Terms And Conditions
1. The contract1. SMART ASSIST 360 SOFTWARE SRL offers customers access to the SaaS application on the website www.smartassist360.com during the contract. The functional scope of the SaaS service results from the description of the applicable product.
2. SMART ASSIST 360 SOFTWARE SRL provides the use of the SaaS service by remote access to the SMART ASSIST 360 SOFTWARE SRL server via the Internet and transmits to the customer the necessary user IDs and passwords ("access data"). The customer's connection to the Internet and the maintenance of the network connection, as well as the purchase and supply of the necessary hardware by the customer is not part of the contract.
2. Rights of use1. SMART ASSIST 360 SOFTWARE SRL grants the customer, as well as the users created by him, the non-exclusive, temporary right to access the SaaS application through telecommunications and to use the functions under this contract through a browser during this contract. Any other rights, in particular on the SaaS service, software application or operating software, are not available to the customer.
2. The customer is not allowed to transfer the right granted to third parties or to offer third parties access to the SaaS application or the use of the software in any other way.
3. The customer undertakes to use the SaaS application and the software provided exclusively for his own purposes and to make it accessible to the users created.
4. For each case in which the customer guiltily allows the use of the SaaS service by third parties or by users who are not appointed by SMART ASSIST 360 SOFTWARE SRL, the customer must pay a contractual penalty due immediately in the amount of twelve times a month. of transfer. The assertion of damages remains reserved SMART ASSIST 360 SOFTWARE SRL. In this case, the contractual penalty will be compensated with the claim for damages.
3. Performance1. The technical implementation of the service is optional for SMART ASSIST 360 SOFTWARE SRL, provided that the implementation is carried out in accordance with the provisions of these conditions.
2. SMART ASSIST 360 SOFTWARE SRL has the right to make changes to the agreed services, if this is absolutely necessary due to the legal and / or regulatory framework conditions. SMART ASSIST 360 SOFTWARE SRL will inform the customer in a reasonable time about the changes.
3. Moreover, SMART ASSIST 360 SOFTWARE SRL may make changes to the agreed services, insofar as the value of the services for the customer does not change and, consequently, does not bear additional costs.
4. SMART ASSIST 360 SOFTWARE SRL has the right to update and develop the software. However, there is no customer claim.
5. SMART ASSIST 360 SOFTWARE SRL may appoint external agents to perform support services.
6. SMART ASSIST 360 SOFTWARE SRL may entrust the performance of the services or parts thereof to third parties.
4. Availability1. SMART ASSIST 360 SOFTWARE SRL allows the use of the software 24 hours a day, 7 days a week. This ensures an accessibility of the SaaS service of 98% as an annual average. This does not apply to periods when the server cannot be reached due to maintenance, upgrades or other technical issues that are not under the control of SMART ASSIST 360 SOFTWARE SRL (force majeure, third party failure, etc.).
2. Also, due to the technical modifications of the SMART ASSIST 360 SOFTWARE SRL systems, maintenance works, updates or modernizations necessary for a coherent operation, disturbances may occur.
3. Simultaneous unforeseen and uncontrollable access by the customer and other contractual partners of SMART ASSIST 360 SOFTWARE SRL, circumstances for which SMART ASSIST 360 SOFTWARE SRL is not responsible, may sometimes lead to delays, disruptions. and / or software access interruptions.
4. The downtime assigned to the cases referred to in points 5.2 and 5.3 shall be excluded from the minimum availability granted.
5. SMART ASSIST 360 SOFTWARE SRL is not responsible for the temporary failure of the server, data loss, correct functionality of individual programs or interruptions of transmission from the server to the client. SMART ASSIST 360 SOFTWARE SRL cannot be responsible for the interception of the data flow between the client and the server by third parties, even if the client uses supposedly secure encryption mechanisms. Attempts to break into third parties are announced immediately by SMART ASSIST 360 SOFTWARE SRL, as far as possible.
6. SMART ASSIST 360 SOFTWARE SRL has the right to interrupt the availability of the SaaS service for maintenance, updates or other technical requirements without being obliged to notify in advance. During maintenance, the SaaS application is unavailable or partially unavailable.
7. The customer is informed that SMART ASSIST 360 SOFTWARE SRL has no influence:
1. that data transmitted over the internet may be taken into account by third parties,
2. what transmission speeds are possible on the Internet,
3. what concrete routes do you take from SMART ASSIST 360 SOFTWARE SRL. And if the solutions, servers and routers operated by other vendors are always ready for operation.
8. SMART ASSIST 360 SOFTWARE SRL uses technically and economically significant possibilities to make the software as secure as possible. In particular, this includes protection against third-party access through encrypted transmission. However, the customer acknowledges that complete protection against harmful data is not possible.
9. SMART ASSIST 360 SOFTWARE SRL has the right to change the services that are provided free of charge at any time, in particular to cease. Therefore, the customer is not entitled to any request
10. In cases of force majeure, SMART ASSIST 360 SOFTWARE SRL is exempted from the obligation to provide services during the impact. Force majeure is any event beyond the control of that Contracting Party, as well as any unforeseen event by which that Contracting Partner is wholly or partially prevented from providing the Service. Force majeure includes, for example, war, strikes, riots, radical changes in the law, storms, floods and other natural disasters, as well as other circumstances for which SMART ASSIST 360 SOFTWARE SRL is not responsible, such as, in particular, floods and power outages or destruction of data transmission lines.
11. Cases of force majeure are in particular official measures and operating problems that are not caused by SMART ASSIST 360 SOFTWARE SRL customer
5. Obligations of the Client1. The customer provides SMART ASSIST 360 SOFTWARE SRL with all the information necessary to fulfill the order.
2. It undertakes to enter its data fully and correctly during registration, as well as that of users. If they are changed, the data must be updated immediately.
3. The customer must also create the technical conditions for SMART ASSIST 360 SOFTWARE SRL in order to provide the services according to the instructions.
4. The customer agrees
1. follow the appropriate instructions, in particular to protect passwords from third-party access,
2. use regularly updated anti-virus programs and check their data before transmission, using state-of-the-art antivirus software,
3. To notify SMART ASSIST 360 SOFTWARE SRL “bugs” immediately and to help with the analysis of defects and the elimination of defects, describing exactly the problems that appear
4. in case of suspicion that third parties have acquired knowledge of the access data, to change them immediately or to inform SMART ASSIST 360 SOFTWARE SRL and to initiate a change,
5. use the software properly.
5. The customer further undertakes to refrain from the following
1. To allow third parties to use access without the prior written consent of SMART ASSIST 360 SOFTWARE SRL, except for the customer's employees, to the extent necessary for the customer's use,
2. disrupt and / or cancel the function and / or integrity of software, technical equipment, programs and / or data from third parties and / or SMART ASSIST 360 SOFTWARE SRL against their will through access or breach of security ,
3. investigating the SaaS service for vulnerabilities or errors
4. Exploit vulnerabilities or errors to compromise accessibility or quality of SaaS service, gain access to non-public areas or other customer accounts, or access other unrelated data.
6. When using the SaaS application, the customer is obliged to comply with all applicable laws and other legal provisions, as well as the additional provisions provided by SMART ASSIST 360 SOFTWARE SRL or third parties. In particular, the publication or transmission of any information or data that infringes any law or public policy that infringes the intellectual property rights of third parties or other rights of third parties is prohibited. SMART ASSIST 360 SOFTWARE SRL has the right to block access to customer data, if they are illegal or there is a justified suspicion. This applies in particular if the courts or authorities order the blocking or make third parties believe that the information or data is illegal and the customer does not reliably reject it. To the extent that SMART ASSIST 360 SOFTWARE SRL cannot restrict or block illegal content, SMART ASSIST 360 SOFTWARE SRL may block the use of the SaaS application for that customer. 7. If the customer does not comply with the above obligations, the costs and / or expenses incurred by him may be charged to the customer if he is at fault.
6. Duration of the contract1. After activation, the customer has the opportunity to test the SaaS application for 7 days for free. In this testing phase, by clicking the "Buy Now" button, he can continue to use the SaaS application for a period of 30 days depending on the selected minimum term. If the customer does not want further use, the contract ends automatically after 30 days. The customer will be informed by e-mail no later than 5 days before the end.
2. Both Contracting Parties may terminate the contract with a notice period of 30 days, but not earlier than the end of the minimum period.
3. If the contract has a minimum duration of 6, 12 or 24 months and is not terminated in accordance with the above provisions, it shall be extended within the contracted period.
4. The customer can change a higher rate at any time. In addition, the customer can switch to a lower rate at any time, but at most once a year.
5. Once the tariff is changed, a new minimum contractual period begins. If you switch to a lower subscription, advance payments from the previous rate will not be refunded. When you switch to a higher rate, the amount paid in advance for the previous rate will be credited in proportion to the remaining duration.
6. The cessation of the good cause remains unaffected. An important reason exists in particular if the other contracting party breaches its contractual obligations even in spite of a written warning and / or a deadline. An important reason is given in particular if the client involves the payment of fees or substantial parts of them and does not pay the fee within a reasonable period of time, even after a reminder or if an insolvency claim is filed against the client's assets and / or such insolvency proceedings have been opened.
7. If the contractual relationship is concluded by SMART ASSIST 360 SOFTWARE SRL due to a breach of obligations by the customer, the customer undertakes to compensate SMART ASSIST 360 SOFTWARE SRL for the damage resulting from the extraordinary termination.
8. Terminations must be made in writing. The contract can also be terminated - without following the written form - through the customer account, as far as this possibility exists.
7. Remuneration1. For the services of SMART ASSIST 360 SOFTWARE SRL, the customer pays a subscription agreed in Euro at the NBR exchange rate from the date of invoicing. Subscriptions must be paid in advance.
2. Unless otherwise agreed, invoices shall be due within 7 days of the date of the invoice.
3. Invoices are sent to the electronic customer in his customer account. If the customer requests the sending of invoices by mail, SMART ASSIST 360 SOFTWARE SRL can request a fee for this.
4. Payments made by SMART ASSIST 360 SOFTWARE SRL are considered to be approved by the customer if they are not objected within 30 days from the invoice date, giving reasons. The objection must be in writing. In order to meet the deadline, the timely dispatch of the opposition is sufficient.
5. Fees and other costs associated with the payment of the fee shall be borne by the customer.
6. In the event of a legal reduction or increase in value added tax, SMART ASSIST 360 SOFTWARE SRL reduces or increases its contributions and taxes accordingly (constant net value) on the first day of the month following the entry into force of the amendment. A change in value added tax does not entitle to extraordinary termination.
7. The fee for the services commonly used by the customer in the context of business relations may be modified by SMART ASSIST 360 SOFTWARE SRL, at its reasonable discretion
8. Warranty1. SMART ASSIST 360 SOFTWARE SRL guarantees that the SaaS service and software comply with the accepted technological rules and that it does not contain errors that cancel or reduce the value or the fit for the normal or contractual use required. An insignificant reduction in usability remains to be considered.
2. The warranty is void for malfunction of the SaaS service or software due to improper use of the customer or improper environmental conditions by the customer. This includes, in particular, the use of unsupported versions of the web browser or operating systems.
3. In case of legal defects, the customer immediately informs SMART ASSIST 360 SOFTWARE SRL in writing about the claims of third parties and leaves SMART ASSIST 360 SOFTWARE SRL exclusive control over the defense and related actions, insofar as it is reasonable for the customer. The client gives SMART ASSIST 360 SOFTWARE SRL the support, information and power necessary to perform the named actions.
4. The Client undertakes not to acknowledge any claim regarding title defects without the prior written consent of SMART ASSIST 360 SOFTWARE SRL.
5. Rights under legally binding provisions remain unaffected by the above provisions.
9. Liability1. SMART ASSIST 360 SOFTWARE SRL shall not be liable for damages caused unintentionally by SMART ASSIST 360 SOFTWARE SRL or its distributors.
2. The customer is responsible for the regular backup of his data.
3. Moreover, the liability of SMART ASSIST 360 SOFTWARE SRL - regardless of legal reasons - is excluded.
4. Liability under the Law on Product Liability and other legally binding provisions remains unaffected by the above provisions
10. Compliance with legal regulations, property rights of third parties, exemption, blocking1. When entering and retrieving data and information, the customer agrees to comply with legal and official regulations, in particular data protection law, criminal law, copyright and / or other provisions on industrial property rights and does not infringe the rights of third parties. .
2. The client will support SMART ASSIST 360 SOFTWARE SRL in terms of its legal defense capacity.
3. This obligation also exists if the breach of the debt is committed by a user under the responsibility of the customer.
4. The presumption of infringement of SMART ASSIST 360 SOFTWARE SRL is based on the fact that the data and / or other information provided online by the customer or at the request of the customer SMART ASSIST 360 SOFTWARE SRL violates copyright, trademark rights and / or other rights industrial property of third parties, SMART ASSIST 360 SOFTWARE SRL may request the client to assume any compensatory amounts and costs of the corresponding legal defense, insofar as SMART ASSIST 360 SOFTWARE SRL is not guilty.
5. The above obligations do not exist if the customer is not liable for breach of the corresponding obligations.
6. If there is a sufficient suspicion of a breach of an essential contractual obligation (for example, a breach of clauses 6.4, 6.5, 7.6 and / or clause 11.1), SMART ASSIST 360 SOFTWARE SRL reserves the right to discontinue use of the Software in whole or in part. without prior notice to prove the legality of use by the customer.
7. The blocking authorization exists even if it is required for security reasons.
8. SMART ASSIST 360 SOFTWARE SRL has the right to block customer accounts with harmful content. The customer will be informed in advance of this, if possible.
9. In case of suspension, the client remains obliged to continue the agreed remuneration. This does not apply if the crash is due to a malfunction of SMART ASSIST 360 SOFTWARE SRL.
11. Confidentiality1. SMART ASSIST 360 SOFTWARE SRL and the customer agree to treat the employees and other vicarious agents as confidential for all information obtained or to be obtained during the contractual relationship and designated as confidential or, in circumstances, confidential. The fact that there is a business relationship between the contractors is not confidential information.
2. The obligation survives the termination of the contract.
3. The obligation of secrecy does not apply to such information which
1. the beneficiary of the information has obviously known or made available to the other Contracting Party before becoming aware of it;
2. the beneficiary of the information, as notified by the other Contracting Party, has been shown to be lawfully informed by third parties who are not subject to any obligation of secrecy;
3. as a result of publications or for any other reason have been or have been common knowledge of the professional world.
4. Without prejudice to the above provisions, each Contracting Party shall have the right to comply with its legal information obligations with regard to the information provided.
12. Data protection1. SC SMART ASSIST 360 SOFTWARE SRL and the client undertake to comply with the applicable data protection rules and to protect the secrecy of telecommunications.
2. The customer is responsible for obtaining the necessary agreement of his contractual partners. To the extent that the customer collects, processes or uses personal data himself or with the help of SMART ASSIST 360 SOFTWARE SRL, he undertakes to comply with data protection regulations and, in the event of a breach, exempts SMART ASSIST 360 SOFTWARE SRL from all claims of others.
3. In order to decide on the establishment, implementation or termination of the contractual relationship, SMART ASSIST 360 SOFTWARE SRL collects or uses probabilities, in the calculation of which, among others, the data flow (cookies) is addressed.
4. The customer remains solely responsible in accordance with data protection legislation for the data entered. SMART ASSIST 360 SOFTWARE SRL does not verify the correctness of the entered data. Such control is the sole responsibility of the customer.
5. The customer may request the deletion, blocking, correction and delivery of his data throughout the contract.
6. The customer is the body responsible for the protection of the persons concerned. Therefore, the affected rights must be exercised towards the customer. SMART ASSIST 360 SOFTWARE SRL will assist the client in fulfilling his duties, provided that the client requests in writing SMART ASSIST 360 SOFTWARE SRL and pays the assistance costs.
13. Support1. SMART ASSIST 360 SOFTWARE SRL offers customers free (standard) assistance during working hours by e-mail or ticket. Questions are usually answered on a business day.
2. The customer may request additional support services.
14. Applicable law, place of performance, jurisdiction, contractual languages1. For all legal relations between the Contracting Parties, the law of Romania shall apply.
2. The place of performance is the registered office of SMART ASSIST 360 SOFTWARE SRL.
3. The language of the contract is Romanian.
15. Reference customers1. SMART ASSIST 360 SOFTWARE SRL may call the third party customer as a "reference customer". SMART ASSIST 360 SOFTWARE SRL has the right to include the name and logo of the customer on its own websites, for reference purposes. The customer has the right to revoke this agreement at any time.
16. Final provisions1. Verbal collateral agreements do not exist.
2. If the individual provisions are ineffective, the validity of the remaining provisions shall not be affected.
3. Amendments and / or additions to the contract require the annex. This also applies to a change in the form requirements of the text.
4. Working days are every day from Monday to Friday.
5. The working hours are Monday-Friday, from 10:00 to 18:00. Exceptions are legal holidays.