Terms and Conditions for Subscription to Florinweb Photography Software
1 – DEFINITIONS
FLORINWEB.COM: refers to the website www.FLORINWEB.COM and/or https://fnwebs.com/sell-your-photos-online-prints-and-albums/ and/or https://fnwebs.com/vinde-fotografii-online-pe-internet-tiparite-sau-digitale/ published by MIHAIU FLORIN ÎNTREPRINDERE INDIVIDUALĂ.
MIHAIU FLORIN INTREPRINDERE INDIVIDUALA or EDITOR : means the Company MIHAIU FLORIN ÎNTREPRINDERE INDIVIDUALĂ registered with the CUI 32884746 , Reg. Com F15/219/2014, ADDRESS: Fieni, Str. Republicii, Nr.27, Bloc. Dacia Sc. B, Apt.2 – 135400 , publisher of FLORINWEB.COM, Services provider and software developer and author of the php, mysql platform that allows to sell online photos and videos.
Client, Customer : means any professional (natural or legal person) acting in the course of his professional activity who places an order for a Service on FLORINWEB.COM by any way (phone, email, contact form, verbal).
Service : means the online services of creation, website hosting and reservation of domain names for professional photographers offered by the EDITOR on the FLORINWEB.COM website.
Subscription : means any Service order for a subscription allowing the Subscriber to administer it’s Site, for a specified period, under the conditions and limits defined in this GTC.
Photographic Products : means all the products that a Subscriber may sell to his own clients from his Site such as photographs, videos…
Subscriber : refers to any Customer who holds a Subscription.
Our software, the software, software our platform, the platform, platform : refers to our PHP, mysql software paltform, decveloped by EDITOR, that allows subscriber to sell online his products and services.
GTC : refers to these general conditions of sale.
2 – PURPOSE AND ACCEPTANCE OF TERMS
The purpose of these T & Cs (GTC) is to determine the terms and conditions under which the Service orders placed by the Customers on FLORINWEB.COM and the supplies of Services by the PUBLISHER to Customers are made.
The GSC can be consulted on FLORINWEB.COM and accepted by the Customer prior to the creation of his Account and the placing of the order. The Customer agrees to read the GTC before placing an order. The fact of placing order implies the immediate, complete and unreserved acceptance of the Customer to the GSC.
The PUBLISHER reserves the right to modify the GTC at any time. The version of the GTC applicable to an order is that in force when the Customer places the order. However, the acceptance by a Customer of a new version of the GTC on the occasion of a new order entails application of the new version of the GTC from the date of this new order.
Customers have the option to download, save and print the GTC from FLORINWEB.COM, these operations are under their exclusive responsibility. The document thus downloaded, saved or printed being subject to modifications by the Customer, only the version of the GTC available on FLORINWEB.COM or kept by the EDITOR can be used.
3 – SUBSCRIPTIONS
3.1 Types of Packages
The cost for using our platform is 420 Euro for 6 months package, renewable every 6 months. The cost includes the use (renting) of Our Software on a subscription basis, 1 or 2 emails accounts, 1 admininstration user and VPS service. An additional administration user costs 20 Euro/ user.
The payment of the price of the Package selected by the Subscriber is made according to the terms and conditions specified in Article 6 below.
3.3 Duration – tacit renewal
3.3.1 For all Packages
The Subscription to a Package is concluded for a period of six (6) months from its effective date.
It will then be tacitly renewed for successive periods of six (6) months unless terminated by the Subscriber under the conditions provided in 3.4 below.
The Subscriber may inform the PUBLISHER at any time of his intention to terminate the current Package by simple email.
4- TRANSFER SERVICE AND RESERVATION OF DOMAIN NAMES
The Customer is solely responsible for the choice of the name of his Site and he takes all precautions to ensure that the name does not constitute a violation of legal and regulatory provisions and does not infringe the rights of third parties .
4.1 Reorientation of the domain name to the PUBLISHER’s servers
Depending on the type of Package the Customer is Subscribed to, he may have the option of pointing his domain name to the PUBLISHER’s servers.
The Customer retains the management of his domain name at his Registrar and will simply change the Domain Name Server (DNS) of his domain name to point to FLORINWEB.COM servers. The EDITOR makes available to the Customer all the information necessary to complete these formalities: https://www.FLORINWEB.COM/inscription.php . The Customer may also contact the EDITOR’s assistance in accordance with Article 15.
During a reorientation of domain name, the content of the old website and e-mail accounts related to this domain name will be deleted, accordingly, the PUBLISHER will in no way be held liable.
Depending on the type of Package the Customer is Subscribed to, he may benefit from the possibility of reserving his own domain name. Any request for a domain name reservation implies prior and unreserved acceptance of the administrative and technical naming rules, as well as the acceptance, if applicable, of the conflict resolution rules that may arise between the owner of the domain name and any third party. claiming rights to all or part of that name.
The PUBLISHER will only act as a broker between the Client and the organizations respectively responsible for the assignment and management of domain names (hereinafter „Registrar”) whose Client wishes to obtain the reservation and the registration .
The subscription of the registration contract with the Registrar will be in the name of the Client.
The PUBLISHER does not guarantee and is not responsible for the actual attribution of the requested domain name for the Customer.
As soon as the domain name is registered, it will replace the old address associated with the Site of the form http://pseudo.FLORINWEB.COM .
The reservation fees for domain names will be those in force at the time of subscription to this Service.
The duration of reservation of the domain name is independent of the duration of the Subscription subscribed When the duration of reservation of the domain name expires, if the Customer holds a Subscription in progress, the renewal of the domain name is will do it automatically. Otherwise, the reservation of the domain name will not be renewed.
The Customer undertakes to provide the PUBLISHER with correct and complete information concerning the owner of the domain name and the administrative contact at the time of registration of the domain name. This information may include: name, mailing address, e-mail address and telephone number.
The Customer undertakes to keep this information up-to-date and to inform the PUBLISHER immediately of any change in his situation.
It guarantees that the domain name requested does not infringe the rights of third parties and in particular that it is not infringing a trademark.
It guarantees and will keep the PUBLISHER unscathed against all claims and claims of any kind, including damages, that a third party may make in connection with the fraudulent use of a domain name or distinctive signs by the customer.
6 – PRICE
The cost for using our platform is 420 Euro for 6 months package, renewable every 6 months. The cost includes the use of Our Software subscription, 2 email addresses, 1 administrative user account and VPS service. At request, any supplementaire email account will be charged with 20 Euro/ month/ email address. At request, any supplementaire administrative account will be charged with 20 Euro/ month/ email address.
For a new client, there is a one time setup fee of 150 Euro.
The CUSTOMER has the possibility upon request, to buy the software and to be able to own it and to view the source code of the Platform. The cost will be 10 000 (ten thousands) Euro / one time payment and will allows the customer to be the FULL owner of OUR SOFTARE PLATFORM.
6.2 Billing and payment
The payment of the Subscription to the Package and the Domain Name Reservation Services is done in EUROS by BANK TRANSFER to BANK NAME: B.C.R. DIMBOVITA CARAIMAN -Targoviste IBAN: RO54RNCB0676029521930013, Swift Code: RNCBROBU,, Account Owner: MIHAIU FLORIN or Paypal payment to Paypal Account firstname.lastname@example.org
In the event of a payment incident, the PUBLISHER may suspend the Subscription and / or terminate it in the manner provided for in Article 13, without the Subscriber being entitled to claim any compensation or reimbursement.
If the Customer asks for software modifications, add-ons, changes, updates, upgrades etc. he/she must pay the services for this changes . Any modification, add-ons, changes, updates, upgrades desired by the CUSTOMER are not included in the price of the SUBSCRIPTION and will have to be paid separately.
6.3 Late payment
In case of late payment, will be due by law and without a reminder being required, in accordance with Article L 441-6 of the Commercial Code, late penalties calculated at the interest rate applied by the Central Bank To its most recent refinancing operation plus 10 (ten) percentage points, as well as a lump sum recovery fee of 40 (forty) euros, without prejudice to the EDITOR’s right to claim additional compensation for to fully repair the damage suffered, shall be entitled to suspend the Subscriber’s access to the Services and / or terminate his current Subscription as stipulated in article 10 below.
Any late payment, even partial, of a single invoice, automatically entails the forfeiture of the term of all the bills established by the EDITOR on behalf of the Subscriber, which become immediately due.
In addition, the PUBLISHER will be entitled to suspend the Subscriber’s access to the Services and / or terminate his / her current Subscription as stipulated in Article 10 below.
7 – OBLIGATIONS OF THE SUBSCRIBER
The Subscriber is solely responsible for the content he makes available to the public on his Site.
He declares and warrants that the products and services he offers on his Site are not prohibited and that they comply with the laws and regulations in force and in particular those relating to unfair and deceptive commercial practices, advertising, sales and the provision of remote services, canvassing, direct marketing and personal data. The PUBLISHER is only a third party to the activity he carries on his Site, he can not in any case be held responsible for any claim or recourse of a customer of the Subscriber to the Site.
The Subscriber undertakes to respect the obligations incumbent on the organizations or persons carrying out the processing of personal data pursuant to Law No. 78-17 of 6 January 1978, known as the „Data Protection Act”, amended by the Law of August 6, 2004. In addition, the Subscriber expressly undertakes to comply with the legislation and regulations concerning direct marketing and in particular Article L. 34-5 of the Code of Posts and Electronic Communications.
The Subscriber guarantees the PUBLISHER against the consequences of any action, recourse, suit, complaint or claim of any third party (including in particular recipients of the messages, the CNIL or a judicial authority) which claims that the use of Services by the Subscriber violates the legal or regulatory provisions in force or causes him damage. In such a case, the Subscriber will hold the PUBLISHER unscathed and will assume the exclusive responsibility of all the sums that could be charged to the PUBLISHER in respect of such action, recourse, suit, complaint or claim , such as, but not limited to, damages, fines, penalties, transactional fees, attorney fees and bailiff fees.
The PUBLISHER may prohibit access to the Subscriber to all or part of the Services or suspend at any time and without compensation the account of the Subscriber during the period it deems useful subject to informing the Subscriber of the suspension of his Account and the reasons for the withdrawal or suspension.
7.1 Prohibited and unlawful content
SUBSCRIBERS ARE STRICTLY FORBIDDEN TO PUBLISH ON THE SITE ANY CONTENT OF ANY KIND, INCLUDING AN IMAGE, VIDEO OR PHOTOGRAPHY, THAT IS CONTRARY TO LAWS AND REGULATIONS, ORDER TO THE PUBLIC OR TO GOOD MOTORS, OR HARMFUL OR INFRINGING THE RIGHTS OF A THIRD PARTY OR LIKELY TO CAUSE DAMAGE TO A THIRD PARTY.
In particular, Subscriber represents and warrants that any content it makes available is in compliance with the laws and regulations and the rights of third parties and is prohibited from publishing content that would be:
defamatory, abusive, slanderous, offensive, insulting or degrading;
containing the image of a person who has not given permission for such publication;
violating the privacy of a person without his authorization;
discriminatory, racist, xenophobic, homophobic or inciting hatred or discrimination on the basis of race, ethnicity, religion, disability, sex, age or sexual orientation;
pornographic, pedophile, inciting to sex tourism, indecent, obscene or containing scenes of nudity;
violent, shocking or constituting a threat to the safety of any person or property;
inciting to commit a crime, a crime or an act of terrorism;
contrary to human dignity;
advocating, promoting or inciting any criminal, tortious, illegal or harmful activity or undertaking, offense or wrongdoing;
constituting an infringement of the intellectual property rights of a third party, in particular reproducing or representing a work of the mind without the authorization of the author and rights holders, or offering such reproduction or representation;
containing personal data relating to a third party, such as in particular telephone number or address, or encouraging other users to communicate such data.
7.2 Hypertext links and hypermedia
IT IS STRICTLY FORBIDDEN TO PUBLISH ANY HYPERTEXT OR HYPERMEDIA LINK TO PROHIBITED OR UNLAWFUL CONTENT as defined in Article 10.1, directly or indirectly, regardless of the nature and characteristics of the text or media associated with the link.
If content posted on a Website is reported to the PUBLISHER, as a webhost, as manifestly unlawful, the PUBLISHER will be free to remove this content or to make access impossible in accordance with Article 6 of Law No. 2004-575 of 21 June 2004, which the Subscriber acknowledges and accepts.
The PUBLISHER may also prohibit access to the Subscriber to all or part of the Services or suspend at any time and without compensation the account of the Subscriber during the period it deems useful subject to informing the Subscriber of the withdrawal of the contents or suspension of his Account and the reasons for the withdrawal or suspension.
8 – RESPONSIBILITY OF THE PUBLISHER
8.1 The PUBLISHER can not be considered as publisher of the Site created by the Subscriber by means of its Services.
The PUBLISHER only has the quality of software provider with regard to any content within the meaning of article 6 I 2 ° of the law n ° 2004-575 of June 21st, 2004.
The PUBLISHER has no obligation to control or monitor the content published on the Site and can not be held liable for this.
The legal notices of the Sites mention that the PUBLISHER is the host and the Subscriber undertakes to ensure that this statement is always visible and not to hide it by any means whatsoever.
The PUBLISHER provides the software „as it is”.
8.2 The PUBLISHER is bound by an obligation of means in the context of these GCS and can not be responsible for any loss, lost profit, loss of benefits, turnover or customer, damage or indirect damage of any kind resulting from the management, use, operation, interruption or malfunction of the Services.
The PUBLISHER does not in any way guarantee that the Services meet the specifications or the needs of the Customer. The storage and bandwidth for Internet traffic allocated for the transmission of content and pages are limited in capacity and depend on the package ordered. The Customer must ensure, prior to the use of the Services and in particular the choice of the Package, that they meet his needs and he is solely responsible for the adequacy of the latter to his needs. The PUBLISHER can not be held responsible if the Subscriber has exceeded the storage capacity preventing it from posting new content, or if the Site and its contents are no longer accessible due to exceeding the bandwidth capacity .
The PUBLISHER does not guarantee that the functioning of the Site will be continuous or error-free.
The PUBLISHER can not be held responsible for an insufficient or unsatisfactory positioning of the Site in the search engines.
The PUBLISHER can in no way be held responsible for any unavailability of the Site or all or part of its services or functionalities due to a maintenance operation or to an external factor, such as in particular a failure of its ISP , nor for the inconvenience or damage inherent to the use of the Internet network, nor of the technical incidents which can occur on the networks of which it does not have the control (telecommunication, electricity, providers of the bank or others).
Due to the characteristics and limits of the Internet, which the Subscriber declares to be perfectly familiar with, the PUBLISHER can not be held liable for, in particular:
the difficulties of accessing the Site due to the saturation of networks at certain times;
malicious intrusions by third parties on the Site, despite the reasonable security measures put in place;
possible misuse of passwords, confidential codes, and more generally any sensitive information for the Customer.
The Subscriber further undertakes to make a backup copy of any content it imports on its Site, the EDITOR can not be responsible for loss of imported content.
In any event, in the event of the PUBLISHER’s liability for any reason whatsoever, the amount of the indemnities that may be charged to him may not exceed the amount of the subscription price that he will have paid the Subscriber during the last twelve months preceding the event giving rise to liability, regardless of the legal basis for the release of the liability and the procedure used to bring it to fruition.
9 – FORCE MAJEURE
The EDITOR can not be held responsible in case of force majeure.
Expressly, are considered as force majeure, besides those usually retained by the jurisprudence of the Romanians Courts and Tribunals total or partial strikes, internal or external to the company, lockout, bad weather, epidemics, blocking the means of transportation or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, telecommunications blockage and all other case beyond the express will of the parties preventing the normal execution of the Services.
Subscription and access to all or part of the Services will be suspended in case of force majeure or occurrence of an event beyond the control of the PUBLISHER that would not allow its execution.
If the cause of suspension has a duration of existence greater than fifteen (15) days, the Subscription concluded can be terminated at the request of the Subscriber or the EDITOR, without indemnity fifteen (15) days after the sending a registered letter with acknowledgment of receipt.
10 – TERMINATION
The Subscription may be automatically terminated by the PUBLISHER in case of breach by the Subscriber of all or part of its obligations as arising from these.
This termination will take place automatically without any other formality than a formal notice sent by registered letter with acknowledgment of receipt remained ineffective for five (5) working days, and this without prejudice to any recourse that the EDITOR could engage to obtain compensation the injury suffered.
The Subscriber will be liable for all outstanding amounts until the expiry of the contractual term.
11 – CONFIGURATION OF EQUIPMENT
Customer connects to FLORINWEB.COM using its own telecommunications terminal equipment.
The PUBLISHER does not make available to the Customer any material means, telephone installation, terminal equipment or others, to connect to FLORINWEB.COM.
He acknowledges that the display and operation performance of FLORINWEB.COM and the Services largely depend on the characteristics of his workstation and his internet connection.
12 – ASSISTANCE
The PUBLISHER makes available to the Customer technical assistance relating solely to the Services presented on FLORINWEB.COM by telephone and / or e-mail depending on the type of Package ordered. This support does not concern problems related to the equipment or the Internet connection of the Customer.
13 – SUB-TREATMENT AND ASSIGNMENT
For the purpose of fulfilling its obligations, the PUBLISHER reserves the right to assign, subcontract or transfer all or part of its rights and obligations under the Service ordered to any third party of its choice without the Subscriber being able to request the termination of the Service ordered by this fact alone.
The Subscriber may not, under any circumstances, transmit the Subscription or substitute a third party for the performance of his obligations, without any prior or express consent of the PUBLISHER.
14 – INTELLECTUAL PROPERTY
FLORINWEB.COM and its components are protected by the Intellectual Property Code and are the exclusive property of the PUBLISHER or are the subject of an authorization of use. Any reproduction, download, copy or public representation, even partial, is prohibited and constitutes an infringement.
Any content that may be protected by intellectual property rights that is published by the Subscriber on its Site remains the exclusive property of the Subscriber. As such, it guarantees the PUBLISHER against any third party recourse relating to the ownership or use of these contents.
15 – COOKIES
Most web browsers automatically accept cookies, but the Customer can usually change browser settings to deny them.
16 – REFERENCES
The Subscriber Client authorizes the PUBLISHER to mention his name on a reference list that he can distribute to his prospects as well as on FLORINWEB.COM.
The name of the PUBLISHER and his status as creator and host of the Subscriber’s Site will be published on his Site and a hypertext link to FLORINWEB.COM.
17 – DIVERSE
Any waiver by one or the other of the parties to invoke the non-compliance with one of the stipulations of these GTS can in no way be considered as a waiver to invoke any subsequent violation of the same or another stipulation of these GTC. The fact for a party to tolerate a breach or improper performance of these GTS or more generally to tolerate any act, omission or omission of the other party not in accordance with the provisions of these GTS can not confer any right to the other party who enjoys such tolerance.
THE CUSTOMER do not have access to the sourse code of the platform or the VPS platform on a subscription package. THE CUSTOMER can acces only the emails account and the albums folder using a FTP software and to the administration area of the website.
FLORINWEB.COM have the right to select his customers (SUBSCRIBERS). FLORINWEB.COM has the right to refuse a CUSTOMER or to terminate a SUBSCRIBER account if see unusual activity, abusive users etc.
18 – APPLICABLE LAW AND DISPUTES
These Terms are subject to Romanians law.
Any dispute between the parties relating to its interpretation and / or execution will be submitted, in the absence of amicable resolution and unless otherwise provided by law, to the exclusive jurisdiction of the TRIBUNAL Targoviste or the competent DAMBOVITA jurisdiction in case of specific jurisdiction, notwithstanding plurality of defendants, referred or appeal in warranty.
This document has been published by FLORINWEB.COM at April, 23rd, 2016
Last update: July, 23rd, 2018