Terms and Conditions of LOWPINGS DIGITAL SERVICES SRL
1. Introductory provisions:
1.1 This contract is concluded between:
SC „LOWPINGS DIGITAL SERVICES” SRL, with its registered office in Gaesti, Str. Acad. Serban Cioculescu, Nr. 8, Dambovita, registered with the Trade Register under no. J2025000010004, Tax Identification Code CUI: 51083906, Telephone: +40750441670, E-mail: info@lowpings.ro, hereinafter referred to as the PROVIDER,
and,
the legal entity or natural person that contracts, online, Hosting Services supplied by LOWPINGS, hereinafter referred to as the CLIENT.
1.2 By ticking the option „I have read and agree to these terms and conditions”, the CLIENT agrees to and undertakes to comply in full with the terms of this CONTRACT.
1.3 The CLIENT's acceptance of the terms and conditions of this contract constitutes the CLIENT's consent, validly given within the procedure for concluding the CONTRACT online.
1.4 Use of this website implies acceptance of: – the Terms and Conditions – the Acceptable Use Policy for the Services – the Privacy Policy – Data Protection
LOWPINGS reserves the right to amend these provisions without further notice. Regardless of any prior notifications, continued use of the services constitutes your agreement to these amendments. The information you provide must be accurate. By choosing to register, you undertake to provide us with your correct name, address and other useful information. Using false data or refusing to update it may lead to the invalidation of the contract or to our inability to contact you.
By accessing the account and using the personal password, you are responsible for all actions that result from their use. LOWPINGS cannot be held responsible for errors arising from the user's negligence regarding the security and confidentiality of their account and password.
2. Definitions:
Uptime – the period during which a service was delivered, expressed as a percentage and related to the length of a calendar month. A service supplied without interruption for 1 month has an uptime of 100%;
Day, Days – for the purposes of this contract, the terms day and days refer to calendar days;
Acceptable Use Policy for the Services – a document that forms an integral part of this contract and sets out the CLIENT's obligations regarding the use of the Hosting Services. The online version can be viewed at https://www.lowpings.ro
Hosting Services – the services that form the subject matter of this contract and are detailed in Art. 4.
Through the Order registered by the CLIENT, the CLIENT will be able to choose one or all of the services offered by LOWPINGS DIGITAL SERVICES SRL.
Order – the operation carried out online through which the CLIENT requests Hosting Services by completing the Form and accepting the contractual terms. For the purposes of this contract, changes made by the CLIENT regarding the contractual period or the services supplied will be considered new Orders;
Form – the order form available at https://www.lowpings.ro in which the CLIENT enters their personal data as well as their preferences regarding the chosen Hosting Services, the payment methods and the contractual term;
Initial Period – the contractual period of 1 month, 3 months, 6 months or 1 year, calculated from the date on which LOWPINGS DIGITAL SERVICES SRL begins supplying the services contracted by the CLIENT, as specified in the CLIENT's Order.
3. Non-exclusive contractual relationship:
3.1 This contract does not establish an exclusive commercial relationship between LOWPINGS DIGITAL SERVICES SRL and the CLIENT.
4. Subject matter of the Contract:
4.1 The subject matter of the contract is the provision of Hosting Services by LOWPINGS DIGITAL SERVICES SRL to the CLIENT, as set out in the Order accepted by LOWPINGS.
4.2 The Hosting Services include:
4.2.1 – registration, transfer or renewal of domain names;
4.2.2 – web hosting;
4.2.3 – email and electronic collaboration services;
4.2.4 – rental of dedicated or virtual servers;
4.2.5 – server management;
4.2.6 – installation and management of software applications;
4.2.7 – IT consulting.
4.3 – For a precise understanding of all Hosting Services, the CLIENT is advised to consult the service offer valid on the date the contract is concluded, available at https://www.lowpings.ro
4.4 When registering domain names, the CLIENT undertakes to comply with the specific conditions imposed by the registries, as follows:
4.4.1 – The .eu domain registration policy
4.4.2 – The .ro domain registration rules: starting 1 March 2018, ROTLD introduced an annual fee for domains ( Info Here ). Until 1 March 2018, .ro domains were registered in the name of the company providing the domain registration service and not in the client's name, as a form of „Rental” under the former terms and conditions imposed by ROTLD, so the client only had the right to use the registered domain. Transferring the domain into the client's name has only been possible since 1 March 2018, following the changes made by ROTLD; only from 1 March 2018 onwards, clients who wish to transfer their domains into their own name must pay the transfer-of-right-of-use fee under the rules imposed by ROTLD, a fee that is paid to LOWPINGS DIGITAL SERVICES SRL. Info Here
4.4.3 – The registration contract for .ro domains
4.5 The registration rules set out in the documents referred to in Art. 4, paragraph 4 form an integral part of this contract.
5. Term of the contract. Contract amendments:
5.1 This contract is concluded for the Initial Period chosen by the CLIENT when completing the Form. The length of the chosen Initial Period will coincide with the payment scheme, meaning that opting for a contractual term of 6 months, for example, is equivalent to a payment commitment for the entire 6-month period;
5.2 At the end of the Initial Period, the contract is automatically extended, under the same conditions, for periods of time equal to the Initial Period (referred to as „Extension Periods”), unless one of the parties notifies its intention to terminate this contract at least 7 (seven) working days before the expiry date of the Initial Period or of any Extension Period;
5.3 The intention to terminate the contract is notified in writing by the CLIENT through a formal request (support ticket) submitted via the client portal at https://www.lowpings.ro
5.4 If the CLIENT wishes to benefit from other Hosting Services or to change the chosen Initial Period, the CLIENT will place a new Order at least 7 working days before the expiry date of the Initial Period, or at least 7 working days before the expiry date of the Extension Period if the change occurs during the automatic extension of this contract;
6. Initial order. First payment. Recurring payments:
6.1 Internet Services are ordered exclusively online, at https://www.lowpings.ro
6.2 The CLIENT is solely responsible for the accuracy of the information entered in the Form. LOWPINGS is not liable for any inconvenience caused by the CLIENT providing incomplete, incorrect or untrue data;
6.3 LOWPINGS DIGITAL SERVICES SRL reserves the right to verify any Order received;
6.4 LOWPINGS DIGITAL SERVICES SRL reserves the right to refuse any Order which, in the opinion of LOWPINGS DIGITAL SERVICES SRL, contains false or erroneous information that may constitute an attempt at fraud; such information includes, but is not limited to:
6.4.1 – non-existent addresses;
6.4.2 – non-existent telephone numbers;
6.4.3 – orders placed through anonymous proxies;
6.4.4 – orders placed from computers with IP addresses other than those of the CLIENT's country of residence;
6.4.5 – invalid/incomplete identification data.
6.5 After placing the Order and paying for the Hosting Services, the CLIENT will receive an e-mail with the login details for the client portal, which is accessible individually, by authentication, at https://www.lowpings.ro
6.6 On the date the CLIENT submits each Order, a Proforma Invoice for the Hosting Services will be issued automatically to the CLIENT for the entire chosen Initial Period;
6.7 The CLIENT agrees to pay for the ordered Hosting Services in advance of the period in which they are supplied. After the CLIENT has paid for the Hosting Services, the tax invoice will be sent to the CLIENT in electronic format (PDF), to the e-mail address provided when completing the Form, or made available in the client account under the Invoices section. On request, the invoice will also be sent to the CLIENT in paper form;
6.8 If the CLIENT does not notify its intention to terminate or amend the contract under the conditions set out in Chapter 5, LOWPINGS DIGITAL SERVICES SRL will automatically issue a proforma invoice for the supply of the Hosting Services during the Extension Period;
6.9 Failure to pay for the Hosting Services for the Extension Periods by the expiry date of the Initial Period at the latest entitles LOWPINGS DIGITAL SERVICES SRL to suspend the supply of the Hosting Services without any notice and without paying any compensation;
6.10 All financial documents can be found in the CLIENT's account, which the CLIENT can consult by logging in at https://www.lowpings.ro
7. Payment methods:
7.1 Payments can be made using one of the following methods: cash payment/bank transfer, payment through the external processor PayPal, online card payment, payment by Paysafecard, ZebraPay and payment by SMS;
7.2 The CLIENT has the right to change the payment method for the Hosting Services by choosing any of the options set out in Art. 7, paragraph 1.
8. Delivery conditions and terms:
8.1 The supply of the Hosting Services begins within a maximum of 48 hours from the moment the payment is confirmed, except where a different term is explicitly defined;
8.2 The Client is obliged to send LOWPINGS DIGITAL SERVICES SRL proof of the payments made; otherwise, the contracted Hosting Services will be supplied on the date the payments are registered;
8.3 With the CLIENT's consent, or for reasons not attributable to LOWPINGS, the delivery terms of the services may be postponed.
9. Operating guarantees:
9.1 LOWPINGS is responsible for the proper functioning of the services and products it offers. Responsibility for the content, the administration of the content and the security of the content lies exclusively with the clients.
9.2 Refunds are subject to certain restrictions. For payments made by SMS and Paysafecard, the refund is made only to the client account, and the amounts can be used to pay for future services or orders. The processors of these payment methods do not offer a Refund service. For all other payment methods, the refund can also be paid out.
9.2.1 Amounts deposited into the client account (account top-ups) are non-refundable, as also stated in these T&C and on the add funds/top-up page. „* All Deposits made, regardless of the payment method, are non-refundable ! „
9.3 For domains, VoIP, software licences, VPS/VDS servers and dedicated servers, no refund will be processed, since these services involve activation efforts and costs.
9.3.1 If you purchase a web hosting package that includes a free Domain or free Software, the refund will be made only for the hosting package, after deducting the amount corresponding to the domain and the software where these were offered free of charge, since the terms of the offer, which specify a minimum contractual period, are being breached.
9.4 .ro domains are reserved „for life” or rented annually, according to ROTLD regulations. If these regulations change so as to impose an annual fee, LOWPINGS reserves the right to change the procedure for reserving or continuing to use these domains.
9.5 International domains are reserved for a minimum period of 12 months, and the client is the sole holder of the right of use.
9.6 For annual domains, both .ro and international, if the client's renewal payment is not made within the communicated term and the domain expires, the domain passes into the ownership of LOWPINGS, which has the right to put it up for auction or to allocate it to another client who pays for the renewal.
9.6.1 LOWPINGS will send the following notifications regarding the expiry of a domain:
* The first notification will be sent 30 days before the domain expiry date
* The second notification will be sent 20 days before the domain expiry date
* The third notification will be sent 15 days before the domain expiry date
* The fourth notification will be sent 7 days before the domain expiry date – 7 (seven) days in advance, LOWPINGS.RO automatically sends the domain renewal invoice
* The fifth notification will be sent 2 days before the domain expiry date
The client can access the client area at any time and generate the domain renewal invoice, or notify LOWPINGS.RO through a support ticket that they want the domain renewal invoice.
7 (seven) days before the domain expiry date, LOWPINGS.RO automatically sends the domain renewal invoice.
Exceeding the first domain renewal notification by 30 (thirty) days, or the invoice due date by 7 (seven) days, leads to the expiry of the domain (the domain enters a grace period of 30 (thirty) days) and to the application of the quarantine/grace fee of 50 EUR.
Exceeding the domain expiry date by 60 (sixty) to 90 (ninety) days (depending on the registry) leads to the Redemption Period and to the application of the redemption fee of 50 (fifty) EUR up to 350 (three hundred and fifty) EUR, depending on the Registry.
Exceeding 90 (ninety) days leads to the irreversible deletion of the web (Internet) domain, or the rules of each web (Internet) domain Registry will apply.
9.7 LOWPINGS reserves the right to change the prices and the contents of the service packages offered, according to market requirements and the chosen marketing strategy. Services already paid for will be maintained, as far as possible, until the end of the contractual period, or will be replaced with other services with similar features.
10. Obligations and rights of LOWPINGS DIGITAL SERVICES SRL:
10.1 LOWPINGS DIGITAL SERVICES SRL undertakes to provide the Hosting Services in accordance with the specifications set out in the Order;
10.2 LOWPINGS DIGITAL SERVICES SRL undertakes to supply the Hosting Services with an uptime of 99.9%;
10.3 LOWPINGS DIGITAL SERVICES SRL undertakes to ensure the confidentiality of the CLIENT's data in accordance with Law 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as also set out in the Privacy Policy, a document that forms an integral part of this contract and is also available at https://www.lowpings.ro
10.4 LOWPINGS DIGITAL SERVICES SRL undertakes to remedy technical problems that prevent the normal operation of the Hosting Services and that fall within the responsibilities of LOWPINGS DIGITAL SERVICES SRL. Technical support will be provided under the terms of this clause exclusively to the CLIENT or its employees; LOWPINGS DIGITAL SERVICES SRL assumes no liability where the CLIENT contracts services from LOWPINGS DIGITAL SERVICES SRL through a subcontractor (reseller);
10.5 LOWPINGS DIGITAL SERVICES SRL reserves the right to temporarily or permanently block access to its own services and resources for IP addresses on which suspicious activity is detected. This includes, but is not limited to:
10.5.1 – IP addresses with multiple failed authentication attempts (brute force attack);
10.5.2 – IP addresses with multiple attempts to force websites (XSS injection attempts);
10.5.3 – IP addresses from which e-mail messages are sent simultaneously to more than 10 (ten) recipients;
10.5.4 – IP addresses flagged as active in the most common RBL lists, such as: bl.spamcop.net, rbl.spamhaus.org, rbl.abuse.ro.
10.6 LOWPINGS DIGITAL SERVICES SRL reserves the right to suspend all services supplied to the CLIENT, without notice and without paying any compensation, in the following cases:
10.6.1 – the CLIENT uses the supplied services in breach of the corresponding provisions of the Acceptable Use Policy for the Services;
10.6.2 – the CLIENT refuses to cooperate in any investigation or in clarifying any suspected breach of the Acceptable Use Policy for the Services;
10.6.3 – LOWPINGS DIGITAL SERVICES SRL has reliable information that suspending the services is necessary in order to protect the network and the other clients;
10.6.4 – on the basis of a final court decision to that effect;
10.6.5 – the CLIENT exceeds the contracted technical limits: hosting space, monthly traffic, etc.;
10.6.6 – the CLIENT fails to pay for any of the Hosting Services contracted from LOWPINGS DIGITAL SERVICES SRL for more than 7 (seven) calendar days after the due date of the payment notice;
10.7 All contact and identification data of CLIENTS will be kept confidential. We undertake to keep this information in secure conditions;
10.8 LOWPINGS DIGITAL SERVICES SRL reserves the right to disclose the data of clients who do not honour their orders, commit abuses or carry out activities that do not comply with the applicable legislation, etc.;
10.9 LOWPINGS DIGITAL SERVICES SRL is obliged to keep the access data of existing clients in secure conditions and to provide this data only to the persons designated at registration;
10.10 Placing orders, registering or changing the main contact data in a manner that does not reflect reality (First and Last Name, Company Name, Personal Identification Number (CNP), Tax ID (CUI), Trade Register No., City, County, Country) constitutes a false statement and may be interpreted as an attempt at fraud;
10.11 LOWPINGS DIGITAL SERVICES SRL reserves the right to ask clients for copies of their identity documents in order to verify that they match the data in the order form;
10.12 If the requested identity documents are not provided, LOWPINGS DIGITAL SERVICES SRL reserves the right to immediately suspend all services of the account referred to in paragraph 10.11;
10.13 LOWPINGS DIGITAL SERVICES SRL will not refund payments made from accounts covered by paragraph 10.10 if it is proven that the order form was completed with false information.
10.14 LOWPINGS DIGITAL SERVICES SRL reserves the right to hand over to the competent authorities all IP identification data for orders that do not match the real identification data;
10.15 LOWPINGS DIGITAL SERVICES SRL reserves the right to withdraw, or to require the client to pay, certain amounts that have been withdrawn or not settled by banks, processing systems, card or premium-rate SMS, where the payment provider withdraws these payments or requires us to pay them for non-performance or non-settlement.
10.16 CLIENTS who are under 14 years of age on the date the account is created may only operate with an account in the name of one of their parents or legal guardian. Accounts of persons under 14 will be closed immediately and the services suspended until the legal status of the account is clarified. By this provision we understand the transfer of legal liability for the actions of minors to their legal representatives.
10.16.1 AGE RESTRICTIONS. You warrant and confirm that you are over 14 years of age and that you agree to this document. If you are not at least 14 years old, you are not entitled to use our services and must discontinue any service of our company. Teenagers aged between 14 and 18 must have their parents' permission to use this website. You agree not to circumvent the security and/or access systems that have been installed on the website. We assume no responsibility or liability for any misrepresentation regarding the age of users.
10.17 LOWPINGS DIGITAL SERVICES SRL reserves the right to refuse to work with clients.
10.17.1 If, through public media, one or more clients denigrate the company's image or insult its employees or partners, LOWPINGS DIGITAL SERVICES SRL reserves the right to suspend/terminate that client's activity without prior notice.
10.17.2 In the case of verbal or written abuse, or abuse published in any other manner, which is unfounded and knowingly made public or used for the sole purpose of damaging the reputation of, or creating a negative image of, the persons mentioned above, court proceedings will also be initiated against the client who makes such unfounded insults or causes such moral or material damage.
10.17.3 Where the persons at fault benefit from promotions involving free offers (e.g. free domains, hosting space, SSL certificates, software licences), which are provided for use but remain the property of the company, the client will irrevocably lose these rights.
10.17.4 If the client wishes to recover them or take possession of them, the client will pay the corresponding remuneration; moreover, following a court decision, and not only, additional financial/material charges may be imposed by way of compensation.
11. Obligations and rights of the CLIENT:
11.1 The CLIENT undertakes to comply with the provisions of this contract, as well as those of the Acceptable Use Policy for the Services;
11.2 The CLIENT undertakes to pay for the Hosting Services under the terms and conditions set out in this contract;
11.3 The CLIENT undertakes to keep its contact data constantly updated in its account, available in the client portal;
11.4 The CLIENT is not permitted to place orders through proxies or other methods of concealing its identity. Accounts created in this way will be deleted immediately, and the users identified by specific methods.
11.5 The CLIENT has the right to monitor and measure the quality of the services of LOWPINGS DIGITAL SERVICES SRL using external services, such as http://www.watchmouse.com, http://monitor.us/ or http://www.siteuptime.com/ ;
11.6 The CLIENT has the right to report to LOWPINGS DIGITAL SERVICES SRL any technical problem likely to prevent the supply of the Hosting Services under the contracted conditions, by sending a written notification (support ticket);
11.7 If the CLIENT contracts the supply of Hosting Services with third parties as a subcontractor (reseller), the CLIENT will be liable for any non-compliance of its own clients with the terms and conditions imposed by this contract.
12. Rules regarding pornography:
12.1 LOWPINGS does not permit and does not sell adult websites without a licence and without strict compliance with the applicable legislation on pornography and on restricting minors' access to such content. Failure to comply with this article will immediately lead to the suspension of the services, without formal notice of default, and to the blocking of the account and of the payments made. These rules apply both to informational content and to direct exposure.
13. Illegal actions:
13.1 LOWPINGS DIGITAL SERVICES SRL reserves the right to suspend the services of clients who abuse the allocated resources or carry out unauthorised interventions that contravene the applicable legislation. Websites, e-mails or files containing viruses or other insertions that may endanger the proper functioning of the services of other clients will be deleted immediately, without any obligation of prior or subsequent notification.
13.2 We do not accept the use of illegal materials and information on our servers.
13.3 Illegal actions, system scans, phishing, spam or other actions likely to affect other users or providers will be recorded immediately, the services will be suspended, and the owners will be reported to the Romanian Anti-Fraud Office and to the Police.
14. ANTI-SPAM rules:
14.1 LOWPINGS DIGITAL SERVICES SRL does not permit sending more than 500 e-mails per day, precisely in order to prevent possible SPAM actions. We reserve the right to suspend or even close accounts that use this method of promotion.
14.2 Scripts that send newsletters or notifications to users must comply with the anti-spam requirements in force, namely, they must send small groups of e-mails at reasonable intervals. DO NOT use unverified scripts for e-mail. They can only bring you trouble.
15. Back-up policy:
15.1 LOWPINGS assumes no liability for the deletion or modification of files hosted on its own infrastructure. The client alone is in a position to ensure the integrity of the data hosted on LOWPINGS servers by using their own back-up methods;
15.2 LOWPINGS uses internal back-up procedures that make it possible to restore files, databases and e-mail accounts on the servers intended for hosting shared hosting accounts, and, in the case of VPS servers, the entire contents of the container on the physical node that hosts it. Back-up copies are made daily (every night between 00:00 and 08:00 AM), and these backups are used strictly by LOWPINGS in the event of failures of its own servers. These backups cannot be restored at the client's request if the client invokes reasons other than failures of LOWPINGS equipment.
15.3 LOWPINGS reserves the right to exclude those client accounts (shared hosting or VPS hosting accounts) which, due to their size, generate a very high load on the LOWPINGS back-up infrastructure, a load caused by the large volume of data hosted on a client's account;
15.4 LOWPINGS does not provide back-up for dedicated servers, colocated servers, game servers, VMware servers and VDS, although it is possible to offer backup storage support for a fee to clients who implement their own backup solutions on dedicated or colocated servers. In the case of the TeamSpeak3 voice service, we give the client the possibility to make their own back-ups through the „Snapshot” function;
16. Flood attacks:
16.1 This policy applies to all services. Any Dos/DDoS (Denial of Service/Distributed Denial of Service) flood attack directed at your services will automatically and immediately, without any prior notice, result in the permanent shutdown of the attacked service. You will be notified afterwards of the reason why we deactivated the service. The purpose of this policy is to protect LOWPINGS clients who are affected when a third party launches a flood attack against the services of another LOWPINGS client. If the attack directed at a service affects only that client, without producing effects on other clients, we reserve the right not to apply the above policy; however, if other clients are also affected by a possible attack, there are no exceptions to the application of this rule, regardless of the nature of the service hosted at LOWPINGS.
If the services are deactivated, we will, as far as we can, but without offering any guarantee in this respect, assist you in recovering the data saved on our servers, where this data was not previously saved through backup procedures, which are the client's responsibility. Public access to the service in question will no longer be possible after its deactivation.
17. Penalties:
17.1 In the event of a breach of the obligations set out in Art. 10.2, LOWPINGS DIGITAL SERVICES SRL accepts and undertakes to grant a discount of 2% (two percent) of the monthly value of the Hosting Services for each day on which they fall below the agreed limits;
17.2 LOWPINGS DIGITAL SERVICES SRL is released from the payment of any penalties or damages where the Hosting Services fall below the contracted limits as a result of their suspension (Art. 6.9, Art. 10.6), of the cessation of the supply of the Hosting Services (Art. 8.3, Art. 10.5, Art. 18.3) or through the fault of the CLIENT;
17.3 Periods of suspension or cessation of the supply of the Hosting Services in the cases set out in Art. 17.2 will not create any obligation on the part of LOWPINGS DIGITAL SERVICES SRL to refund the payments relating to the periods in question;
17.4 The penalties provided for in Art. 17.1 will be paid to the CLIENT within a maximum of 45 (forty-five) calendar days from the date on which both parties establish the non-conformity of the Hosting Services;
17.5 In the event of suspension of the Hosting Services supplied to the CLIENT as a result of non-payment of debts (Art. 10, paragraph 6, point 6), LOWPINGS DIGITAL SERVICES SRL reserves the right to charge a reconnection fee of 50% (fifty percent) of the outstanding amounts; if the payment term is exceeded by 28 days, the reconnection fee will be calculated at 100% of the outstanding amounts.
17.6 LOWPINGS DIGITAL SERVICES SRL reserves the right to suspend the services on the due date or expiry date without prior notice. The issuing of the invoice 14 days before expiry constitutes the expiry notification.
18. Limited liability
18.1 We cannot be held responsible for damage caused by the temporary unavailability of our servers, whatever the reason for it. This provision also includes damage resulting from the corruption or loss of data. The client agrees to indemnify and hold us harmless in respect of any claims and damages, including but not limited to damage caused to third parties, resulting as a consequence of the use of the services that causes damage to our client. The user declares that they understand and accept that, in any situation in which the user claims damages of any kind from the Provider, the total amount of the damages claimed by the user for any reason, and which could be paid by LOWPINGS DIGITAL SERVICES SRL, may in no way and under no circumstances exceed the total amount of the fees (charges) paid by the user to LOWPINGS DIGITAL SERVICES SRL.
18.2 LOWPINGS DIGITAL SERVICES SRL cannot be held responsible for the integrity and security of data under the client's administration.
18.3 LOWPINGS DIGITAL SERVICES SRL will not be liable for any damage caused by the Beneficiary through the use of the Service, to the detriment of the Beneficiary or of other third parties. The Beneficiary will cover in full any direct or indirect costs of LOWPINGS DIGITAL SERVICES SRL arising from the Beneficiary's involvement in illegal activities (intentionally or accidentally, even where the Beneficiary is the target of cyber attacks).
18.4. LOWPINGS DIGITAL SERVICES SRL is not liable for indirect damage. LOWPINGS DIGITAL SERVICES SRL is not liable, without limitation, for:
18.4.1 – losses resulting from delays or interruptions of Internet access;
18.4.2 – losses resulting from the total or partial non-transmission of data;
18.4.3 – losses resulting from errors, omissions or incorrect statements about any or all of the Services supplied under this agreement;
18.4.4 Losses resulting from development operations or interruption of the Client's website or e-mail service. We disclaim any liability of any kind, express or implied. We do not guarantee that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure or error-free; nor do we guarantee the results that may be obtained from the use of our Service(s), or the accuracy and correctness of the information obtained via e-mail, or that defects in the software Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained via e-mail is obtained at your own risk, and that you will be entirely responsible for any damage caused to your computer or for any loss of data resulting from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or through other transactions made through the e-mail service. No advice or information, whether written or verbal, obtained from LOWPINGS DIGITAL SERVICES SRL staff through the e-mail service or through support tickets in the Client Area will create any warranty not expressly stated in this document.
19. Force Majeure:
19.1 Force majeure releases from liability the party invoking it, provided that the other party is informed within 5 (five) calendar days from the date on which such an event occurred and made the performance of its obligations impossible;
19.2 Within 15 (fifteen) days from the date of announcing the occurrence of the force majeure event, the party invoking it must provide evidence regarding the dates of occurrence and cessation of the force majeure event. The term of the contract is extended by the period during which a force majeure event occurs and makes the performance of the obligations by the signatory parties impossible. If a force majeure event lasts for more than 60 (sixty) days, the parties hereby agree to renegotiate its terms or to terminate the contract;
19.3 A force majeure event will consist of, including but not limited to, the following examples, provided that these examples were not caused or facilitated by the negligence of either party:
19.3.1 – cyber attacks likely to limit the supply of the Hosting Services;
19.3.2 – interruptions in the supply of the Hosting Services caused by service providers;
19.3.3 – fires;
19.3.4 – prolonged interruptions in the electricity supply;
19.3.5 – natural disasters;
19.3.6 – changes in legislation and regulations;
19.3.7 – social unrest;
19.3.8 – acts of terrorism;
19.3.9 – state of war.
20. Termination of the contract:
20.1 – This contract terminates:
20.1.1 If either party becomes insolvent or bankruptcy proceedings have been initiated against it;
20.1.2 On the expiry date of the Initial Period, if one of the parties has notified its intention to terminate the contract;
20.1.3 On the expiry date of the Initial Period, if the CLIENT places a new Order.
20.2 This CONTRACT may be terminated by the CLIENT if LOWPINGS DIGITAL SERVICES SRL does not supply the Hosting Services at the contracted parameters and does not remedy the problems within a maximum of 15 (fifteen) working days from receipt of the CLIENT's written notification, which describes the fault in detail;
20.3 This CONTRACT may be terminated by LOWPINGS:
20.3.1 If the CLIENT breaches any of the contractual terms and refuses to remedy the problems within 5 (five) working days from the sending of a written notification by LOWPINGS DIGITAL SERVICES SRL, which describes the nature of the breach of the contractual terms;
20.3.2 – after 1 (one) working day, if LOWPINGS DIGITAL SERVICES SRL receives a second report regarding a breach of the terms of the Acceptable Use Policy for the Services.
21. Final provisions:
21.1 – Each of the provisions of this contract is independent; consequently, if any such provision is or becomes null or unenforceable in any respect under the law, this will not affect the validity or enforceability of the other provisions of the contract, and the parties will make all reasonable efforts to negotiate in good faith in order to replace it with one or more provisions satisfactory to any competent authority in the matter, but which differ as little as possible from the replaced provision;
21.2 – Disputes arising from or in connection with this contract, including those relating to its validity, interpretation, performance or termination, will be settled amicably;
21.3 – If the parties do not reach an amicable settlement, disputes will be submitted for resolution to the courts having jurisdiction over the registered office of LOWPINGS DIGITAL SERVICES SRL.
22 – Maintenance and Administration of the services purchased from the LOWPINGS.RO website are carried out solely by the client. LOWPINGS DIGITAL SERVICES SRL has no duty or obligation to provide maintenance and administration, unless this term is specified in the contract.
23 – LOWPINGS DIGITAL SERVICES SRL reserves the right to select its clientele and to cease the collaboration without notifying the client in advance in the following cases:
23.1 – The client expresses themselves verbally or in writing using inappropriate vocabulary, such as swearing, insults… etc.)
23.2 – The client misleads potential clients through means of communication or social networks using false evidence.
Any compensation may not exceed the amount collected by LOWPINGS from the beneficiary of the service for one calendar month of services provided.