Terms of Service

Terms & Conditions

Updated at 09.01.2022



Definitions:

Client: Any individual or Business Entity who places an order from us.

Provider: HUBFLAKE SOLUTIONS S.R.L., a legal Business Entity registered in Romania, EU, National Trade Register number: J40/21897/2021, Unique Identification Number (CUI): 45357560, based in Bucharest, Bd. 1 Decembrie 1918, nr 20, Sector 3, Romania.

Service: Any service provided by HUBFLAKE SOLUTIONS SRL that is going to be delivered to the client.

Order: The agreement between the Client and Provider. Us, the Provider, ensures to deliver the service, and the client is obeyed to pay the value of it.

Contract: An order which is confirmed by the Provider.

 

Making the order:

Customers undertake to enter complete, correct and realistic data in the order form. HUBFLAKE SOLUTIONS SRL cannot be held liable for any damages caused by incorrect or incomplete provision of information by customers.

The customer agrees to pay the value of the services offered by HUBFLAKE SOLUTIONS SRL in advance for the period in which they are provided.

 

Prices, payment terms and suspension of service:

HUBFLAKE SOLUTIONS SRL reserves the right to change the prices displayed on the website, but also the right to change the characteristics of the services offered.

HUBFLAKE SOLUTIONS SRL does not offer price guarantees or refunds in the event of a price reduction or a promotional offer after the purchase.

Penalties of 1%/day may be charged for each day of late payment after the due date.

HUBFLAKE SOLUTIONS SRL has the right to permanently delete all data of the related services after 5 days from the due date of payment for services, if the payment is not done after this period, the contract will be terminated automatically without the need to complete any other formality.

HUBFLAKE SOLUTIONS SRL will be able to reopen the closed accounts for unpaid services only after full payment of all amounts due by the customer, but it is not guaranteed that the data or backups stored on HUBFLAKE SOLUTIONS SRL equipment have remained intact.

If the customer realizes that he has been billed incorrectly, he is able and recommended to contact us as soon as possible to correct the error. The customer has a maximum of 30 days in which he has the right to report this type of error. When this deadline is exceeded, the invoice is considered correct, so the customer does not have the right to report the error anymore.

 

The right for refund:

Each customer benefits from a 5-day warranty. If during this period you are not satisfied with the quality of the service provided, you can request and receive back the full amount payed. The 5-day money back guarantee does not apply to the purchase of services for more than 30 days in advance.

If the suspension of the account is due to the violation of the terms and conditions by the customer, the refund will not be honored.

Payment refund guarantee does not apply and will not be made if at least 50% of the storage space allocated to the hosting account, which is the subject of the refund request, has been used.

The refund request is sent ONLY by e-mail to [email protected], or through the customer area, by making a Support Ticket to the Payments department.

The application must include the order / invoice number and the bank account in the name of the customer account holder. Requests that do NOT include this information will be ignored.

HUBFLAKE SOLUTIONS SRL may refuse to cooperate with customers who have abused the right to cancel the purchase.

 

Closing the account

The customer can cancel his account by contacting us through a ticket at the Payments department. The customer account can be canceled at any time, if all invoices have been paid.

HUBFLAKE SOLUTIONS SRL or the customer may terminate the agreement (without prejudice to other rights) if one of the parties involved violates the agreement.

 

Service availability

Service availability is measured for one calendar month, excluding maintenance periods. Maintenance periods will be scheduled as much as possible between 00:00 and 06:00 and will be announced at least 24 hours before they are performed.

Under normal operating conditions, the guaranteed availability of the service is 99.8%. In exceptional circumstances (such as wars, social or political instability, natural disasters, government action, prolonged power outages, unavailability of communications, or other completely uncontrollable external causes) HUBFLAKE SOLUTIONS SRL cannot guarantee uptime for the services offered.

 

Customer responsibilities

The customer is responsible for updating the contact information and billing information mentioned in his account. HUBFLAKE SOLUTIONS SRL does not have any responsibility for damages caused by the customer not performing the necessary updates.

The customer is responsible for keeping the customer account secure. If there is any doubt in this regard, the customer must change or request the modification of the authentication data by contacting the support team.

HUBFLAKE SOLUTIONS SRL cannot be held liable for damages caused by the temporary unavailability of the services, regardless the reason for this. This also includes damages resulting from corruption or loss of data. The customer agrees to guarantee and consider HUBFLAKE SOLUTIONS SRL as exempt from any fault in connection with any claims, damages, including, but not limited to, damages caused to third parties, resulting as a consequence of using the services causing damage, by the customer.

The customer agrees to assume responsibility for any compensation or claim from third parties by HUBFLAKE SOLUTIONS SRL, as a result of the misuse of the services contracted by the customer, HUBFLAKE SOLUTIONS SRL being exonerated from any fault.

 

Majeure Force

Neither party will be responsible for any delays in it's actions or inactions governed by these Terms of Services if they are caused by phenomena out of it's control including but not limited to acts of war, state Government actions, internet disruptions, destructive natural phenomena, embargoes, sabotage, work conflicts.

When invoking the Force Majeure, the Company and/or the Client must:

- notify the other party;

- must make all reasonable diligences to limit the effects of the incident.

If the Company fails to provide its services to the Client for a timespan of over 30 days, the Client may choose to end the commercial agreement binding the two parties. The Company will not be in any way liable should such incident would occur.

 

Applicable law

The contract is subject to Romanian law. Any disputes that arise between HUBFLAKE SOLUTION SRL and the client will be settled amicably. If the disputes cannot be settled amicably, they will be resolved by the Romanian courts within the Municipality of Bucharest.

 

Service Resale

The Client agrees not to reproduce, multiply, copy, sell, resell any service or service component without the Company's prior consent.

 

Service Use Policy

The services offered by HUBFLAKE SOLUTIONS SRL will be used only for lawful and moral purposes, any activities that may be considered illegal or likely to interrupt, hinder, affect access to the own infrastructure of third parties, are strictly prohibited.

The following activities or similar activities are PROHIBITED:
-
uploading virus-infected, corrupt, pirated, or any other software files that may harm third parties
-
any intervention on the service provided to a client, on a server or networks such as: DoS / DDoS attacks, mail spamming, other system overload actions
-
use of our services for the distribution or creation of computer viruses, worms, flooding, or any type of malicious attack
-
restricting or preventing another user from using any service offered by HUBFLAKE SOLUTIONS SRL

HUBFLAKE SOLUTIONS SRL complies with the legal provisions and will cooperate with any institution, authority or organization that comes with a reasonable notification of legality.

In conclusion, the use of our services in illegal or immoral activities is strictly prohibited, and may lead to suspension or deletion of the customer's account and legal issues.

Final provisions

Depending on the service provided by the customer, HUBFLAKE SOLUTIONS SRL may conclude additional contracts in addition to the terms and conditions listed above, in which case the parties will agree the conditions thus established. The terms and conditions of a general framework contract, which may be subsequently amended by agreement of the parties, by signing additional contracts or annexes. HUBFLAKE SOLUTIONS SRL reserves the right to create a customer to third parties without prior notice.

We reserve the right to change these Terms and Conditions at any time and at any time. We recommend that you reread this page periodically.

Contact us

Don't hesitate to contact us via e-mail ([email protected]) if you have any questions.