted through a ticket to the billing department, and we may approve such request at our discretion. This compensation will be deducted from the next invoices issued.


Backup


The clients have full responsibility for the use of the Services. VIRTONO does not keep any backups. Optional VIRTONO can offer additional backup services for a fee, but will recommend keeping your own backups. Also please keep in mind that the backups made, cannot be fully verified to confirm each file or directory. VIRTONO is not responsible for the loss of files and / or information.


VIRTONO can offer backup services for a fee, please contact the sales team at +40 374 908 892 or by email to sales@virtono.com for more information.


Use of VIRTONO Services


The Services offered by VIRTONO will be used by the Client for legitimate and ethical purposes only.  The Client shall comply with the Acceptable Use Policy and shall ensure that any other party using the Services shall also comply with the Acceptable Use Policy.


The sending of bulk messages, the sending of messages to a large number of email addresses can be done using our servers or other servers to promote any website hosted on our servers, provided this is done in keeping with the applicable legislation. Any complaint received in this respect shall be forthwith forwarded to the Client to have the issue addressed between the two parties involved (Client and complainer), but VIRTONO may, in its absolute discretion, decide to directly suspend or terminate the Services depending on the nature of the complaint.


All the Services provided by VIRTONO are used and administered by the Client, and any use of these Services is the exclusive responsibility of the Client. VIRTONO cannot be held liable for any violation of any applicable legislation or the Client’s or an end user’s breach of the Acceptable Use Policy


VIRTONO abides by the legal provisions and shall act upon any complaint received from any injured individuals, institutions/authorities or organizations which shows at least apparent legality.


Use of Resources


Please note that the Web Hosting and VPS packages are in a shared space (server); consequently, no exclusive use of the resources over a long period of time by either you or your clients shall be accepted. The accounts which are detrimental to our servers shall be notified to address the issue within 3 days, as long as these damages are not severe. Otherwise, the respective accounts may be suspended until the situation is addressed.  If the Client fails to address any issues notified to it within 3 days from the date of notification VIRTONO may, in its absolute discretion, terminate the Agreement.


Our Responsibility for Loss or Damage Suffered by You


Whether you are a consumer or a business user:


  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:


  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:


  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM


We do not guarantee that our site will be secure or free from bugs or viruses.


You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.


You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


Client’s Responsibility


The Client is responsible for updating the contact and billing information indicated in their account. VIRTONO accepts no liability or responsibility whatsoever for any damages incurred by the Client as a result of the Client not updating the contact and billing information.


The Client is responsible for maintaining the security conditions of the username, passwords and other sensitive information. In case of any doubt in this respect, the Client has to change or request the authentication date be changed by contacting the support team.


VIRTONO shall not be responsible for any damages caused by the temporary unavailability of our servers for whatever cause. This covers also the damages suffered due to date deterioration or loss.


Rules about Linking to our Site


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.


You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


You must not establish a link to our site in any website that is not owned by you.


Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.


We reserve the right to withdraw linking permission without notice.


Force Majeure


None of the parties shall be accountable for non-performance of its contractual obligations should such non-performance be due to an event beyond its control, in accordance with the applicable legislation.


Governing Law – Jurisdiction


The agreement is governed by the Romanian law. Any potential disputes occurred between VIRTONO and the Client will be settled amicably, failure which the disputes are referred for settlement to the Romanian courts of jurisdiction.


Intellectual Property Rights


All the materials contained in this website are the intellectual property of VIRTONO. These materials can be neither copied, nor reproduced. Nevertheless, the full pages of the website can be printed out, provided such is done for personal purposes only.


Closing Provisions


In addition to the Terms and Conditions above, term of the service acquired by the Client, VIRTONO can enter also into additional service provision agreements, in which case the conditions thus set will be also applicable between the parties. Thus, the Terms and Conditions amount to a master agreement which can be subsequently amended by agreement of the parties under additional executed agreements or appendices.


VIRTONO reserves the right to amend its policies (including for the avoidance of doubt the Acceptable Use Policy) and service use conditions without prior notice.


CONSUMER’S COMPLAINT CONTACT – INFOCONS – 021.9551


The Bucharest Consumer Protection Office


Address: Bucharest, Transilvaniei street no. 2, 1st district, postal code 010798


Phone: 021/310.63.75 – complaints


Phone: 021/310.63.79


Fax: 021/310.63.80


The Bucharest -Ilfov Regional Consumer Protection Office


Address: Bucharest, Transilvaniei street no. 2, 1st district, postal code 010798


Phone: 021/310.63.78, 021/310.63.81


Phone: 021/310.63.75 – complaints


Fax: 021/310.63.80


Website : www.anpc.gov.ro