The contract between you and us
ENGINYRING Europe SRL | rev. 1.4
Updated 04.08.2025 (d.m.y)
BINDING AGREEMENT: These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and ENGINYRING Europe SRL, Romanian company registration number J16/306/2023, VAT RO47589108 ("ENGINYRING", "we", "us", "our"). By accessing, using, or purchasing our services, you expressly acknowledge and agree that:
CRITICAL NOTICE - LIMITED LIABILITY: Your attention is specifically drawn to Sections 8 (Liability), 16 (Indemnification), and 14 (Dispute Resolution), which significantly limit our liability and require you to indemnify us. By proceeding, you explicitly acknowledge and accept these limitations as a fundamental basis of our commercial relationship.
1.1 All our offers, agreements and their implementation are governed solely by the terms and conditions in hand. Deviations must be explicitly agreed upon with us in writing.
1.2 In these terms "the other party" is understood to be: each natural person (a "Consumer") or legal person (a "Business Client") who has closed an agreement with our company, or wishes to close one, as well as their representative(s), delegate(s), assignee(s) and heirs.
1.3 The terms and conditions as formulated by the other party will remain unchanged to the extent that they are not in conflict with the terms and conditions in hand. In case of any conflict, our conditions will take precedence under any circumstance, even if priority has been stipulated otherwise.
2.1 All our offers and propositions, in whatever form, are noncommittal, unless we explicitly stated otherwise.
2.2 If an offer is accompanied with demos, drawings, estimates, plans, catalogues or other documents or digital information on products, these always remain our property and must be returned to us at request. They may not be reproduced, copied, cached or shown to third parties without our permission.
2.3 Transmission of offers and/or (other) documentation does not put us under the obligation to accept an order. Non-acceptance will be notified to the other party as soon as possible, but within 14 days in any case. Therefore, the agreement is concluded only 14 days after acceptance or as soon as we confirm the agreement in writing or (start to) execute it.
3.1 We reserve the right to reject assignments or orders without foundation, or to exclusively deliver against a specific payment method (eg. Bank Transfer, Card, PayPal, Cash ... etc.).
3.2 Our reported delivery times are an indication and are not to be regarded as deadlines. Delivery time statements are always an approximation, unless specified otherwise in writing.
3.3 Delivery shall be ex works or ex warehouse, unless otherwise agreed.
3.4 We reserve the right to demand cash on delivery or prepayment from the other party.
4.1 For Business Clients, if the other party wishes to cancel after an agreement has been concluded, a 15% cancellation fee (based on the order price including VAT) will be charged, provided we agree to the dissolution, without it affecting our right to full compensation including lost profits.
4.2 New customers are entitled to a refund within 14 days of their first service purchase, excluding service renewals, acknowledging that renewals indicate satisfaction and understanding of the service's value.
4.3 If the product or service is designated as 'Anytime Cancel', the client may request cancellation at any time; however, the client acknowledges that such cancellation does not entitle them to any refund or reimbursement, except as may be required by applicable law.
4.4 Consumers have the right to withdraw from the contract within 14 days without giving any reason, as provided by Romanian consumer protection laws. For services that have been partially provided at the Consumer's request, a proportional payment may be required.
4.5 Domain name registration services are exempt from the 14-day withdrawal right, in accordance with Article 16 letter c) of the EU Consumer Rights Directive (2011/83/EU). This exemption applies because domain names are personalized digital services that are immediately provisioned. By ordering a domain registration, the client expressly acknowledges this exemption and consents to immediate service provision.
4.6 For Consumers exercising their right of withdrawal, refunds will be processed within 14 days of receiving the cancellation notice using the same payment method as the original transaction, unless otherwise agreed.
5.1 Unless stated otherwise, our prices are:
5.2 In the event of an increase of one or more of the cost factors, we are entitled to increase the order price accordingly; all this with due regard to any relevant existing regulations, on the understanding that any foreseeable future price increases must be recorded in the order confirmation.
5.3 For Consumers, price changes after contract conclusion will be limited to those resulting from changes in VAT rates or other statutory regulations. Any other price increases will only apply to renewals and with minimum 30 days advance notice.
5.4 All prices include customer support at the level specified in Section 22 (Technical Support and Service Levels).
6.1 "Force majeure" is understood to mean: every circumstance independent of either party's intention or any unforeseeable circumstance making the fulfilment of the agreement no longer reasonably expected from the other party.
6.2 In this context, force majeure in the contractual relationships with our other parties is understood to mean a failure or obstruction of the telecommunication facilities of third parties, which prevents normal transmissions of telecommunication for short or longer periods of time.
6.3 If, in our opinion, the force majeure is of a temporary nature, we have the right to postpone the implementation of the agreement until the circumstance causing the force majeure has been resolved.
6.4 If we are affected by a situation of force majeure and suspend our service(s) for thirty (30) days or more, the other party has the right to terminate the contract for this/these service(s) for the remaining duration of the contract. In this case, there will be no reversal for the past and the other party is not entitled to any form of compensation for premature termination of the contract.
6.5 If we expect the force majeure to persist, we can terminate the contract for this/these service(s) for the future. In this case, there will be no reversal for the past and the other party is not entitled to any form of compensation for premature termination of the contract.
6.6 We will be entitled to demand payment for the performance in the implementation of the agreement prior to the occurrence of the force majeure-causing circumstance.
6.7 The party which is (going to be) in a force majeure situation must inform the other party of this immediately.
7.1 All software, infrastructure, drawings, designs, diagrams, requirements package and such, produced by or on behalf of us during the execution of the contract, will remain our property, as well as the right to use them.
7.2 The other party always warrants us that the use of data or other things supplied by the other party shall not put us in contravention of statutory regulations or protected rights of third parties.
7.3 The other party indemnifies us in full for all direct and indirect consequences of claims third parties are allowed to lodge under breach of the warranty set out in paragraph 7.2.
7.4 At all times, we reserve the copyright on all software developed by us, whether at request or not.
8.1 ENGINYRING's liability for damages arising from our services is limited as follows:
8.2 The liability limitations set forth in Section 8.1 represent the maximum liability of ENGINYRING under this agreement to the fullest extent permitted under applicable Romanian law.
8.3 Even if the other party or a third party makes changes in the software we developed or the hardware we provided, our liability remains as stated in 8.1, unless such changes directly caused the damage.
8.4 We can never be held responsible for the contents of any file the other party or a third party placed on the internet. We also cannot be held responsible for the consequences that might arise from the viewing or executing by the other party. We expressly reserve the right to remove offensive, discriminatory or injurious texts from the internet and notify this to the relevant government authorities. In case of repeated offence, we reserve the right to remove the other party's internet access.
8.5 The service credits detailed in the Service Level Agreement (Section 22) are the client's sole and exclusive remedy for any service interruptions or performance issues.
8.6 For Business Clients, any claim for damages must be notified to us in writing within 30 days of the event giving rise to the claim. Failure to provide such notice within this timeframe constitutes an irrevocable waiver of any such claim.
9.1 Except for the express commitments set forth in the Service Level Agreement (Section 22), the Services are provided "as is" and "as available" without any warranties of any kind, either express or implied.
9.2 To the fullest extent permitted by law, ENGINYRING expressly disclaims all other warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or completely secure.
9.3 For Consumers, this disclaimer does not affect your mandatory statutory rights, including the legal guarantee of conformity.
10.1 Any complaints can only be considered if such complaints are received by us directly in writing within 3 workdays of delivery of the performance in question, accompanied by a detailed account of the nature and basis of the complaints.
10.2 Complaints about invoices must be submitted in writing within 14 workdays after the invoice date.
10.3 After the above-mentioned terms have lapsed, the other party will be deemed to have approved the goods delivered or the invoice, in which case ENGINYRING will no longer handle any complaints.
10.4 If the complaint is considered by us to be valid, we will be obliged to only deliver the agreed performance as yet.
10.5 If the complaint is considered to be valid, the liability of the other party will be suspended until such time as the complaint is settled, but with the proviso that this only includes the part of the invoice to which the complaint is considered applicable.
10.6 Return of the delivered goods can only take place after our prior written consent, on the conditions to be determined by us.
10.7 For Consumers, the complaint procedure does not affect their statutory rights under Romanian consumer protection laws.
11.1 All goods and software delivered continue to be our property until such time as the other party has paid for all our deliveries and work performed and/or deliveries and work still to be performed under the agreement, including interest and costs.
11.2 In case of suspension of payments, bankruptcy, moratorium, liquidation of the other party, or death when the other party is a natural person, we are entitled to the order without notice or judicial intervention, wholly or partially cancel and the unpaid portion of the delivered recovery.
11.3 Dissolution and recovery of the goods do not diminish our right to compensation for loss or damage. In these cases, any claim against the other party will be due immediately and in full.
12.1 Access, hosting, cloud subscriptions and agreements for related internet services, including service contracts, are invoiced monthly, unless agreed otherwise.
12.2 Domain names are invoiced per calendar year, in advance.
12.3 Payment is due within 14 days after the invoice date, without any discount, deduction or suspension, by one of our support payment methods. The currency date on our bank statements shall be decisive and be taken as the day of payment.
12.4 All payments made by the other party are first used to defray any interest and collection charges incurred by us and after that, to settle the oldest outstanding invoices.
12.5 In the event the other party:
- is declared bankrupt, requesting a moratorium, or if its capital is seized in whole or in part,
- is placed under guardianship or dies,
- fails to meet any of the obligations under the agreement and/or these terms and conditions,
- neglects a due invoice amount or part of it within the deadline,
we have the right, by the mere occurrence of one of the aforementioned circumstances, to declare the contract dissolved, and to suspend the provision of our services, and to claim any amount owed by the other party on the grounds of work carried out and/or deliveries made by us in full immediately and without any warning or notice of default being necessary, and to reclaim the delivered goods which have not (yet) been paid as our property, all without prejudice to our right to compensation of cost, loss and interest.
12.6 If the payment is not made within the time specified in 12.3, the client is legally in default as of the invoice date and owes statutory interest on the outstanding amount.
12.7 All judicial and extrajudicial costs to be incurred for collecting overdue payments shall be charged to the client. The extrajudicial costs will be calculated in accordance with the applicable Romanian legislation regarding debt collection and recovery of claims.
12.8 Payments made for new orders are refundable within 14-days according to Romanian law. Any damage or usage of the service will be calculated and deducted from the refund. Custom orders, including services that require manual labour like dedicated servers are excluded for refunds unless an agreement is made.
12.9 For recurring services, we will notify you at least 7 days before charging your payment method for each billing cycle.
13.1 Access, hosting, cloud subscriptions and agreements for related internet services, including service contracts, concluded for a definite period, can only be terminated by the end of the period for which they have been entered, by written notice and according to the minimum term of notice of a month. Without a timely notice, these contracts are deemed to have been tacitly renewed for the same period of time as earlier conclusions, according to the conditions employed by ENGINYRING for comparable contracts at the time of the tacit renewal.
13.2 Access, hosting, cloud subscriptions and agreements for related internet services, including service contracts, concluded for an indefinite amount of time can only be terminated by the end of every month, by written notice and according to the minimum term of notice of a month.
13.3 Agreements regarding registration and exploitation of internet domain names can be terminated by written notice by the end of every calendar year, in accordance with a term of notice of a month.
13.4 ENGINYRING may terminate any concluded agreements with the other party after the end of the contract billing cycle with 30 days prior written notice, providing a reasonable explanation for such termination.
13.5 Notwithstanding that which has been provided in the previous articles, ENGINYRING can terminate any concluded agreements with the other party at any time by written notice if the other party acted in conflict with the concluded agreements or the Acceptable Use Policy adopted by ENGINYRING, or otherwise harms the interests of ENGINYRING in such a manner that continuation of the relationship cannot be reasonably expected from ENGINYRING.
13.6 In case of termination by ENGINYRING under Section 13.5, we will provide the client with a reasonable opportunity to retrieve their data, as described in Section 23 (Data Backup and Retrieval).
13.7 For contracts with Consumers, automatic renewal for fixed-term contracts will only occur after sending a renewal reminder at least 30 days before the renewal date, with clear instructions on how to cancel.
14.1 All our offers, agreements and their implementation are subject to Romanian law only.
14.2 Any dispute, including any disagreement which only one party considers to be a dispute, resulting from or related to the agreement to which these terms and conditions apply or the related terms and conditions themselves and their interpretation or implementation, both in factual and legal terms, will be settled by the competent courts in Romania.
14.3 Before resorting to litigation, parties agree to first attempt to resolve any dispute through negotiation or mediation. For Consumers, this does not affect their right to bring the matter directly before the competent courts in Romania.
15.1 Users are strictly prohibited from engaging in any illegal, harmful, or abusive activities while using our services as detailed in our Acceptable Use Policy.
15.2 Users are solely responsible for all content they upload, share, or transmit using our services.
15.3 ENGINYRING reserves the right to determine, in its sole discretion, what constitutes a violation of our policies.
15.4 Users must comply with all applicable local, national, and international laws, regulations, and treaties while using our services.
15.5 ENGINYRING reserves the right to report any suspected illegal activities to appropriate law enforcement authorities and to cooperate fully with such authorities in the investigation of alleged unlawful activities.
15.6 By default, SMTP(s) traffic is blocked on all virtual and dedicated server plans. At the client's request, this restriction may be temporarily lifted only upon successful completion of comprehensive KYC validation or upon agreement to a fee of €20 per month, which is intended to cover potential expenses incurred from RBL blacklisting. Should the client, after the block is lifted, engage in any bulk mailing activities (whether classified as spam or not), the SMTP(s) block shall be permanently reinstated on the affected service.
15.7 Any subsequent abuse of the service for bulk mailing - following the unblocking - will entitle ENGINYRING to refuse any future requests for lifting the SMTP(s) traffic restrictions on all of the client's services.
15.8 ENGINYRING has established a dedicated abuse reporting mechanism as required by Romanian law. Reports of illegal content can be submitted to abuse@enginyring.com or through our online reporting form. Reports will be processed promptly, and we will take appropriate action as required by law.
16.1 The user agrees to indemnify, defend, and hold harmless ENGINYRING, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to:
17.1 While ENGINYRING does not actively monitor user content, we reserve the right to do so at any time.
17.2 ENGINYRING may take any action deemed necessary to protect our network, services, and reputation, including but not limited to removing content, suspending or terminating accounts, or reporting illegal activities to appropriate authorities.
17.3 We maintain a transparent notice and action mechanism for handling reports of illegal content as required by Romanian law. When we receive a sufficiently substantiated notice about illegal content, we will act expeditiously to remove or disable access to that content.
17.4 When content is removed under Section 17.3, we will inform the content provider of the removal, provide a statement of reasons, and information about available redress mechanisms, except where prohibited by law or where doing so would interfere with the prevention or detection of crime.
18.1 To the extent permitted by applicable law, ENGINYRING's liability is governed by the provisions set forth in Section 8 (Liability).
18.2 ENGINYRING shall not be liable for service interruptions that remain within the parameters of our Service Level Agreement (Section 22).
18.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Romanian law.
19.1 ENGINYRING will cooperate with law enforcement and legal authorities as required by law.
19.2 We may disclose user information when legally compelled to do so, including in response to court orders, subpoenas, or other valid legal processes.
20.1 ENGINYRING reserves the right to modify, suspend, or discontinue any part of our services with prior notice as follows:
20.2 For scheduled maintenance, we will provide advance notice of at least 48 hours, except in cases of emergency maintenance required to address security vulnerabilities or service stability issues.
21.1 ENGINYRING reserves the right to modify these Terms of Service from time to time. For commercial clients, any modifications shall become effective upon posting the amended Terms on our website, and your continued use of our services after being notified of the changes will constitute acceptance of the revised Terms.
21.2 For Consumers, ENGINYRING will notify you of any material modifications at least 30 days prior to their effective date. If you do not agree with the changes, you may terminate the contract without penalty within this notice period.
21.3 It is your responsibility to review these Terms periodically to remain informed of any changes.
21.4 We will maintain an archive of previous versions of these Terms, which will be available upon request.
22.1 Service Level Agreement (SLA)
22.2 Technical Support Levels
22.3 Support Scope: Our technical support covers service availability, network connectivity, and hardware issues. Application-level support is limited to environments and applications directly provided by ENGINYRING.
23.1 ENGINYRING performs regular system backups for disaster recovery purposes. However, these backups are not intended as a client backup solution.
23.2 Clients are strongly advised to maintain their own regular backups of all data stored on our services.
23.3 In the event of service termination:
23.4 ENGINYRING reserves the right to charge a reasonable fee for extensive or repeated data restoration requests that are not the result of our system failures.
23.5 The client acknowledges that they are solely responsible for maintaining adequate backups of their data. ENGINYRING shall have no liability whatsoever for any loss, corruption, or destruction of client data, regardless of the cause.
24.1 ENGINYRING processes personal data in accordance with applicable Romanian data protection laws.
24.2 Our detailed Privacy Policy, which can be found at https://www.enginyring.com/privacy, forms an integral part of these Terms and describes how we collect, use, and protect your personal data.
24.3 ENGINYRING acts as a data processor for any personal data that you upload, store, or process using our services. As the data controller, you remain responsible for compliance with applicable data protection laws.
25.1 If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.
26.1 ENGINYRING implements reasonable security measures to protect our systems and your data.
26.2 If you discover a security vulnerability in our services, please report it following our Responsible Disclosure Policy.
26.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.