Article 1 Definitons
“Contract” – the present agreement of the parties, which can be concluded exclusively in Romanian.
“Acceptance of the offer” – completion by the Beneficiary of the process of creating an account on Playsolutions.ro.
“Order Form” – an electronic document that acts as a form of communication between the Supplier and the Beneficiary, whereby at the request of the Beneficiary, the Supplier agrees to provide the Requested Services and the Beneficiary agrees to receive these Services and to pay them, indifferent whether it has opted for a tariff plan or has requested the Supplier to provide custom software development services. In the case of free services, the other is deemed complete and will take effect once the offer has arrived at Play Solutions, and in the case of counter-cost services, the order is considered completed and accepted by the Provider when the parties have agreed services, specifications, and pricing, and will only produce legal effects from the date on which Play Solutions has actually earned the equivalent value of the services.
“Services” – a set of predefined ativities provided by the Provider at the request and in the Beneficiary’s interest;
“Order Attachment / Attachments” – Any order subsequent to the order is an integral part of this contract;
“Hosting” – is a service that allows individuals or businesses to store electronic or non-public data and maintain their own domains or subdomains or domain subdomains such as “domain.play-solutions.ro” by providing Play Solutions with the necessary space on their own servers;
“Disturbance / malfunction” – a technical irregularity that affects the functionality of the Services;
“Planned interruption” – represents routine maintenance or upgrading works that may affect the availability of the Service.
“Notification” – a written announcement sent by electronic mail or displayed on any other electronic medium regarding any planned interruption that will affect the availability of the services. Play Solutions will make reasonable efforts to provide the Beneficiary with at least 1 business day notice.
“Party” – means any of the parties to the contract, namely the Beneficiary or Play Solutions;
“Tariff plan” – the cost structure representing the payment of a standard service package chosen, including a certain set of functional options chosen, as found on https://play-solutions.com/preferences page and which can be updated without prior notice. Any change in the price of the contract will be communicated separately and individually to the Beneficiary, if appropiate. The tariff plan for the contract is found in the Attachments of the order.
“Custom Software Development Services” – counter-cost services, separated from the standard contra-cost packages, consisting of web and / or software development, which the Provider may provide at the request and for the benefit of the Beneficiary, based on the specifications provided by to the Beneficiary. The specifications on which the Supplier will provide custom software development services will be indicated in the Attachments to the Order Form. The Order is deemed to be completed and accepted by the Provider when the parties have agreed on the services, specification and price and will only produce legal effects from the date of actual receipt of the software development services equivalent to Play Solutions.
"Support" - the Play Solutions technical support center, available from Monday to Friday, from 10am to 5pm (GMT + 2), by phone at email@example.com or via the contact form located at https://play-solutions.ro/contact/.
"Usual Use" - the use of the services, according to the chosen tariff plans, exclusively for the purpose for which they were provided by the Provider, within the limits of the capabilities and options available within the system, in accordance with the Terms and conditions of use and subject to the provisions of this Agreement.
"Terms and Conditions of Use" - rules of conduct and use of services by the Beneficiary, available in the version updated periodically on https://play-solutions.ro, at https://play-solutions.ro/terms-and-conditions and which may be updated, modified in any way, without prior notice.
"Application" - means an application or component of a software interface that allows you to perform a particular function or access a service.
Article 2 Object of the contract
2.1 The subject of the Agreement is the provision by Play Solutions in the Beneficiary's interest of the following services, in accordance with the terms and conditions of this Agreement:
2.1.1 Providing the Beneficiary with a set of functional options for creating online stores according to the Tariff Plan’s selected by the Beneficiary, whose specifications are indicated in the Pricing section, available and valid on the date completing the command form at: https://play-solutions.ro/.
2.1.2 Hosting the online store / stores on Play Solutions servers for access by third parties.
2.1.3 Delivery of custom software development services at the request and for the benefit of the Beneficiary and applied to the online stores created by the Beneficiary through the standard functional options available on Play Solutions and indicated by Beneficiary.
2.2 This Agreement completely replaces any other agreement / agreement previously concluded between the Supplier and the Beneficiary for the Services of the type mentioned in the subject of this contract under Art. 2.1, but does not cancel the outstanding payment obligations and the penalties for the previously rendered services, nor is it a waiver of debts.
Article 3 Duration of the contract
3.1 This Agreement takes effect
a) in the case of Free Services - from the moment when the acceptance of the offer reached Play Solutions,
b) in the case of the Counter-Cost Services, according to the tariff plans - from the moment the acceptance of the offer including the actual payment of the tariff services chosen has arrived at Play Solutions.
3.2 This Agreement ends for an indefinite period and expires if the Beneficiary sends a written request for final suspension of Play Solutions services. The contract rescission term is 15 days from receipt of the request from the Beneficiary. Amounts paid in advance are not refunded.
3.3 The provision of the counter-cost services accessed through the purchase of a tariff plan will be terminated with the expiration of the period of the plan’s of services ordered / chosen by the Beneficiary and mentioned in the Attachments to the Order.
3.4 If, upon expiration of the duration of the tariff plan ordered, the Beneficiary does not opt for a new order for the continued use of the package (s) specified in the Annexes to the order and elected by this Contract or for the change to the latter with another package of counter-cost services, through the appropriate selection made on the https://playsolutions.ro site, in the https://playsolutions.ro/preferences section, then the Beneficiary will be automatically assigned a free tariff plan that provides access to a limited range of functional options until a new selection is made.
Article 4 Location of the activiti
4.1 The activities stipulated in this contract will be carried out at the premises or work points of the SUPPLIER.
Article 5 Value of the contract
5.1 Prices of the Service are exclusively those provided in the annexes to the accepted order and used by the Beneficiary by placing the order. Service Pricing provided in the Order Forms Appendix and on the https://play-solutions.co.uk/preferences page, respectively in the Order Forms Attachments for Custom Software Development Services, do not include VAT. Payment is considered succesful when the correct amount of money, exempt / free of any bank charges, commissions or any other charges / charges, has been received in the Supplier's account.
Article 6 Terms and payment arrangements
6.1 After the order sent for the purchase of a service plan, a proforma invoice will be issued, which must be paid in advance by a payment order or by one of the means of payment made available to the Beneficiary by the Provider. For fast processing, it is necessary to enter the proforma invoice number in the bank payment order. Subsequently, within maximum 5 days of receipt of payment, Play Solutions will issue a tax invoice to the Beneficiary in accordance with the pro forma invoice. The Beneficiary will receive access to services corresponding to the plan purchased when the payment is confirmed.
Article 7 Obligations of the Supplier
7.1 Play Solutions undertakes to:
7.1.1 to grant acces to the Beneficiary the functional options necessary to create and administrate the online store / shops, according to the tariff plan’s selected by the Beneficiary.
7.1.2 give due diligence to provide the Service continuously with minimum interruptions, with the exception of planned interruptions and with the exception that certain delays or other malfunctions may be due to causes independent of will and the possibility of Play Solutions intervention (providers of Internet access, electricity, etc.).
7.1.3 creates all reasonably possible, reasonable, reasonable and minimum reasonable technical conditions, without this being a full warranty for good protection against fraud attempts.
7.1.4 rectify any claims complained of by the Beneficiary, writing as soon as possible if the complaint is reported and registered with the Play Solutions support center. Formation and registration of the claim does not suspend the Beneficiary's obligation to pay the service he is contracted to undertake. Defects are considered to be repaired in the event of a complete or partial solution, or the provision / continuity of the Service is ensured. Any complaints about the operation of the Service will be sent to firstname.lastname@example.org or via the contact form at https://play-solutions.ro/contact. Play Solutions undertake to remedy the technical misconduct of its network so as to ensure the provision / continuity of the Services within 2 working days of their registration as specified in this article.
7.1.5 Ensure the confidentiality of the Beneficiary's access passwords and remedy the technical issues that impede the normal operation of the service, which is the responsibility of the Play Solutions attributions (technical problems of the system, inappropriate aspects of availability).
7.1.6 Provide the counter-cost software development services ordered by the Beneficiary after the Beneficiary has paid for their consideration.
7.2 Play Solutions may not modify the text or photo content added by the Beneficiary to his / her account without his / her consent, except when a request for modification including blocking is submitted by authorized institutions or bodies or is an obligation or an alternative provided by law to avoid employing the Supplier in any way whatsoever.
7.3 In the event that Play Solutions fails to meet its repair time obligations, the Beneficiary shall be entitled to request only the extension of the contractual duration to the number of days the service has been interrupted. The extension of the contractual period with a certain number of days is granted only at the end of the contractual period. The Beneficiary will not be entitled to claim the compensation provided if the failure to fulfill any Play Solutions obligation in terms of availability or repair time is directly or indirectly due to one of the following causes:
7.3.1 Mistake, negligence or operational errors of the Beneficiary, employees of the Beneficiary or clients of the Beneficiary;
7.3.2 Non-observance by the Beneficiary of the terms and conditions of use of the service, available at https://play-solutions.ro/terms-and-conditions;
7.3.3 Any third party intervention by the Beneficiary at the level of server-side applications affecting the functionality of the server, the Play Solutions network or a part thereof;
7.3.4 Planned interruption.
7.4 Play Solutions reserves the right to suspend the Beneficiary's access to the Service temporarily or permanently if it has evidence of the breach by the Beneficiary of this Agreement and / or the Terms and Conditions of Use of the Services available at https : //play-solutions.ro/terms-and-conditions. Service may be suspended without prior notice if the Beneficiary:
7.4.1 performs one of the activities provided for in Article 8.1 (f);
7.4.2 have other activities that affect the good functioning of the services offered by Play Solutions to other clients.
7.5 The use of the Services is performed only by the Beneficiary on his / her own responsibility and the access of the public to the information is also carried out under the own responsibility of the Beneficiary. The Services are provided as such on behalf of the Beneficiary, and Play Solutions provides no guarantee to the Beneficiary's clients under any circumstances, and in the case of any claims by any third party relating to the Beneficiary and the information posted by it automatically generating a full guarantee obligation, including related expenses and accessories generated by advanced claims.
7.6 Play Solutions reserves the right to temporarily suspend the User account or to permanently discontinue their content if they are flagged as not complying with the legal provisions and may be but not limited to - defamation, threatening, or pornographic, obscene, violating the intellectual property rights of another natural or legal person or violating this agreement with the Terms and Conditions of Play Solutions and Services.
7.7 Play Solutions does not claim, arrogate, and does not own intellectual property rights related to the content used / posted by the Beneficiary within the Services. All materials and information are owned by the Beneficiary, who is solely responsible for their content.
7.8 Providing access to Play Solutions does not guarantee acceptance under the Play Solutions Price Comparator or other services provided by the Provider.
7.9 In the case of custom software development services, the Supplier's obligations are deemed to be met when the Beneficiary's requirements have been completed in the form in which they have been agreed with the Beneficiary.
7.10 After the expiration of the Contract under the conditions listed in Art. 3.2, Play Solutions reserves the right to disable or permanently delete or partially delete the content entered by the Beneficiary within the Play Solutions system.
7.11 After the expiration of the duration of the counter-cost tariff plan purchased by the Beneficiary, Play Solutions reserves the right to permanently disable or delete the content introduced by the Beneficiary, which exceeds the limits of the tariff plan currently used by the Beneficiary.
Article 8 Obligations of the Beneficiary
8.1 The Beneficiary undertakes:
8.1.1 To comply with the terms and conditions of use of the service available at https://play-solutions.ro/terms-and-conditions.
8.1.2 Not to use services contrary to practices in the field, self-regulation, or legislation in force, or to use working methods that directly or indirectly affect or violate the rights and interests of third parties.
8.1.3 Use normally and honestly the Service for licit trade and licit purposes. The Beneficiary will not and will not allow any enterprise to endanger the security of the Network and the Play Solutions or third-party systems, or otherwise contradict the normal use of the Services. In these cases, the liability for any and all damages requested by third parties belongs exclusively to the Beneficiary.
8.1.4 To pay the equivalent of the tariffs / service packages mentioned in the proforma invoices (Attachments to the order forms), according to the provisions of Article 5 and Article 6.
8.1.5 To assume responsibility for safe keeping of user name, passwords and other confidential information. If there is any suspicion that this information is compromised, the Beneficiary must request the modification of the authentication data by contacting the technical support service in writing at email@example.com or via the contact form at https://play-solutions.ro/contact.
8.1.6 not to use the Play Solutions Application and / or the service provided in any form and under any circumstances to host, communicate, refer to, or direct to any of the following:
8.1.6.a Nudity, pornography of any kind, any image or text with sexual or obscene content;
8.1.6.b Infringement of intellectual property rights and copyrights and / or related rights in particular or any other right or interest of any third party;
8.1.6.c Mentions, abuse, harassment, slanderous statements, etc.;
8.1.6.d Promoting illegal activities such as phishing, spoofing, proxy, hacking, sniffing, wares (mp3, avi, etc., making music or movies available), etc.;
8.1.6.e Any image or text intended to encourage xenophobia;
8.1.6.f Privacy and / or personal information for their use for illicit purposes;
8.1.6.g Any content considered by the Provider to be harmful.
8.1.7 not facilitate or send unsolicited commercial spam to promote any site, service or product using the Play Solutions system or third-party servers to promote any site hosted on the server. In the case of such actions, which are considered by Play Solutions as spam and contravene the legislation in force, access to the services will be suspended and the liability fully belongs to the User and the commercial company, the authorized person or the physical person who owns the online store in guilt / promoted.
8.1.8 assume full responsibility and discard any third party injured by any of the prohibited acts, as indicated in paragraphs f) and g) above
8.1.9 to provide actual, real and valid information about the identity of the commercial company, the authorized natural person or the natural person who owns and operates the online store (company name, registration number at the Trade Registry, Fiscal Identification Code, Personal Numbers Code, phone number, valid email address) and the identity of the representative who manages the user account as requested in the registration process or in other sections of the website. Users undertake to maintain and modify this information as necessary to keep them current, complete and accurate. If the information regarding the identity of the commercial company, the authorized natural person or the individual who owns and operates the online store or the information regarding the identity of the representative who manages the user account proves to be incorrect or false, access to the Services will be suspended , until the situation is remedied.
8.1.10 to ensure the authenticity or validity of the information presented within the created shop. In the event of any suspicion of the authenticity or validity of this information, regardless of its nature or subject matter, Play Solutions reserves the right to suspend access to the Services.
8.1.11 assume responsibility for any activities undertaken on the basis of the Services provided by Play Solutions and for the entire content uploaded within the Play Solutions Beneficiary account, regardless of the consequences these actions or content may have. Play Solutions assumes no liability for the content published by the Beneficiary or for their actions, regardless of their nature.
8.1.12 not to carry out illicit commercial activities, as they appear in the legislation in force. The enterprise of any activity that may be considered unlawful will entail the suspension of access to the Services.
8.1.13 not to use domains or subdomains that contain abusively trademark names that are not owned by the Beneficiary, or which violate the legal rights of another party and do not use domains or subdomains that can be considered directly or indirectly as: slander, injustice, defamation, obscenity, pornography, harassment, licentious language, discrimination, racism, but not limited to them. Failure to comply with this obligation entails the suspension of access to Services, and liability lies entirely with the Beneficiary and the commercial company that owns the online store in default.
8.1.14 to assume responsibility for the content of the materials it posts. By posting, the Beneficiary, asserts and guarantees that:
8.1.14.a is the owner / owner of the posted material or holder of the authorization or has obtained the consent or permission to use the material in any way and so may dispose of it by including, reproducing, distributing it on the website and any media channels;
8.1.14.b has a consent of any identifiable, visual or auditory person in the content of the materials posted on the website to use its image and / or voice on the website, implicitly in public contexts, and on any media channels, under the conditions and limits in this document setting out the terms and conditions of using the website;
8.1.14.c will not post any materials that by their content are defamatory and which could directly or indirectly damage the Play Solutions site or any third party;
8.1.14.d will not post obscene or pornographic material (such as explicit sexual acts, explicit front nudity, etc.) or violent scenes or that call for violations of human rights recognized by Romanian law and / or treated by international conventions in the field;
8.1.14.e will not post materials whose content may harm human integrity and dignity, which are defamatory, threatening, harassing, violent, incitement to hatred or discrimination against a group by race, religion, ethnicity, sex, age, sexual orientation;
8.1.14.f will not post materials whose content promotes in any way illegal activities such as but not limited to unauthorized gambling;
8.1.14.g classifies as "not recommended for persons under 18" the materials considered inappropriate for viewing by minors;
8.1.14.h avoid in any circumstances the use of the identity of another real punch, identity theft being punished according to the existing laws in force;
8.1.14.i uploading images and product descriptions for use of the Services, agrees to make them public and to provide access to them to all Internet Users.
8.1.15 not use any automated system that sends requests repeatedly to any Play Solutions server and may cause malfunctions or slow functioning.
Article 9 Return of payment equivalents
9.1 In any circumvention of the Service for breach by the Beneficiary of any contractual obligation listed in particular under Article 7.4 and Article 8.1 (f) - (o), but without limitation, the Beneficiary shall not be entitled to claim damages or returning the value of the contract, irrespective of the consequences that it may have to restrict from using the Services.
9.2 Throughout the duration of the contractual relationship, the Provider shall only guarantee the return of the amount of the first payment received from the Beneficiary for any chosen tariff plan within a maximum of 15 days from its receipt. Returning the value of the first payment will not be made by the Provider except on the basis of the present agreement concluded between the Supplier and the Beneficiary.
9.3 The Beneficiary shall not be entitled to request the return of the value of the software development services upon order.
Article 10 Modification of the Terms and Conditions of Use of the Services
10.1 The terms and conditions of use of the Services, available at https://play-solutions.ro/term-and-conditions, are an integral part of this Agreement. The Provider reserves the right to change at any time the content of the Terms and Conditions of Use of the Services without the prior notice of the Beneficiary or the persons using them. Users will have permanent access to the terms and conditions for the use of the Services in order to be able to consult them at any time. Any new features, tools, facilities, or restrictions that are developed and applied to improve Services are also the subject of this Agreement. Changes in rates, modalities and payment terms become effective within 7 business days of their publication. Any other changes to the Terms and Conditions of Use of the Services become effective immediately upon publication at https://play-solutions.ro/terms-and-conditions.
10.2 Use of the Services (access, navigation and registration of a Beneficiary account, creation of a store) constitutes a direct, full and unconditional agreement to comply with the Terms and Conditions of Use and this Agreement, with all the consequences and consequences thereof. If the Beneficiary does not agree with the changes made to the Terms and Conditions of Use of the Services, the Beneficiary may at any time cancel the account by submitting a written notice, otherwise it is considered that the changes have been fully accepted.
Article 11 Access to Play Solutions Services
11.1.1 All users with the status of Legal Entities, Registered Sole Traders, or Individuals may benefit from the Play Solutions Services;
11.1.2 It is forbidden total or partial copying, distribution of any part or sections of the website, regardless of the storage medium on which the copying takes place, as well as copying for distribution or for any other purpose;
11.1.3 Any intervention that may cause the malfunction of the Website and the Service, even temporary, without prior written permission from Play Solutions, is forbidden;
11.1.4 Any alteration or alteration of any part of the website is prohibited, except for those reasonable changes or alterations made as a necessity of the proper use of the Website and the Services for the purpose in which they were created;
11.1.5 It is forbidden any action that adversely affects the correct, reasonable and permissible activities of the other Users or intimidates, harasses or aggresses verbally or visually the other Users of the website and of the Services, including accessing and using the personal accounts of other Users;
11.1.6 Any action is prohibited even through omission or activity that might facilitate or encourage actions that violate the Terms and Conditions set forth in this document or the applicable legal provisions for the legal performance of specific activities;
11.1.7 Any action that may affect and interferes with the security features of the website with elements that prevent or restrict the use or copying of content or elements that reinforce the limits of use of the site or its content is prohibited;
11.1.8 If the owner of a user account fails to meet its financial obligations within 15 days of the date of the proforma invoice, the user account will be temporarily suspended and the online stores associated with that account will no longer be visible. In the event that the Beneficiary does not pay the Proforma invoice within 30 calendar days from the date of issue, Play Solutions reserves the right to permanently remove these inactive accounts from the system and the associated information;
11.1.9 Any breach of this Agreement will result in suspension of access to Play Solutions Services. Users do not have the right to claim compensations or return the amounts of money paid in advance, irrespective of the consequences that they may have to restrict from using the Services.
11.2 Accessing and using the Services requires the creation of a User account. The Beneficiary hereby declares that he / she takes full responsibility for all and any of the activities performed through the account he / she opens on the website.
11.3 The Play Solutions application may contain links, spots, or banners with links to other websites that are not owned or controlled by Play Solutions. Play Solutions assumes no responsibility for the content, policies, practices or rules established by any other site and recommends the Beneficiary to know the terms and conditions of use for each of the sites visited after leaving the Play Solutions website.
Article 12 Policies related to the Play Solutions Application
12.1 Users who install, use and / or publish the Play Solutions application are required to adhere to the following policies. We reserve the right to suspend Play Solutions accounts that do not comply with these policies at any time.
12.2 Because policies can be changed over time, Users must regularly check the https://playsolutions.co.uk/terms-and-conditions page to be aware of any updates or changes. In accordance with the Play Solutions Terms and Conditions, it is the responsibility and obligation of the User to be informed and adhere to applicable policies.
12.3 Users may not include links in the Play Solutions Application to pages with content that violates any of the following content rules.
12.4 On Play Solution Aplication, you may not include or refer to:
12.4.1 Pornographic or adult content;
12.4.2 Violent content;
12.4.3 Content concerning racial intolerance or propaganda againds and individual, group or organization;
12.4.4 Excessively vulgar content;
12.4.5 Content related to computer piracy;
12.4.6 Content about gambling or casinos;
12.4.7 Content for prohibited drugs and objects used to consume, conceal or produce drugs;
12.4.8 Selling beer or alcoholic drinks;
12.4.9 Sale of tobacco or tobacco products including ethno-bitanical and any other substances assimilated by law;
12.4.10 Selling medicines that require prescription;
12.4.11 Selling or promoting weapons or ammunition (eg. Firearms, components of firearms, combat knives, immobilization guns);
12.4.12 Selling products that are fake or imitations of branded products;
12.4.13 Selling or distributing dissertation papers or students papers;
12.4.14 Content with programs that rewards the users that are clicking on ads or offers, search, browse websites, or read emails;
12.4.15 Any other content that is illegal or immoral, or that promotes illegal or immoral activities or infrnges the rights and legal interests of others;
12.5 The WEB domains that the Play Solutions Application is published must adhere to globally accepted and respected web quality standards, including but not limited to:
12.5.1 They must not use Cloaking or misleading redirects;
12.5.2 Do not include pages intended to harm users or equipment, such as phishing, viruses, trojans, or other badware;
12.5.3 Do not force user preferences or settings, direct users as unsolicited sites, initiate downloads, include malware, or contain pop-ups or pop-unders that interfere with site navigation.
Article 13 Cancellation and Deletion of the User Account
13.1 Users may suspend their account at any time by providing the Provider with written notice via electronic mail. With the suspension of a user account, online stores associated with it are no longer visible. Suspended user accounts, associated online stores and all relevant information will be automatically deleted if the user account is not reactivated within 1 month from the date of suspension. In order to reactivate the user account it is necessary to authenticate to the account and to express its acceptance of this action.
13.2 Play Solutions may suspend or delete those User Accounts suspected of fraudulent or unlawful activities on the basis of the use of Play Solutions Services.
13.3 The Site Administrator may suspend or delete those User Accounts that have violated in full or partially the provisions of this Agreement and the Terms and Conditions of Play Solutions Services.
Article 14 Exclusion of certain guarantees
14.1 Play Solutions does not guarantees that:
14.1.1 The use of the Services will meet the requirements and expectations of the Beneficiary;
14.1.2 Access and use of the Services will always be carried out under the best conditions, without interruption, operation errors and in complete safety;
14.2 Services shall not be subject to any conditions, warranties or any other terms (including any implicit terms of quality, satisfactory compatibility as described), except as expressly provided in this Agreement.
Article 15 Confidentiality of information
15.1 Each side shall ensure the confidentiality of all information (including the terms and conditions of this Agreement) and documentation, including, but not limited to, commercial or business secrets or business secrets, processes, know-how, etc. or methods used by the other side in the course of the business, obtained from the other site in or in connection with this contract. In order to protect the rights and interests of the other side to this Agreement, a Side may disclose only the confidential information relating to the other Side that is requested by its authorized personnel or authorized companies for the purpose of carrying out this contract or authorities upon request and even by the effect laws.
15.2 Each Side agrees that it will not use any confidential information relating to the other side for any purpose other than to fulfill an obligation arising from this Agreement or to exercise any rights deriving from this Agreement; that it will not copy and disclose any confidential information to a third party without the written consent of the authorized representative of the other side. However, both sides may disclose information related to this agreement to authorized representatives of associated companies, including those who offer assistance to them in respect of this contract, subject to the assumption of appropriate confidentiality obligations.
15.3 The provisions of this chapter do not apply to confidential information in respect of which the recipient can demonstrate, in favor of the party making the disclosure, that:
15.3.1 at the time of disclosure, were already known to the addressee (without having to keep confidentiality);
15.3.2 the date of the disclosure is legally obtained by the recipient acting in good faith from an independent third party that is not under any obligation to maintain confidentiality of that confidential information;
15.3.3 at the time of the disclosure they were totally or had been brought to the attention of the public by methods other than the negligence of the addressee or violation of the restrictions laid down in the contract or its annexes;
15.3.4 were independently identified by or on behalf of the recipient without having access to any of the confidential information;
15.3.5 seek disclosure by law, through court action, governmental bodies or institutions or other regulatory authorities;
15.3.6 has given written consent for disclosure.
Article 16 Limitation of Liability
16.1 The Parties agree that the information and services regulated by this Agreement shall be provided "as is" without any warranty of any kind.
16.2 Subject to clause 16.3, neither party shall be liable for any special, incidental, collateral, indirect or punitive damages, loss of earnings or profits, loss of earnings, loss of business, loss of trade, loss transactions, loss of data, loss of use of a property, costs of executing obligations by substitution of persons, equipment or services, and dead time costs, regardless of how these situations occurred and whether they are caused by fault (including negligence) violation of contractual obligations or for any other reason, and whether or not reasonably foreseeable at the date of the contract.
16.3 No provision of Article 16 shall exclude or limit the liability of the Beneficiary in respect of:
16.3.1 fulfilling its own obligations to pay the service under the terms and conditions stipulated in the present contract;
16.3.2 Degradation, impairment in any way of the Play Solutions system as specified in this agreement;
16.3.3 Not respecting the confidentiality obligations and express warranties;
16.3.4 Non-observance of the obligations regarding the correct use of the service.
16.4 Nothing in this Agreement excludes or limits the liability of either party:
16.4.1 for fraud;
16.4.2 related to the intellectual property rights indemnities provided in Chapter 19 below.
16.5 The Beneficiary shall indemnify and hold harmless Play Solutions for any actions, losses, costs, damages, punishments, expenses, fees (including court fees incurred and / or payable by Play Solutions), legal actions, complaints or requests that have any connection with this Agreement brought against Play Solutions or with which Play Solutions is threatened by a third party resulting from Customer's use of the Services or any intentional or negligent action or omission on the part of the Beneficiary. The Beneficiary will also grant Play Solutions, at the sole expense of the Beneficiary, full empowerment, information and reasonable assistance necessary to defend, resolve or resolve such claims.
16.6 Play Solutions or its collaborators shall not in any way assume responsibility for any financial or commercial loss and for any indirect or consequential loss that the User may suffer. These include any loss of profits (whether directly or indirectly), any loss of the patrimony or reputation of the firm, or any loss of data.
16.7 Play Solutions is not liable for the loss or deletion of information arising from direct or indirect User action on the data. If the information, by its nature, can be recovered, the recovery operation rests solely on the users. Recovery of information may be made by Users within 72 hours of the deletion, using the options provided. Play Solutions does not guarantee the possibility of recovery for all lost information and does not guarantee the integrity of the data obtained from the recovery operation.
16.8 Play Solutions or its collaborators shall not be liable for any loss or damage sustained by Users as a result of:
16.8.1 Any changes that Play Solutions may make to the Services as a result of temporary or definitive interdictions brought by Play Solutions in the provision of the Services or as a result of the automatic and definitive removal of suspended accounts for inactivity and the information contained in towards them;
16.8.2 Loss, erasure, corruption or eventual errors in the storage of content uploaded or transmitted by the User in the process of using the Services;
16.8.3 Non-observance by Users of the obligation to communicate exclusively correct and authentic information on identity, contact details and any details about the products offered within the online store (product name, product price, product description, images etc);
16.8.4 Non-observance by the Users of the obligation to ensure the security of the account and of the access data.
Art. 17 Availability of the service
17.1 Play Solutions reserves the right to modify the layout and interface of any of the Play Solutions Website or Sub-Pages at any time and temporarily or permanently discontinue, partially or wholly, the Services made available to the public through this website, to honor all contractual obligations in progress until the already purchased counter-cost service plans expire.
Article 18 Assignment
18.1 Except as provided below, neither Play Solutions nor the Beneficiary shall have the right to assign, subcontract, sublicense or otherwise transfer or otherwise transfer any rights or obligations of this Agreement to any third party in general.
18.2 Either party may assign, transfer or transfer in any manner permitted by applicable law any of its rights or obligations under this Agreement to one of the associated companies (or to its successors or their successors through merger or acquisition of all or any of its assets) , with the prior written consent of the other party (which will not be unduly refused or delayed).
18.3 Play Solutions may subcontract any or all of its obligations under this Agreement to a third party provided that Play Solutions ensures that the third party fulfills its obligations to the Beneficiary.
Article 19 Rights over intellectual property
19.1 Subject to the restrictions and terms set forth in the contract, Play Solutions grants to the Beneficiary a non-exclusive, non-transferable license to use software, equipment or other materials provided under or in connection with the Contract only and to the extent that it is necessary for use of the Services provided under it.
19.2 All intellectual property rights for any software, patent, equipment, or other material including documentation provided to the Beneficiary under or in connection with the Agreement are and will only be owned by Play Solutions or its suppliers.
19.3 Play Solutions will make reasonable efforts to ensure, without incurring a warranty obligation, that the use by the Beneficiary of software, equipment or other materials provided by Play Solutions in connection with the Services will not infringe upon the property rights or intellectual property rights belonging to a third party.
Article 20 Brand Information
20.1 Play Solutions name and the Play Solutions logo are registered trademarks of SC Play Solutions SRL. The trademarks of SC Play Solutions SRL can not be displayed or used in any form without the express consent of the owner of the law.
Article 21 Termination of the contract
21.1 The Agreement may terminate (i) if the Beneficiary waives the use of the Play Solutions services by terminating the Account; or (ii) if either Party becomes incapable of payment and / or the Bankruptcy Proceedings, dissolution and / or its liquidation.
21.2 Play Solutions reserves the right to terminate the Contract for the non-execution or improper execution by the Beneficiary of any obligation assumed under this Agreement. The contract is deemed to be terminated by a notice without further formalities, termination taking effect immediately after the date of the communication and without the intervention of the court.
Article 22 Notifications / Communications
22.1 Any communication to be made in relation to matters governed by this Agreement shall be sent using the identification data contained in this Agreement or, in the case of modifications, the updated data from the Beneficiary's account.
22.2 The Beneficiary accepts and agrees to receive by post or electronic mail communications or other technical, commercial, or informational messages from S Play Solutions.
22.3 All notifications and correspondence shall be made in writing and transmitted by post or electronic mail. Such notifications will be deemed received if:
22.3.1 are handed personally and the recipient accepts them by signature;
22.3.2 as soon as they have been distributed at the date, and the sender receives the acknowledgment of receipt in the case of a registered letter with acknowledgment of receipt;
22.3.3 date and time when email was received.
Article 23 Special provisions
23.1 The signing of this contract does not imply the establishment of an exclusive commercial relationship between Play Solutions and the Beneficiary.
23.2 The Beneficiary accepts and agrees not to be granted any right to use any of the installation’s facilities, facilities or other infrastructure used or provided by Play Solutions for the provision of Services other than the right to use the Services, as described in the Agreement. The Beneficiary will not receive any right or title regarding the network or part of the network, equipment or equipment owned or used by Play Solutions to provide Services.
Article 24 Penalties
24.1 Any delay in payment, which exceeds more than 14 days the payment term on the pro forma invoice or in the annex to the tax invoice if issued, obliges the Beneficiary to pay a penalty fee of 0.10% per day of its value.
Article 25 Force majeure
25.1 Force majeure exonerates the party invoking it, under the law, with the requirement to notify the contractual partner.
25.2 Any event independent of the will of the parties, unpredictable and insurmountable, occurring after the conclusion of the contract and which prevents the parties from executing all or part of the contractual obligations, shall be considered a case of force majeure.
25.3 The party invoking force majeure has the obligation to make it know to the other party in writing within maximum 5 (five) days of its appearance, and proof of force majeure, together with the warning on the possible effects and extent of force majeure, will be communicated to maximum 15 (fifteen) days after the occurrence. The reference date is the date of the posting stamp. The party invoking force majeure has the obligation to notify the other party of the cessation of the case within maximum 5 (five) days of cessation. If these circumstances and their consequences last for more than 3 months, each contractual partner may waive the execution of the contract further. In this case, neither party has the right to claim damages from the other party, but they have the duty to honor all their obligations up to this date.
Article 26 Final conditions
26.1 The current contract may be completed, interpreted or modified only by an additional act accepted by the legal representatives of both sides.
26.2 Any waiver of any right or remedy under this agreement must be made in writing. Except when it is expressly provided, any waiver shall be effective only if and for the purpose for which it is given.
26.3 Each of the provisions of the contract is independent, therefore, if any such provision is or becomes null or cannot be enforced under the law, it will not affect the validity or enforcement of the other provisions of the contract, and the parties will make every reasonable effort to negotiate in good faith with a view to replacing it with one or more satisfactory provisions for any competent authority in the field.
26.4 Any person who accept this contract in the name of one of the parties, represents and warrants that it has been fully empowered and that have been taken all necessary measures expression of a valid consent on behalf of the party which he represents.
26.5 Any contestation which derives out of or in regarding with this contract, including the closure of it, the execution or cancellation of its, it’ll settle by Arbitration Court of Commercial of the International Chamber of Commerce and Industry of Romania, in accordance with the Regulation on the organization and operation of the Court of Justice, with the Rules of Procedure of the Court, with art.4 of the European Commercial and International Arbitration Convention, done on 21 April 1961 in Geneva, excluding ordinary courts.
26.6 The arbitral panel shall consist of an arbitrator appointed under the conditions of the procedures applicable.
26.7 The decision given in the arbitration proceedings shall be final, necessary and enforceable.