Terms and conditions
Last modified: November 15, 2019
Thank you for using our services.
By using client.tips, you are accepting the following Terms and conditions. Please read them carefully.
A. Use of service
1. Definitions
“Application” – refers to the webpage to be created by the Company upon Client’s request. The Application shall be used over the Internet in view of collecting observations and assessments in relation to the Client’s business, employees and services.
“Clause” – refers to the Terms clause.
“Client” – refers to any natural or legal person requesting the execution of the Application by the Company.
“Website” – refers to the webpage at http://client.tips held by the Company.
“Company” – refers to the company entitled Expand Technologies SRL, offices in the locality of Ghiroda, Piatra Craiului 7, ap. 7, Timiș, registerd with the Trade Register Office attached to the Timiș Court, under no. J35/2921/2015, tax code RO 28673660.
“Terms” – refers to the terms and conditions herein.
“User” – refers to any natural or legal person visiting/accessing the Application.
2. General Conditions
2.1 This document sets the Terms for use of the Application by the Client.
2.2 Use of the Application entails the automatic acceptance by the User of such Terms, along with all
consequences arising from acceptance of such Terms.
3. Representations and Warranties of the User and the Client
3.1 The User represents and warrants that:
i) they have understood and agreed to the Terms;
ii) they shall not make use of and/or shall not allow any third party to make use of the Application for
immoral or illegal purposes;
iii) the data entered by the User in the Application contains complete, accurate and current information;
iv) they agree that the Company and the Client may use the information entered by the User in Application,
as well as the User information, under the legitimate interest of the Company and Client, for improving their services.
3.2 The Client represents and warrants that they have understood and agreed to the Terms.
4. Application
4.1 The Application shall be executed by the Company pursuant to the information supplied by the Client
to the Company, for such purpose.
4.2 The Company holds all legal rights in relation to the elements supplied by the Company, including,
without limitation, the graphics, form, means of presentation, content of the Application, images,
information and any other data and applications presented in the Application. They are protected under the
current copyright law.
4.3. The Application is configured by the Client with a specific and user-defined content.
4.4 The Client holds all legal rights in relation to the elements supplied by the Client, including, without
limitation, the graphics, form, means of presentation, content of the Application, images, information and
any other data and applications presented in the Application. They are protected under the current
copyright law.
4.5 It is expressly forbidden to breach or to attempt to breach any copyrights over the Application,
including, without limitation, the reproduction, distribution, trade, lease, loan, communication, radio
broadcasting, copy, modification, display, conveyance, editing, under any form, of the Application content
and form, creation of derived materials using the form and content of the application, subject to the
sanctions provided by law.
4.6 The Company and/or their partners are the intellectual property right owners over the trademarks and
databases presented in the Applications, while Clients and Users must observe such rights without
prejudice.
4.7 The Application undertakes to offer Clients and Users accurate information.
4.8 The Application is intended to participate in improving the relationship between the Company and
Clients by facilitating communication between the aforementioned.
4.9 The Company shall undertake all reasonable efforts to update the content of the Application based on
the information provided by the Client.
4.10 The Company shall not warrant the actuality of information presented in the Application.
4.11 The Company cannot warrant that the Application shall be free of errors, however, they will try to
remedy such errors in the shortest possible time in order to allow correct information to be conveyed to
Clients and Users.
4.12 The Company shall not be held liable for potential prejudices incurred by the Clients and/or their
employees/agents and/or Users pursuant to the Application.
4.13 The Company shall not be held liable for any potential differences or disputes occurred between
Clients and/or their employees/agents and/or Users pursuant to or in relation to using the Application.
4.14 The Company reserves the right to one-sidedly change, without prior notification, at any time, and
without any liability to this purpose: the content, presentation form and/or the Application’s structure.
4.15. The Client reserves the right to one-sidedly change, without prior notification, at any time, and
without any liability to this purpose: the content, presentation form and/or the Application’s structure.
4.16 The Company cannot offer any guarantees over the technical and functional quality of the
Application, as well as over the lack of viruses potentially existing in the Application.
4.17 The Company may not be held accountable in any way for any kind of direct or consequential
damages incurred or claimed by Clients and/or their employees/agents and/or Users and originating from
dysfunctionalities of the Application and/or notifications sent or presumably sent (by any means, such as
email, text) to Clients/Users.
4.18 The Application may contain links or references to other websites or applications whose use shall
require the specific policies for use, as mentioned on the specific websites/applications; the Company shall
not be held liable and shall not assume any obligation for the content of such websites/applications or any
link between them. The Client/User shall access such websites and use their products exclusively at their
own risk.
5. Data Protection
5.1 Should the User wish to use the Application, the Company and the Client shall require certain
identification or personal data of the User.
5.2 Personal data refers to any information that may be used to identify the person or to contact such
person online or offline.
5.3 Personal information is only collected with the User’s consent if they are willingly provided by the User
through one of the online forms of the Application.
5.4 The personal information requested belong to the User and may include: first and last name of the
natural person, email address, and/or phone number.
5.5 The data provided by the User is strictly confidential. The Company and the Client undertake before
the User not to provide such data to any unauthorized third parties and use same strictly for the purpose of
the Company-Client- User relationship.
5.6 Under legal requirements, the Company and the Client undertake to manage, under safe conditions,
the personal data supplied by the User in relation to the User. For more details regarding security measures, please read client.tips Privacy Policy
here.
5.7 The personal data of the User shall be used by the Company and the Client for the purpose of
notifying the Client in relation to the asessment of the business, employees and services of the Client,
market research and statistics activities, follow-up and monitoring activities of sales.
5.8 The Company and the Client undertake to apply, in relation to the personal data of the User, the
proper technical and organizational measures for the protection of personal data against accidental or
illegal destruction, loss, modification, disclosure or unauthorized access, as well as against any other form
of illegal processing. For more details regarding security measures, please read client.tips Privacy Policy
here.
5.9 The personal data of the User, collected by the Company and the Client, shall never be used for direct marketing purposes and shall never be disclosed to a
third party company which intends to use such data for direct marketing purposes, without the express
consent of the User, for such particular purpose.
5.10 The Company and the Client may supply the personal data of the User to other partners of the
Company and the Client if it is related to or necessary for the running of the business of the Company or
ther Client.
5.11 The personal data supplied by the Client shall be disclosed to relevant legal persons, authorities or
public bodies, upon the request of such parties, under the legal provisions.
5.12 By filling in the data of the User in the Application form, they represent that they willingly consent to
their personal data being included within the Client’s databases and, to this purpose, the User expressly
and unequivocally consents to all such personal data being stored, used or processed on account of and
by the Client for the purpose of assessing their business.
5.13 By filling in the data of the User in the Application form, they represent that they willingly consent to
their personal data being included within the Company’s databases and, to this purpose, the User
expressly and unequivocally consents to all such personal data being stored, used or processed on
account of and by the Company, their affiliates and agents, for the rollout and/or undertaking by the
Company, their affiliates and agents, of activities such as market research, statistical, follow-up and
monitoring activities of sales.
5.14 In view of the provision of databases (resulting pursuant to the usage of the Application) by the
Company to the Client, the Client represents that they are in compliance with the provisions of the applicable law on the protection of individuals with regard to the processing of personal data and the free movement of such data.
5.15 The Company may provide the personal data of the User to other partner companies, but solely
under a confidentiality agreement on their part, guaranteeing that such data shall be kept safe and that
supply of such personal information is performed under the law.
5.16 By reading the Terms, the User was notified in relation to their rights, as provided under the applicable law on the protection of individuals with regard to the processing of personal data and the free movement of such data, as well as the right to be informed, the right to access the data, the right to
intervention, the right to opposition, the right to not be subjected to an individual decision and the right to
address justice.
5.17 The aforementioned rights include the following:
i) the User’s right to obtain, on request and on a free basis for one request per year, the confirmation of the
fact that the data is processed by the Company and the Client, to obtain the personal data processed and controlled by the Company and the Client, to request the correction or the deletion of their personal data from the Application, from the corresponding databases and all available copies; the User may submit the request in writing,
dated and signed, to the Company’s or the Client’s offices or via email to office@client.tips. The request
shall specify the recipient’s name and whether or not they want the information to be sent to a specified
address (even via email) or via a mailing service offering confirmation of receipt. The Company and/or the
Client shall notify the measures adopted/information requested within 15 (fifteen) business days from the
date of receipt of the request.
ii) the User’s right to oppose, at any time, for duly justified and legitimate reasons related to the User’s
particular status, the act of their personal data being processed, unless contrary legal provisions apply. In
case of justified opposition, the processing shall not target the respective data;
iii) the User’s right to oppose, at any time, on a free basis and without the need for justification, the act of
their personal data being processed for marketing purposes;
iv) the User’s right to address justice in the event of having incurred a prejudice pursuant to personal data
processing;
v) the User’s right to file a complaint to the supervisory authority in the event that it is believed that their
personal data was processed unlawfully.
5.18 According to the applicable law on personal data protection:
i) the Company assists the Client through technical and organizational measures for the fulfilment of the controller's obligation to respond to requests for
exercising the User's rights laid down in section 5.17;
ii) the Company, as data processor and controller, assists the Client, as data controller, in ensuring compliance with the obligations by actively informing the Client and by being available for support requests that come from the Client;
iii) on the request of the Client, as data controller, the Company deletes or returns all the personal data that was added by the Client in the Application to the Client, as data controller, in electronic form, after the end of the provision of services relating to processing, and deletes existing copies unless these data must be stored according to an applicable law;
iv) the Company, as data processor and controller, makes available to the Client, as data controller all information necessary to demonstrate compliance with the obligations laid
down in the applicable law and allows for and contribute to audits, including inspections, conducted by the Client, as data controller, or another auditor mandated by the Client.
5.19 The Company and the Client do not promote the transmission of spam.
5.20 The details of the bank card (card number, expiry date etc.) shall not be transferred or stored on
Company or Client servers.
5.21 The Client represents that they are in compliance with all current legal conditions related to the personal data of their employees/agents (including,
without limitation, photographs, names, email addresses), as well as the fact that they had obtained the
prior written consent of each employee/agent for the provision of such data to the Company and their
publishing within/by the Application.
5.22 The Client represents and acknowledges that they shall be the only liable party for non-compliance
with the provisions under Clause 5.21 above.
6. Copyright
6.1 The full content of the Application is, as appropriate, the property of the Company or the joint property
of the Client and the Company and it is defended by the legal provisions relevant for copyrights,
intellectual and industrial property rights.
6.2 The use, by any means, of any elements of the Application without the prior written consent of the
Company or, if applicable, the Client and the Company, shall be punishable under Romanian law.
7. Termination
7.1 Termination of the Terms bears no effect over the duties already existing on the date of termination.
7.2 The Terms shall fully terminate, without prior notification or other formalities and without court
intervention, in any of the following instances:
i) at the Company’s initiative, in the event that the Client fails to comply or is in breach of any provision of
the Terms;
ii) upon the cease of any contractual relations between the Company and th Client.
8. Force Majeure. Act of God
8.1 The Force Majeure and Act of God release the party claiming such Force Majeure or Act of God of any
civil liability.
8.2 Force Majeure shall be deemed an unpredictable and unavoidable event for one of the parties and
occurred before, during or after execution of the Application.
8.3 Instances of such an event may be: was, human violent acts, expropriation, energy supply cut-off,
labor conflict, fire, storm or other phenomena.
8.4 The Act of God is an event that may be neither foreseen, nor prevented by the party liable if such an
event had not occurred.
8.5 The Force Majeure and the Act of God lead to the suspension or extinction of liability, as appropriate.
9. Modifications
9.1 The Company reserves the right to one-sidedly and at any time modify the Terms.
10. Governing Law
10.1 The governing law of the Terms is Romanian law.
11. Disputes
11.1 Any dispute related to the Terms shall be settled amicably.
11.2 Should the dispute fail to be settled amicably within 15 (fifteen) calendar days, such dispute shall be
settled by the relevant court of the City of Timișoara.
12. Validity
12.1 Should a particular word, expression, term, condition or Clause in the Terms be deemed null, such
decision shall not bear any effects on the remaining words, expressions, terms, conditions or Clauses.
13. Constructions
13.1 The following rules shall apply for the construction of the Terms:
i) the terms defined under this document have the meaning given to them within the Terms, words
referenced to the singular shall include the plural, as well, and vice-versa, while the words including a
gender shall include all other genders;
ii) the titles in the Terms are for orientation purposes only and must not be taken into account for the
construction itself;
iii) any commitment of the User/Client not to take any action includes a duty not to allow such action to be
performed by a third party acting under the User’s/Client’s authority;
iv) references to the action, breach or non-compliance by the User/Client shall include the actions,
breaches or non-compliances of any third party authorized by the User/Client;
v) any “singular” includes the plural and vice-versa, while any “gender” includes any other gender; and
vi) any consent, approval or authorization requested or provided under the Terms shall only produce
effects if in writing;
vii) any reference to any agreement or another instrument, subject to contrary provisions, shall be deemed
to include a reference to such agreement or instrument as modified, novated or replaced from time to
time;
viii) for computation reasons, the first, as well as the last day of terms shall be included; in the event the
day when or by which any action, issue or matter must be performed is not a business day, such act, issue
or matter shall be performed on the following business day;
ix) any reference to a paragraph without further mentioning a certain paragraph number shall be deemed
as a reference to the paragraph where such reference occurs; this rule shall also apply to sentences;
x) the words “this document”, “the present document”, “herein”, “below” and other similar words shall refer
to such Terms as a whole and not a particular provision.
Expand Technologies SRL
The Client
The User
B. Provision of service
1. Definitions
“Application” – refers to the webpage to be created by the Company pursuant to Client Registration on the Website and placing the Order. The Application shall be used over the Internet in view of collecting observations and assessments in relation to the Client’s business, employees and services.
“Clause” – refers to the Terms clause.
“Client” – refers to any natural or legal person requesting the provision of Services by the Company.
“Order” – refers to the act by which the Client places the Service order to the Company. The Order shall be placed by the Client only after the Client has been notified about the Quotation and only after Registration.
“Bank Account” – refers to the bank account IBAN RO84BTRLRONCRT0332732201 for RON or RO34BTRLEURCRT0332732201 for EUR, SWIFT code BTRLRO22, belonging to the Company, opened at Banca Transilvania.
“Client Account” – refers to the Client account resulting pursuant to Registration.
“Registration” – refers to the Client’s registration on the Website.
“Quotation” – refers to the quotation communicated by the Company to the Client, in writing, on hard copy, or electronically, by email.
“Price” – refers to the price of Services provided by the Company and agreed by the Client, pursuant to the Quotation.
“Services” – refers to the services provided by the Company to the Client consisting in making the Application available to the Client.
“Website” – refers to the webpage at http://client.tips held by the Company.
“Company” – refers to the company entitled Expand Technologies SRL, offices in the locality of Ghiroda, strada Piatra Craiului numărul 7, apartament 7, Timiș, registerd with the Trade Register Office attached to the Timiș Court, under no. J35/2921/2015, tax code RO 28673660.
“Terms” – refers to the terms and conditions herein.
“User” – refers to any natural or legal person visiting/accessing the Application.
2. General Conditions
2.1 This document sets the Terms for Service provisioning by the Company.
2.2 Such Terms are supplemented by the Quotation, which is part of the Terms.
2.3 The Company provides the Services under the authority of such Terms.
2.4 Client Registration and access to Services entails the automatic acceptance by the Client of such Terms, including, without limitation, the Quotation, with all consequences arising from acceptance of such terms.
2.5 The Company may select their potential Clients by using different selection criteria, but they may also block the Client’s account in the event of breach of Terms by the latter.
3. Services
3.1 The Services shall be accessible to the Client solely after completing the Registration process which also acknowledges the fact that they were notified in relation to the Quotation, as well as pursuant to the verification and confirmation/validation of the data entered by the Client on the Website.
3.2 The Services shall only be provided after the Client has placed the Order, while continuation of service provision is conditioned by the payment of the Price, under Clauses 4 and 5.
4. Payment for Services
4.1 The payment of the Price shall be performed in full, by the Client into the Bank Account, based on the electronic invoice issued by the Company and transmitted by the Company to the Client’s email address.
4.2 The payment of the Price shall be performed, by the Client, within 10 business days from the date of receipt by the Client of the invoice issued by the Company.
4.3 Should the Client fail to perform payment of the Price within the term set under Clause 4.2, the Company may claim penalties of 0.15% of the invoiced value, for each day of delay, from the Client.
5. Order
5.1 Should payment of the Price fail to be performed under the conditions and terms provided under Clauses 4.1 and 4.2, the Order shall be deemed null and the Company reserves the right not to provide the Services.
6. Term
6.1 The term for the provision of Services shall be mentioned in the Order and shall be calculated starting with the date of the Order.
7. Representations and Warranties of the Client
7.1 The Client represents and warrants that:
i) they have understood and agreed to the Terms;
ii) within 10 calendar days from the Company’s request, they shall provide the Company with all the information necessary for executing the Application;
iii) they shall not make use of and/or shall not allow any third party to make use of the Services for immoral or illegal purposes;
iv) they shall not disclose the username and password of the Client Account to any third party and they shall take all necessary measures from preventing the release of such information to other individuals;
v) they shall not transfer the Client Account to other third parties;
vi) they agree that no guarantee can be offered as to the availability or approval for use of any user/client name requested under the Registration process;
vii) they are the lawful user of the Client Account and they are legally authorized to use, under the Registration process, any commercial name or trademark and that the use of such commercial name or trademark is not in breach of any third party rights;
viii) they are liable for all errors leading to material losses, if they have acted with intention, negligence or carelessness, such as facilitating unauthorized transactions or by fraudulent attempts;
ix) the data in the Client Account and the Order contain complete, accurate and current information;
x) they agree to the Company using the Client’s statistical information related to the Orders placed and related to Users and their references within the Application;
xi) all configuration data of the Application, in textual form, as well as in a graphic format, of any nature, are accurate, belong to them or they have the consent for use and exposure of same in the private and public virtual environment and undertake full liability over the exposure of such data in the virtual environment;
xii) fulfills all legal conditions in view of achieving the object of the Terms herein.
8. Website
8.1 The Company holds the legal rights concerning the graphics, form, means of presentation, as well as the full content of the Website including, without limitation, the images and information on the Services and any other data and applications presented on the Website. They are protected by means of the current copyright law.
8.2 It is expressly forbidden to breach or to attempt to breach any copyrights over the Website, including, without limitation, the reproduction, distribution, trade, lease, loan, communication, radio broadcasting, copy, modification, display, conveyance, editing, under any form, of the Website content and form, subject to the sanctions provided by law.
8.3 The Company and/or their partners are the intellectual property right owners over the trademarks and databases presented on the Website, while Clients must observe such rights without prejudice.
8.4 The Website undertakes to offer Clients accurate information related to the Services.
8.5 The Website is intended to participate in improving the relationship between the Company and Clients by facilitating communication between the aforementioned.
8.6 The Company shall undertake all reasonable efforts to offer current information on Services and to update the content of the Website.
8.7 The Company shall not warrant the actuality of information presented on the Website.
8.8 The Company cannot warrant that the Website shall be free of errors, however, they will try to remedy such errors in the shortest possible time in order to allow correct information to be conveyed to Clients.
8.9 The Company shall not be held liable for potential prejudices incurred by the Clients pursuant to the Website.
8.10 Clients may obtain certain Services through the Website by accessing the fields expressly mentioned for such purpose.
8.11 The Company reserves the right to one-sidedly change, without prior notification, at any time, and without any liability to this purpose: the content, presentation form and/or the Website’s structure.
8.12 The Company cannot offer any guarantees over the technical and functional quality of the Website, as well as over the lack of viruses potentially existing on the Website.
8.13 The Company may not be held accountable in any way for any kind of direct or consequential damages incurred or claimed by Clients and originating from dysfunctionalities of the Website and/or notifications sent or presumably sent (by any means, such as email, text) to Clients.
8.14 The Website may contain links or references to other websites whose use shall require the specific policies for use, as mentioned on the specific websites; the Company shall not be liable and shall not assume any obligation for the content of such websites or any link between them. The Client shall access such websites and use their products exclusively at their own risk.
9. Application
9.1 The Application shall be executed by the Company pursuant to the Registration and the Order, as well as following the information supplied by the Client to the Company, for such purpose.
9.2 The Company holds all legal rights in relation to the elements supplied by the Company, including, without limitation, the graphics, form, means of presentation, content of the Application, images, information and any other data and applications presented in the Application. They are protected under the current copyright law.
9.3 The Client holds all legal rights in relation to the elements supplied by the Client, including, without limitation, the graphics, form, means of presentation, content of the Application, images, information and any other data and applications presented in the Application. They are protected under the current copyright law.
9.4 The Client undertakes full liability for all information (text or images) provided and added by the Client within the Application, including information related to individuals and their contact information.
9.5 It is expressly forbidden to breach or to attempt to breach any copyrights over the Application, including, without limitation, the reproduction, distribution, trade, lease, loan, communication, radio broadcasting, copy, modification, display, conveyance, editing, under any form, of the Application content and form, creation of derived materials using the form and content of the application, subject to the sanctions provided by law.
9.6 The Company and/or their partners are the intellectual property right owners over the trademarks and databases presented in the Applications, while Clients and Users must observe such rights without prejudice.
9.7 The Application undertakes to offer Clients and Users accurate information.
9.8 The Application is intended to participate in improving the relationship between the Company and Clients by facilitating communication between the aforementioned.
9.9 The Company shall undertake all reasonable efforts to update the content of the Application based on the information provided by the Client.
9.10 The Company shall not warrant the actuality of information presented in the Application.
9.11 The Company cannot warrant that the Application shall be free of errors, however, they will try to remedy such errors in the shortest possible time in order to allow correct information to be conveyed to Clients and Users.
9.12 The Company shall not be held liable for potential prejudices incurred by the Clients and/or their employees/agents and/or Users pursuant to the Application.
9.13 The Company shall not be held liable for any potential differences or disputes occurred between Clients and/or their employees/agents and/or Users pursuant to or in relation to using the Application.
9.14 The Company reserves the right to one-sidedly change, without prior notification, at any time, and without any liability to this purpose: the content, presentation form and/or the Application’s structure.
9.15 The Company cannot offer any guarantees over the technical and functional quality of the Application, as well as over the lack of viruses potentially existing in the Application.
9.16 The Company may not be held accountable in any way for any kind of direct or consequential damages incurred or claimed by Clients and/or their employees/agents and/or Users and originating from dysfunctionalities of the Application and/or notifications sent or presumably sent (by any means, such as email, text) to Clients/Users.
9.17 The Application may contain links or references to other websites or applications whose use shall require the specific policies for use, as mentioned on the specific websites/applications; the Company shall not be liable and shall not assume any obligation for the content of such websites/applications or any link between them. The Client/User shall access such websites and use their products exclusively at their own risk.
10. Data Protection
10.1 No personal data is required to access the Website.
10.2 Should the purchase or details of Services be requested, the Company shall require certain identification or personal data of the Client and/or their employees/agents.
10.3 Personal data refers to any information that may be used to identify the person or to contact such person online or offline.
10.4 Personal information is only collected with the Client’s consent if they are being willingly supplied by the Client through one of the online forms of the Website or accessible through the Client Account.
10.5 The personal information requested belong to the Client and/or their employees/collaborators and include: company name, first and last name of the natural person, email address, offices or residence address, tax code, phone number, bank account information, names of Client employees/collaborators, and the email addresses of the Client’s employees/collaborators.
10.6 The data provided by Clients is strictly confidential. The Company undertakes before their Clients not to provide such data to any unauthorized third parties and use same strictly for the purpose of the Client-Company relationship. For more details regarding security measures, please read client.tips Privacy Policy
here.
10.7 Under legal requirements, the Company undertakes to manage, under safe conditions and only in view of providing the Services, the personal data supplied by the Client in relation to the Client and/or their employees/agents.
10.8 The personal data of the Client and/or their employees/agents shall be used by the Company solely for the purpose of providing the Services, for notifying Clients in relation to the status of the Website account, for notifying Clients in relation to the Application, for notifying Clients in relation to the confirmation, progress and status of Orders, invoicing and collection of the Service value, Service assessment, market research, statistical, follow-up and monitoring activities of sales and the conduct of Clients and/or their employees/agents.
10.9 The Company undertakes to apply, in relation to the personal data of the Client and/or their employees/agents, the proper technical and organizational measures for the protection of personal data against accidental or illegal destruction, loss, modification, disclosure or unauthorized access, as well as against any other form of illegal processing. For more details regarding security measures, please read client.tips Privacy Policy
here.
10.10 The personal data of the Client and/or their employees/agents, collected by the Company, shall never be disclosed to a third party company which intends to use such data for direct marketing purposes, without the express consent of the Client and/or their employees/agents, for such particular purpose.
10.11 The Company may supply the personal data of the Client and/or their employees/agents to other partners of the Company if it is related to or necessary for the provision of Services.
10.12 The personal data supplied by the Client shall be disclosed to relevant legal persons, authorities or public bodies, upon the request of such parties, under the legal provisions.
10.13 By filling in the data of the Client and/or their employees/agents in the Client Account and/or Order registration form, they represent that they willingly consent to their personal data being included within the Company’s databases and, to this purpose, the Client expressly and unequivocally consents to all such personal data being stored, used or processed on account of and by the Company, their affiliates and agents, for the rollout and/or undertaking by the Company, their affiliates and agents, of activities such as market research, statistical, follow-up and monitoring activities of sales and the conduct of Client (The Website uses cookies).
10.14 The Company may provide the personal data of the Client and/or their employees/agents to other partner companies, but solely under a confidentiality agreement on their part, guaranteeing that such data shall be kept safe and that supply of such personal information is performed under the law.
10.15 By reading the Terms, the Client was notified in relation to their rights, as provided under the applicable law on the protection of individuals with regard to the processing of personal data and the free movement of such data, as well as the right to be informed, the right to access the data, the right to intervention, the right to opposition, the right to not be subjected to an individual decision and the right to address justice.
10.16 The aforementioned rights include the following:
i) the User’s right to obtain, on request and on a free basis for one request per year, the confirmation of the
fact that the data is processed by the Company and the Client, to obtain the personal data processed and controlled by the Company and the Client, to request the correction or the deletion of their personal data from the Application, from the corresponding databases and all available copies; the User may submit the request in writing,
dated and signed, to the Company’s or the Client’s offices or via email to office@client.tips. The request
shall specify the recipient’s name and whether or not they want the information to be sent to a specified
address (even via email) or via a mailing service offering confirmation of receipt. The Company and/or the
Client shall notify the measures adopted/information requested within 15 (fifteen) business days from the
date of receipt of the request.
ii) the Client’s right to oppose, at any time, for duly justified and legitimate reasons related to the Client’s particular status, the act of their personal data being processed, unless contrary legal provisions apply. In case of justified opposition, the processing shall not target the respective data;
iii) the Client’s right to oppose, at any time, on a free basis and without the need for justification, the act of their personal data being processed for marketing purposes;
iv) the Client’s right to address justice in the event of having incurred a prejudice pursuant to personal data processing;
v) the Client’s right to file a complaint to the supervisory authority in the event that it is believed that their personal data was processed unlawfully.
10.17 According to the applicable law on personal data protection:
i) the Company assists the Client through technical and organizational measures for the fulfilment of the controller's obligation to respond to requests for
exercising the User's rights laid down in section 10.16;
ii) the Company, as data processor and controller, assists the Client, as data controller, in ensuring compliance with the obligations by actively informing the Client and by being available for support requests that come from the Client;
iii) at te choice of the Client, as data controller, the Company deletes or returns all the personal data that was added by the Client in the Application to the Client, as data controller, in electronic form, after the end of the provision of services relating to processing, and deletes existing copies unless these data must be stored according to an applicable law;
iv) the Company, as data processor and controller, makes available to the Client, as data controller all information necessary to demonstrate compliance with the obligations laid
down in the applicable law and allows for and contribute to audits, including inspections, conducted by the Client, as data controller, or another auditor mandated by the Client.
10.18 The Company does not promote the transmission of spam. The Application may send electronic messages for the purpose of notifying Clients and/or their employees/agents in relation to the assessment of Services.
10.19 In view of the provision of databases (resulting pursuant to the usage of the Application) by the Company to the Client, the Client represents that they are in compliance with the provisions of the applicable law on the protection of individuals with regard to the processing of personal data and the free movement of such data.
10.20 The details of the bank card (card number, expiry date etc.) shall not be transferred or stored on Company servers.
10.21 The Client represents that they are in compliance with all current legal conditions related to the personal data of their employees/agents (including, without limitation, photographs, names, email addresses), as well as the fact that they had obtained the prior written consent of each employee/agent for the provision of such data to the Company, their publishing within/by the Application and their use by the Application for statistical data transmission.
10.22 The Client represents and acknowledges that they shall be the only liable party for non-compliance with the provisions under Clause 10.21 above.
11. Copyright
11.1 The full content of the Website is the property of the Company and it is defended by the legal provisions relevant for copyrights, intellectual and industrial property rights.
11.2 The content of the Application is, if appropriate, the property of the Company or the joint property of the Client and the Company and it is defended by the legal provisions relevant for copyrights, intellectual and industrial property rights.
11.3 The use, by any means, of any elements of the Website without the prior written consent of the Company shall be punishable under Romanian law.
11.4 The use, by any means, of any elements of the Application without the prior written consent of the Company or, if applicable, the Client and the Company, shall be punishable under Romanian law.
12. Termination
12.1 Any party may, at any time, terminate the Terms.
12.2 Termination of the Terms bears no effect over the duties already existing on the date of termination.
12.3 The Client Account and the Application shall fully terminate, without prior notification or other formalities and without court intervention, in any of the following instances:
i) at the Company’s initiative, in the event that the Client fails to comply or is in breach of any provision of the Terms;
ii) the Client waives the use of the Client Account, by written request addressed to the Company or, by email, at office@client.tips, 30 calendar days in advance;
iii) upon expiry of the Client Account or the Application.
13. Force Majeure. Act of God
13.1 The Force Majeure and Act of God release the party claiming such Force Majeure or Act of God of any civil liability.
13.2 Force Majeure shall be deemed an unpredictable and unavoidable event for one of the parties and occurred before, during or after activation of the Client Account.
13.3 Instances of such an event may be: was, human violent acts, expropriation, energy supply cut-off, labor conflict, fire, storm or other phenomena.
13.4 The Act of God is an event that may be neither foreseen, nor prevented by the party liable if such an event had not occurred.
13.5 The Force Majeure and the Act of God lead to the suspension or extinction of liability, as appropriate.
14. Modifications
14.1 The Company reserves the right to one-sidedly and at any time modify the Terms.
14.2 Continuation to use, by the Client, of the Client Account and the Website, after the modification provided under Clause 14.1, is the acceptance, by the Client, of all such modifications brought to the Terms.
14.3 The Company shall notify its Client in relation to the changes brought to the Terms by making the updated Terms available on the Website.
14.4 In the event Clients are adversely affected by such modifications and should they dismiss the proposed modifications, Clients may deactivate the Client Account.
15. Governing Law
15.1 The governing law of the Terms is Romanian law.
16. Disputes
16.1 Any dispute related to the Terms shall be settled amicably.
16.2 Should the dispute fail to be settled amicably within 15 (fifteen) calendar days, such dispute shall be settled by the relevant court of the City of Timișoara.
17. Validity
17.1 Should a particular word, expression, term, condition or Clause in the Terms be deemed null, such decision shall not bear any effects on the remaining words, expressions, terms, conditions or Clauses.
18. Constructions
18.1 The following rules shall apply for the construction of the Agreement:
i) the terms defined under this document have the meaning given to them within the Terms, words referenced to the singular shall include the plural, as well, and vice-versa, while the words including a gender shall include all other genders;
ii) the titles in the Terms are for orientation purposes only and must not be taken into account for the construction itself;
iii) any commitment of the Client not to take any action includes a duty not to allow such action to be performed by a third party acting under the Client’s authority;
iv) references to the action, breach or non-compliance by the Client shall include the actions, breaches or non-compliances of any third party authorized by the Client;
v) any “singular” includes the plural and vice-versa, while any “gender” includes any other gender; and
vi) any consent, approval or authorization requested or provided under the Terms shall only produce effects if in writing;
vii) any reference to any agreement or another instrument, subject to contrary provisions, shall be deemed to include a reference to such agreement or instrument as modified, novated or replaced from time to time;
viii) for computation reasons, the first, as well as the last day of terms shall be included; in the event the day when or by which any action, issue or matter must be performed is not a business day, such act, issue or matter shall be performed on the following business day;
ix) any reference to a paragraph without further mentioning a certain paragraph number shall be deemed as a reference to the paragraph where such reference occurs; this rule shall also apply to sentences;
x) the words “this document”, “the present document”, “herein”, “below” and other similar words shall refer to such Terms as a whole and not a particular provision.
Expand Technologies SRL
The Client
The User
