PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Any order using our website means that you are accepting the terms and conditions detailed below.
The general terms and conditions will apply to all sale Services rendered by M247 Europe SRL (hereinafter referred to as M247) via the website www.m247.ro to the Client. Do not use M247’s website or any of the Services provided on it unless you accept the terms and conditions herein.
The general terms and conditions are deemed accepted by the Client by placing an Order to M247, and thus entering into a contract with M247 further to M247 confirming the Order; this stands for a services agreement regulating the contract relation between M247 and the Client.
In accordance with the legal provisions, we will inform you that you will lose the right to withdraw after the full execution of the contract by M247.
Terms
Acceptable Use Policy: the acceptable use policy (as may be amended from time to time) which is published on our website www.m247.ro;
Client: Individual/legal entity placing an Order;
M247: the company M247 Europe SRL, registered with the Trade Register under no. J40/3081/2015 CUI: RO30203422, with the main office in Mun. Bucuresti. Sos. Fabrica de Glucoza nr. 11B, 1st floor, District 2.
Services – any services offered by M247 Europe SRL, as indicated in the Order, and to be provided by M247 to the Client.
Order – the agreement between M247 and the Client whereby M247 undertakes to deliver the Services, and the Client undertakes to pay for the value thereof.
Agreement – an Order which is confirmed by the Provider.
By processing an Order on the website www.m247.ro, the Client agrees to the website’s Terms and Conditions. Order acceptance by M247 is deemed completed at the time of its confirmation by e-mail. Until M247 has confirmed the Order a contract between M247 and the Client shall not be created.
Placing an Order
Once the desired Services have been selected and added to the shopping basket, the Client shall proceed to the payment thereof as per the payment methods detailed under Means of Payment section.
The Client undertakes to enter complete, accurate and true data into the respective form. Domains are registered in keeping with the applicable legislation. M247 cannot be held accountable for any damages caused by any client supplying inaccurate or incomplete information.
The Client agrees to pay for the value of our Services in advance for the period during which such are to be supplied (on a monthly or yearly basis).
Services offered
– VPS (Virtual Private Server) hosting services
– dedicated server rental services
– colocation services
– provision of Internet access services in Romania and Europe
– IT consultancy and support services
– server administration services
– sale of IT equipment
Details about the characteristics of the products or services are available on the website under the respective category, or by phone or e-mail, upon request.
Rates (Prices)
The rates displayed on www.m247.ro are expressed in EUR and are not inclusive of the VAT. Payment shall be made in RON, at the valid official exchange rate communicated by the National Bank of Romania for the day of payment, +2%. M247 has the right to change the rates displayed on www.m247.ro, as well as to modify the characteristics of the offered packages.
The 2 percentage points added to the official exchange rate communicated by the National Bank of Romania aims to cover for the costs M247 incurs with the fees charged by the bank payment processors, such as Pay Pal, as well as for the losses from exchange rate differences paid by M247, considering that our suppliers are spread across the world, and thus the payments we are due to make are in various currencies. If you are a consumer we will not make any additional surcharges relating to credit cards, Pay Pal etc.
Before completing any order, M247 reserves the right to change the prices for the Services offered via the website at any time, and M247 offers no price or reimbursement guarantees in case of a price reduction or promotional offer subsequent to the purchase.
M247 may adjust the prices once a year according to the Romanian consumer prices annual rate. For such increases, the Customer’s approval shall not be necessary.
Means of Payment
Online Card Payment
The payment can be made online by card on the Netopia MobilPay platform, under full security conditions. The cards accepted for payment are the ones issued under the trade names VISA (Classic and Electron), and MASTERCARD (including Maestro, provided they have a CVV2/CVC2 code).
No additional fee is charged for the transactions.
For transaction security purposes, www.m247.ro uses the Netopia MobilPay platforms.
For the transaction to be properly completed, you must supply your card’s code (all the figures in the four groups on the front of the cards without spaces), the expiration date, the holder’s name, as well as the three figures on the back of the card written on the band with your signature (some details could be missing, depending on the type of card).
Card data processing is performed exclusively on the Netopia MobilePay platform. www.m247.ro neither requests, nor stores, any data concerning your card.
Bank Transfers (Warrant of Payment)
Payment by Warrant of Payment can only be made based on a pro-forma invoice issued by M247 and emailed to the Client.
Order processing and service delivery are executed after the confirmation of the payment of the relevant pro-forma invoice into the account below.
Company name: M247 Europe S.R.L.
Bank account: RO45RZBR0000060020801136, opened with Raiffeisen Bank
Sole registration number: 30203422
Irrespective of the currencies available in your account, the payment shall be made in lei, as per the rate of exchange your bank uses.
Suspension of Services for Payment Default
M247 is entitled to suspend any service where any charges due under the Agreement remain unpaid after 5 days from their due date.
Termination of Account for Payment Default
M247 is entitled to cease providing any service and terminate the Agreement where any charges due under the Agreement remain unpaid after 10 days from their due date, the service contract being considered terminated with no further procedure needed to be followed upon.
Right to Withdrawal
Each of the services are offered a 14-day guarantee period during which the amount paid can be reimbursed in full, if the withdrawal right is exercised, without any reason. We inform you that you will lose the right to withdraw after the execution of the contract by M247, except for VPS services for which you may exercise your right of withdrawal also after the services have been performed, within 14 days.
The withdrawal period expires after 14 days starting on the day when the order was launched/ the payment of the price was made.
To exercise your right to withdrawal, you must let us know about your decision to withdraw from this agreement by means of a straightforward statement, submitted for instance as mailed letter at the registered address of the company or email to ro-legal@m247.ro To this end, you can use the enclosed withdrawal form; using of this form is not mandatory.
To meet the withdrawal deadline, you simply submit the communication on the exercise of the withdrawal rights before the expiration of the withdrawal period.
Should you decide to withdraw, we will reimburse any amount collected from you no later than 14 days since the date when we were informed of your decision to withdraw from this agreement. We shall perform the respective reimbursement using the same means of payment as you used to make the initial payment, unless you expressly agreed to different reimbursement means; anyway, no fees will be charged in respect of such a reimbursement.
The right to withdrawal is no longer effective once the services have been provided, except for VPS services for which you may exercise your right of withdrawal also after the services have been performed, within 14 days.
Termination
At the Client’s request, the Agreement may be terminated subject to a 30-day prior notice. The termination requests will not be accepted as long as there are outstanding amounts in your account. The termination requests will be filed in writing, and not by phone, tickets, live chat, etc.
In the event the client requests termination of the Agreement (except for the right to withdrawal) with no fault on the part of M247, the annual price calculated and paid in advance by the Client for the full year shall not be reimbursed, any difference being retained by M247 as damages in consideration of the fact that the Client enjoyed a discount for making the payment in advance.
Either M247 or the Client may terminate the Agreement (without prejudice to their other rights) if the other party commits a material breach of the Agreement (including without limitation, a breach of the Acceptable Use Policy by the Client).
Uptime (Service Availability)
M247 guarantees an uptime of 99.9%. Should the Services not meet the 99.9% uptime level, M247 may offer a month of free Services. The gratuity can be claimed by contacting the payment department by email at billing@m247.ro, and we may approve such request at our discretion. The uptime of our servers is defined under the OS reports and our own monitoring systems, which means that it can be different of the uptime reported by other monitoring systems.
Backup
The clients have full responsibility for the use of the Services. M247 does not keep any backups. Optional M247 can offer additional backup services for a fee, but will recommend keeping your own backups. Also please keep in mind that the backups made, cannot be fully verified to confirm each file or directory. M247 is not responsible for the loss of files and / or information.
M247 can offer backup services for a fee, please contact the sales team at +4 031 080 0700 or by email to sales@m247.ro for more information.
Use of M247 Services
The Services offered by M247 will be used by the Client for legitimate and ethical purposes only. The Client shall comply with the Acceptable Use Policy and shall ensure that any other party using the Services shall also comply with the Acceptable Use Policy.
The sending of bulk messages, the sending of messages to a large number of email addresses can be done using our servers or other servers to promote any website hosted on our servers, provided this is done in keeping with the applicable legislation. Any complaint received in this respect shall be forthwith forwarded to the Client to have the issue addressed between the two parties involved (Client and complainer), but M247 may, in its absolute discretion, decide to directly suspend or terminate the Services depending on the nature of the complaint.
All the Services provided by M247 are used and administered by the Client, and any use of these Services is the exclusive responsibility of the Client. M247 cannot be held liable for any violation of any applicable legislation or the Client’s or an end user’s breach of the Acceptable Use Policy
M247 abides by the legal provisions and shall act upon any complaint received from any injured individuals, institutions/authorities or organizations which shows at least apparent legality.
Use of Resources
Please note that the VPS server packages are in a shared space (server); consequently, no exclusive use of the resources over a long period of time by either you or your clients shall be accepted. The accounts which are detrimental to our servers shall be notified to address the issue within 3 days, as long as these damages are not severe. Otherwise, the respective accounts may be suspended until the situation is addressed. If the Client fails to address any issues notified to it within 3 days from the date of notification M247 may, in its absolute discretion, terminate the Agreement.
Our Responsibility for Loss or Damage Suffered by You
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Client’s Responsibility
The Client is responsible for updating the contact and billing information indicated in their account. M247 accepts no liability or responsibility whatsoever for any damages incurred by the Client as a result of the Client not updating the contact and billing information.
The Client is responsible for maintaining the security conditions of the username, passwords and other sensitive information. In case of any doubt in this respect, the Client has to change or request the authentication date be changed by contacting the support team.
M247 shall not be responsible for any damages caused by the temporary unavailability of our servers for whatever cause. This covers also the damages suffered due to date deterioration or loss.
Rules about Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
Force Majeure
None of the parties shall be accountable for non-performance of its contractual obligations should such non-performance be due to an event beyond its control, in accordance with the applicable legislation.
Governing Law – Jurisdiction
The agreement is governed by the Romanian law. Any potential disputes occurred between M247 and the Client will be settled amicably, failure which the disputes are referred for settlement to the Romanian courts of jurisdiction.
Intellectual Property Rights
All the materials contained in this website are the intellectual property of M247. These materials can be neither copied, nor reproduced. Nevertheless, the full pages of the website can be printed out, provided such is done for personal purposes only.
Closing Provisions
In addition to the Terms and Conditions above, term of the service acquired by the Client, M247 can enter also into additional service provision agreements, in which case the conditions thus set will be also applicable between the parties. Thus, the Terms and Conditions amount to a master agreement which can be subsequently amended by agreement of the parties under additional executed agreements or appendices.
M247 reserves the right to amend its policies (including for the avoidance of doubt the Acceptable Use Policy) and service use conditions without prior notice.
CONSUMER’S COMPLAINT CONTACT – INFOCONS – 021.9551
The Bucharest Consumer Protection Office
Address: Bucharest, Transilvaniei street no. 2, 1st district, postal code 010798
Phone: 021/310.63.75 – complaints
Phone: 021/310.63.79
Fax: 021/310.63.80
The Bucharest -Ilfov Regional Consumer Protection Office
Address: Bucharest, Transilvaniei street no. 2, 1st district, postal code 010798
Phone: 021/310.63.78, 021/310.63.81
Phone: 021/310.63.75 – complaints
Fax: 021/310.63.80
Website : www.anpc.gov.ro
