1. THE PARTIES. THE AGREEMENT.
This agreement is concluded between Net Interaction SRL, with the registered office in Drobeta Turnu Severin, Str. Matei Vasilescu no. 15, having the tax identification number 13579924, Trade Register Number J 25/169/2000, email email@example.com, having the Bank account: RO95INGB0000999901848991 opened at Banca Ing Timisoara, represented by Radu FLORICICA, as Proxy, hereinafter referred to as PROVIDER, and yourself (either as a natural or legal person).
By creating an account on www.couriermanager.eu (”Platform”) and/or by using the Courier Manager web services ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree with this Terms of Service, you shall immediately: a) stop using the Service; or b) do not create an account.
If you are accepting these terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms.
The Provider reserves the right to update and change the Terms of Service. Any modification to these terms will be mentioned on www.couriermanager.eu and/or will be communicated to you by email. The modified version of terms of Service will become effective no sooner than 15 days after it is communicated to you. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Service, you should stop using Service and delete your Account.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms of this document will result in the termination of your Account.
2.1. When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Account" means the account created and used by you on the Platform in order to use the Service;
"Content" means any information provided by you on the Platform such as but not limited to any information regarding the office locations, courier names, delivery adresses and packages etc.; any personal data provided by you on the Platform. The Content will be available only to you and other users that you have shared the Content with;
"Courier Manager" (CM) is a concept of the Provider which is presented as a software platform for courier companies and / or other companies with tangential courier activities. The project is based on facilitating the activity and business processes through shipping management, includes a mobile app to send and receive real-time field information, to photograph the receipt confirmation, etc., organizational and task planning features, and other tools that facilitate the activities and processes within a courier company.
"CM Software" is a program that contains instructions for your computer to run the software. In order to avoid any misunderstandings regarding the use of the CM, the CM Software also includes the source code and / or object code and / or any component part and / or any expression of the Software. By transferring the right of using the CM, one shall not transfer the real copyrights over the CM Software, nor over the source code and / or the object code and / or any other expression of the program, as said rights shall remain in the Provider's property, even in the situation in which the software will be tailored to the Beneficiary's requirements.
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, rights in designs);
"Provider" means Net Interaction SRL, with the registered office in Drobeta Turnu Severin, str Matei Vasilescu no. 15, having the tax identification number 13579924, Trade Register Number J 25/169/2000, who is entitled to provide and sell the Service in the conditions stipulated under the Terms of Service;
"Platform" means the website www.couriermanager.eu and any subdomain of the couriermanager.eu domain where the Software can be accessed and used;
"Service" means the services provided in relation with the Software, namely the right to use the Software;
"Software" means the courier management software available at www.couriermanager.eu;
"User" and/or "You" means the person who access and use the Service, in the conditions stipulated under the Terms of Service.
3. USING THE SERVICE
3.1. By this agreement, the Provider undertakes to provide the right to use CM for the period and territory provided for in this Agreement, as well as hosting for the CM, CM application, maintenance services and backup facilities.
3.2. The right of use (license) provided for in art. 3.1. above does not equate with the transfer of copyright to CM or the CM application as defined in this Agreement and its appendices, pursuant to Law no. 8/1996. Nothing in this agreement shall limit in any way the Provider’s right to develop, use, license, create derivative works of, or otherwise exploit the Software, or to permit third parties to do so.
3.3. Maintenance services consist of storing data on one’s own servers, inspecting software products for maintenance, remedying errors, bugs found, configurations / reconfigurations to make them more efficient, and providing daily backups for the database in return for payment of a price by the User.
3.4. The above mentioned right of use does not have an exclusive character, as the right to use the same version of the CM will also be given to other users / courier companies by the Provider pursuant to Art. 75 of the Law no. 8/1996 on copyright and related rights. The right of use is territorially restricted only for the territory of Romania.
3.5. In order to use the Service, you need to create an Account on the Platform and to be logged in when using the Service. In this respect:
a) You must be 18 years or older to create an Account and to use this Service;
b) You must be a human. Accounts registered by "bots" or other automated methods are not permitted and will be deleted without any prior notice,
c) You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process. Any Account created using fake information will be deleted without any prior notice;
d) You are not allowed to create an account using personal information of third parties (natural or legal persons) unless you are empowered by that person to open an Account;
e) Your login may only be used by one person – a single login shared by multiple people is not permitted.
3.6. You are responsible for maintaining the security of your account and password. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
3.8. You may not use the Service for any illegal or unauthorized purpose and/or activity. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.9. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
3.10. Activities such as phishing, cracking, hacking etc. wich endanger the Platform and its Users, the server, and data security are stricly prohibited.
3.11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without the express written permission of the Provider.
3.12. You must not use the Software in order to create o product, service or software that is, directly or indirectlu competitive witj or in any way a substitute for any product, services, features adn/or software offered by the Provider.
3.13. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages by using the Service.
3.14. You must not transmit any worms or viruses or any code of a destructive nature.
3.15. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any providers, customer, employee, member, or officer will result in immediate account termination.
3.16. The provider does not pre-screen Content, but the provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3.17. Also, we may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, the law, or these Terms of Service.
4. PAYMENT. REFUNDS
4.1. A valid credit card is required for paying the use of your Account. Trial accounts are not required to provide a credit card number.
4.2. The Service is billed on a monthly basis, the price depending on the selected package from the ones provided at https://couriermanager.eu/prices.
4.3. Billing occurs at the start of the billing period.
4.4. Renewal invoices are issued automatically unless the account owner does not explicitly terminate the service.
4.5. The credit card on file is charged automatically by our billing system one day after an invoice is issued.
4.6. Users agree to pay all the costs that may incur in order to use the Platform and all financial loss resulted from the unathorized use of the Account for operations on the Platform. You must pay any applicable taxes, and any applicable third-party fees (including, for example data plan charges, credit card fees or foreign exchange fees). We are not responsible for these fees.
4.7. All accounts benefit from 30 days of free trial starting with their registration date.
4.8. Failing to register a valid credit card when the trial period ends will lead to the suspension of the account, followed by its termination.
4.9. There are no refunds.
5. LIABILTY. WARRANTY
5.1. The service is provided on an "as is" and "as available" basis. Therefore, you acknowledge that your use of the Service is at your sole risk.
5.2. The Provider does not warrant that (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the Service will be corrected.
5.3. Also, the Provider does not warrant that the Content will be always available, always synchronized and updated and error free. Also, you understand that in extraordinary circumstances the Content can be lost, therefore we recommend you to always backup the Content you provide on the Platform.
5.4. Technical support is only provided to paying account holders and is available via email and/or telephone.
5.5. You will get answers to technical questions within one (1) week. Support shall refer only to Software's features, integration questions related to the Software's API and documentation clarification. Support does not include questions related to other programming languages or frameworks. Under no circumstances is the Provider compelled to fix Software's bugs, to perform custom development or to write code for the User.
5.6. You understand and aknowledge that Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5.7. You understand that the acces to the Platform may be, from time to time, restricted because of the maintenance works, system updates or because we are adding new features.
5.8. You expressly understand and agree that the provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
5.9. Exclusive remedy: In case of any breach of the above limited warranty, Provider will repair the prejudice, meaning that it will refund you the price paid for the Service in the month when the breach occurred. You acknowledge that the above warranties are your exclusive warranties and replace all other warranties or conditions, expressed or implied, including but not limited to warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
5.10. You declare that you will use the CM only for the purposes permitted by law and that you have all the necessary legal authorizations for data collection and processing as well as any necessary authorizations required by the legislation in force and that you are not insolvent, fiscally inactive or have any other fiscal problems.
5.11. You are directly responsible for the manner in which the CM will be used, and the Provider may not be held responsible for the manner in which it is used or for any damage caused to third parties through its use or applications, including the online payment processing tool.
6. AMENDMENTS to the Service and Prices
6.1. The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including to delete and/or to add new functionalities to the Service and/or to the Software.
6.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the www.couriermanager.com site or contacting you by email.
6.3. The Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. CANCELLATION AND TERMINATION
7.1. Termination of the Account grants that no future charges will be executed on your credit card, unless you have any unpaid amount in relation with the use of the Service. Additionally, if the Account will be terminated you will not be allowed any more to use the Service. Any information available on your Account and all the Content attached to your Account will be deleted when the Account will be terminated.
7.2. The Provider, in its sole discretion, has the right to suspend and/or terminate your account and refuse any and all current or future use of the Service, or any other Provider service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Provider reserves the right to refuse service to anyone for any reason at any time.
7.3. In the situation you breach any obligation stipulated under this Agreement and/or stipulated by the law (including you intend to fraud the Provider) the termination will be effective immediately without any prior notice. In any other situation, you will receive a 30 days’ prior notification by email before the termination of the Account. The termination will be effective when the 30 days’ term is met.
7.4. You are allowed to terminate your account anytime, by giving a 30 days’ written prior notification to the Provider. In this respect, if you want to terminate this Agreement you shall notify the Provider by email. The termination will be effective when the 30 days’ term is met.
8. COPYRIGHT AND CONTENT OWNERSHIP
8.1. Provider and/or his partners own all the intellectual Property Rights regarding the Software and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you.
8.2. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Provider and/or his partners. The Software, including the Software`s logos and trademarks, are proprietary to the Provider and/or his partners and protected by applicable laws and by international treaties provisions.
8.3. You shall respect the Provider and/or his partners Intellectual Property Rights, as stipulated under this Agreement and the applicable laws and you shall not: a) make any modification, adaptation, improvement, enhancement, translation and/or derivative work from the Software; b) decompile, disassemble, reverse engineer, or attempt to decompile, disassemble or reverse engineer, the Software.
8.4. The User and its affiliates may not transfer, rent, lease, lend, sell, copy, redistribute or sublicense the Software to third parties. Any attempt to do so is considered a substantial breach of this agreement.
8.4. If you upload to the Platform content that is subject to copyright law, you agree to grant to the Provider a non-exlcusive free licence, unlimited in time and space for all the royalties published on the Platform. By uploading the content you understant and agree that you grant this right to the Provider. Also, I warrant that you are the author and/or owner of the rights over the published content and that you have the right to publish it and you agree to waive al liability of the owner of the Provider regarding any complaints made by third parties regarding the content that you uploaded on the Platform.
9.1. The User undertakes to keep the confidentiality towards third parties and not to disclose in any form or by any means, in any way, by any method, either directly or indirectly, for its own benefit or for the benefit of another, materials, documents, data, information resulting from / afferent to / in relation to the following:
a) the content of these terms of service;
b) the concept and content of the Provider's development projects, including the CM;
c) the activity, the way of organization, the economic-financial situation, the production procedures, etc. of the parties;
d) the activity developed by the Provider in connection with the CM implementation and the maintenance of CM for the User;
e) contractual or other kind of relations of the Provider with third parties;
f) documents, transactions, data, business plans, work plans, projects, etc. which belong to the Provider and / or partners of the Provider.
9.2. The obligation undertaken by the User according to Art. 9.1. takes effect for the entire duration of this agreement as well as for a period of 3 years from the date of its termination for any reason.
9.3 The relatives, the spouse, the concubine, the friends, any other persons in the User's entourage are included in the category of third parties, in the sense of the obligation undertaken by them, according to art. 9.1.
10.1. The failure of the provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
10.2. Provider may assign its rights and obligations under this Agreement to any party for any reason whatsoever.
10.3. Any dispute arising under or in connection with this Agreement will be judged in accordance with Romanian laws. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts.
10.4. The Terms of Service constitutes the entire agreement between you and the provider and govern your use of the Service, superseding any prior agreements between you and the provider (including, but not limited to, any prior versions of the Terms of Service).
10.5. You can contact the Provider at the following email address: firstname.lastname@example.org
This document has been updated and is applicable since: 01.01.2017