Terms and Conditions - iFlow.ro Usage Agreement

1. The Contracting Parties

S.C. Electronista S.R.L., with its headquarters in Alba Iulia, jud. Alba, st. Calea Moților, number 186 A, registered with the Trade Registry Office under the number J01/141/2010 CUI 26676481, tax attribute RO, telephone number: +40 0770834061, email: [email protected] represented by Mr. Oprea Radu – Administrator, the www.iFlow.ro platform operator in the quality of Provider and the Client, with their identifiable data from the www.iFlow.ro platform have agreed to the following: This represents the contract proposed by S.C. Electronista S.R.L. and has to be accepted before making an account on www.iFlow.ro Any confirmed payment by the client, done by accepting the Terms and Conditions of www.iFlow.ro represents an agreement on the client’s part of receiving the offers from S.C. Electronista S.R.L. under the terms of art. 9 from the law of electronic commerce 365/2002. Checking the box represents an online signature, stated by art. 4 line 3 of the law of electronic signatures 455/2001, having the same significance as a holographic signature. Definitions: iFlow.ro – the online website, as well as the services provided by the aforementioned site under its online domains and subdomains. Services – any and all the services that are available through the medium of www.iFlow.ro, especially those that require access to the time-tracking and HR management app for a company, synchronising the client’s data, technical support, data backup from every type of device – from anywhere through the use of the internet, the offer of services under the form of a monthly or yearly subscription, according to the client’s preferences. ProvideriFlow.ro Client – legal entity who makes a payment on the www.iFlow.ro site or registers as a user. User – a natural person over the age of 16 or legal entity registered on the website, who, through finalizing the creation process of their account, has agreed to all the clauses and policies from the Terms and Conditions. Account – a section within the site which contains the email address and password that allow the client to use the app to timekeep the worked time in a company. The user is responsible for filling in his accurate and updated details into the account. Payment – obtaining any services listed on www.iFlow.ro requires payment if the client wishes to benefit from any of the services. Visitor – a natural person who visits www.iFlow.ro, without having registered for any services or made payment. Contract – represents the legally binding agreement between the provider and the client, done without requiring the physical presence between either.

2. The Object and agreement of the Service Providing Contract

2.1. The present Service Providing Contract applies to all payments and accounts made through the www.iFlow.ro website. The client is responsible for reading and agreeing with each policy and clause before creating an account. Every payment made and creation of account implies the direct agreement from the client of each clause and policy of the contract. By checking the “I have read and agreed to the Terms and Conditions” box, the client signs the contract. 2.2. Electronista S.R.L. reserves the rights to modify and change the present policies and clauses at any given point in time. The applicable version is the one that is currently being stated on www.iFlow.ro when any purchase is made. 2.3. As the provider of the site www.iFlow.ro, Electronista S.R.L. provides services of time-tracking the worked time in a company, synchronizing the client’s data from his account, data backup from any device and from anywhere with an internet connection – through the offer of an online monthly or yearly subscription. 2.4. The services can be accessed through a series of interfaces: the desktop application (which can be installed on Windows, Linux, and Mac devices), the Android application and the web browser. 2.5. The monthly or yearly payment for a subscription is pre-established by Electronista S.R.L., according to the needs of the client and the duration of the subscription. A monthly subscription is 0,5€ per employee without VAT. Any updates made to the app are granted to the client free of charge. Moreover, the client can receive technical support throughout all the duration of their subscription. For more details, contact Electronista S.R.L. via email or phone. The client’s payment represents his agreement to the prices offered by Electronista S.R.L. for the iFlow app. 2.6. The current contract is paired with and needs interpreting alongside the Privacy Policy of www.iFlow.ro.

3. Duration of the contract

3.1. The current legally binding contract can be concluded after an indefinite time after the date of the agreement. 3.2. Immediately after the payment for the chosen subscription is made, the client gets access to the services provided from the subscription after the invoice has been confirmed by the provider. You can cancel the order before payment is made. Any errors made by the client can be corrected by sending an email at [email protected] or calling +40 0770834061 from Monday to Friday between 10 AM – 5 PM before the invoice is confirmed. 3.3. If the client wants to change the type of subscription they have while another subscription is active, it can be done. An upgrade in their subscription will adjust within two workdays after the sum difference is paid. A downgrade in the package will take effect only after the active subscription finishes and new payment, for a smaller package, is made. 3.4. Electronista S.R.L. offers every client a 30 day trial period to test the app. At the end of this trial period, the client can opt for a monthly subscription. If the client does not wish to continue using these services, the access to the app can be terminated definitively, and the data will be wiped automatically within 60 days. The client has the possibility to ask for the immediate removal of their data, in which case it will be done within two workdays.

4. Payments, refunds, cancellations

4.1. The contract’s value and making payment

4.1.1. The monthly or yearly prices for a subscription are pre-established by Electronista S.R.L. per the client’s needs and the duration of the services. A monthly subscription’s price is 0,5€ per employee without VAT. Any updates made to the app are granted to the client free of charge. Moreover, the client can receive technical support throughout all the duration of their subscription. For more details, contact Electronista S.R.L. via email or phone. The client’s payment represents his agreement to the prices offered by Electronista S.R.L. for the iFlow app. 4.1.2. For the services provided, the client has to pay Electronista S.R.L. a monthly payment according to the subscription they opted for. 4.1.3. Electronista S.R.L. will notify the client regularly according to the subscription they have chosen, and according to the notifications, the client can make payment through bank transfer. 4.1.4. The client can ask for a refund for the subscription they have paid for, within 60 days since the date of the invoice.

4.2. Payment methods

To pay for the chosen subscription, pick one of the following methods:

  • Bank Transfer: Payment order, Internet Banking, Cash Deposit
  • Payment by Card: Visa, Mastercard
  • PayPal

4.3. Policy on cancellations and refunds

If the timekeeping app does not meet your demands, you can ask for a refund within 60 days from the invoice date. Send an email at [email protected] to ask for a refund. You will then get an email confirming the refund, afterward, the paid sum will be reimbursed into your registered bank account within ten days. After the amount has been reimbursed, the client’s iFlow account will be deleted alongside all its data.

5. The availability of iFlow’s services and using the app

5.1. The availability of iFlow’s services

5.1.1. Electronista S.R.L.’s offers concerning the pricing for services is only available while it is still being shown on www.iFlow.ro. Any contractual agreements will be met swiftly as soon as the client registers on the website. 5.1.2. The client is responsible for updating their data as soon as any changes occur. Electronista S.R.L. is not liable for any damages that might appear in cases where the email address declared can not be accessed. 5.1.3. Accessing iFlow is possible only until giving up on the services offered or/and having the account deleted, no matter the technological progress or changes. This type of access is an assembly of any legislative changes implementations, updates regarding the availability of services, and technical support offered via email or telephone. 5.1.4. Electronista S.R.L. makes full efforts to provide its services on www.iFlow.ro permanently, but they can not guarantee the availability of their services only in the measure of 99.8%. The availability period does not include any maintenance that has been foretold via email, or through its services, however, it does include the unannounced maintenance periods. As a result, considering the need for a stable internet connection necessary for the availability of its services, possible technical and systemized issues that might occur, Electronista S.R.L. is dilligent to maintain the percentage as mentioned earlier of availability of service. 5.1.5. If the desired services are no longer available due to attributable reasons to Electronista S.R.L., the client can export all of their documents in PDF format, the product, and customer listings in table sheets. If the desired product or services are no longer available due to reasons attributable to the client (breaking the contract, and so on), Electronista S.R.L. shall try to offer, with no guarantees, the client access to export his documents in PDF format, their products, and client listings in table format. Electronista S.R.L. takes no responsibility for how the information provided can be uploaded on other operating systems. 5.1.6. Moreover, Electronista S.R.L. makes considerable efforts to assure the confidentiality of the client’s data from the user’s account or used in the iFlow app.

5.2. Using the iFlow app

5.2.1. Through the current contract, but also the iFlow agreement, the provider offers the client, and only the client, the non-exclusive license to use the iFlow app and its services, and only after registering on www.iFlow.ro. 5.2.2. The app can not be transferred, sold, given up, sublicensed through other means, without having the provider’s written agreement.

6. The rights and duties of each party

6.1. The rights and duties of the client

6.1.1. The client is solely responsible for the entirety of the content on their profile and the violation of any law or third party’s rights. 6.1.2. The client is responsible for using the services provided by Electronista S.R.L. in full legality and knowing the legal provisions regarding the domain of activity they carry out. 6.1.3. The client is responsible for respecting all the copyright laws and data protection laws regarding all the data that appears in the system. 6.1.4. The client is responsible for creating, customizing, managing the accuracy and legality of the automatized reports provided by Electronista S.R.L. 6.1.5. The client has to process the personal data in regards to the current law and legislation and must respect the law in this regard. Whereas, Electronista S.R.L. can not be held responsible for any violation of the law and of a third party’s rights. 6.1.6. The client has the right to add any users to their account with different access rights, partial or total. Moreover, they can delegate their tasks to one or more of their users. 6.1.7. The client is responsible for understanding and agreeing to the Terms and Conditions of www.iFlow.ro.

6.2. The rights and duties of Electronista S.R.L.

6.2.1. Electronista S.R.L. offers:

  • The access to the technical platform necessary for creating, customizing, managing of the emitted documents with the help of the iFlow app
  • Technical support from Monday to Friday in the interval between 10 AM to 5 PM for any problems or inquiries relating to the app
  • Weekly data backup
  • Connection to the system in a secure system protocol (https)
  • The synchronization of the user’s data so that it is possible to access it from any device, at any time, from anywhere with an internet connection. The services provided by Electronista S.R.L. do not work or barely work in offline mode.

6.2.2. www.iFlow.ro acts as a host for all the content added by the client, in accordance with the 365/2002 law of Online Commerce. At the same time, a limited part of the data is stored on the client’s computers. However, there is no data stored on mobile devices or through the web browser. Electronista S.R.L. is not responsible for the loss of the client’s account password or any other activity that compromises the client’s account. If Electronista S.R.L. receives a notice to any illegal activities made by any of the clients, they reserve the right to suspend the account or block the client’s access to it. 6.2.3. Every client will have a system of users to which they can delegate a set number of rights in accordance with the site’s functionalities. The client bears any responsibility for the violation of the current contract and the points from line 2.6. of the current contract, and also the violation of the law by any of its users. 6.2.4. Data backup happens weekly, the client having access to the previous versions through the Cloud service. 6.2.5. Electronista S.R.L. does not monitor or control any of the client’s data and reports. 6.2.6. Electronista S.R.L. offers the rights of use(license) that’s non-exclusive and unlimited to the time and space of using the app from www.iflow.ro. 6.2.7. Electronista S.R.L. has the right to collect anonymous data pertaining to the use of its app and services, and to make them public in an agreeable manner.

7. Registering, passwords, and the security of the client’s data (GDPR)

7.1. Making an account on www.iFlow.ro is free. 7.2. No data transmission through the internet can be 100% safe. As a result, despite the provider’s efforts to protect the client’s information and data, and despite the site’s usage of a secure protocol (https), Electronista S.R.L. can not assure or guarantee the safety of the client’s information. As a warning, any information that is sent is made at the client’s risk. 7.3. Any unauthorized access to the private sections of www.iFlow.ro or any unauthorized person’s access into the hosted account represents a violation of the law and will be sanctioned by the current Romanian legislation.

8. Contractual responsibility

8.1. The client guarantees the accuracy of the data filled into the app and bears sole responsibility for the way they use the services provided by Electronista S.R.L. Moreover, the client takes responsibility for the way they configure the user system for access to their account and their behavior. 8.2. The client is responsible for the information provided to www.iFlow.ro and its accuracy in a comprehensive manner, as well as keeping it updated. 8.3. Electronista S.R.L. is not held accountable for the way the client uses its app and services in illegal or immoral methods. 8.4. The client agrees to be solely responsible and to compensate Electronista S.R.L. for any damages, costs, or profit limitations that arise as a result of any fraudulent actions on its part. Through the current contract, the client accepts and understands that Electronista S.R.L. will transmit their data to any investigative bodies if they receive any reasoned request from an authorized public institution. 8.5. Although the provider makes constant efforts to assure the quality and accuracy of its public messages on the website, Electronista S.R.L. can not guarantee, implicitly or explicitly, concerning the content, services, and products under its aegis. Electronista S.R.L. can not be held responsible for any damages or errors that can come up directly or indirectly, any profit loss directly or indirectly (including, but not limited to this listing: any damages to the loss of profit, terminating businesses, or any other pecuniary damages) suffered as a result of using or of interrupting use of regular information and services provided by the website. 8.6. Electronista S.R.L. does not guarantee the accuracy or correctness of the current information provided by the functions on its website.

9. Termination of contract

The current contract ceases in the following cases:

  • The parties agree to terminating the contract
  • The repeated failure to perform contractual obligations by either of the parties
  • The unilateral decision of one of the parties, transmitted through writing to the other party; the cessation receipt must be sent at least 30 days in advance to the established date of collaboration end
  • In case of dissolution, liquidation, bankruptcy, the withdrawal of authorized functioning of one of the contract’s parties.

10. Exemption from liability

Electronista S.R.L. will not be liable for any moral or material damage, any damages or costs that can come up due to the lateness of payment that is the responsibility of the client. Any breach on the client’s part of any legal obligations that Electronista S.R.L. is owed falls solely on the client’s shoulders.

11. Confidentiality

11.1. None of the contractual parties has the right, without the written consent of the other party to:

  • Make any private information known to a third party, except those involved in the performance and executing the contract
  • Use any confidential information or any data that they have access to during the contract’s execution, in any other purpose than that of performing his contractual duties. Any sensitive information has to be marked by the party, which invokes them as being confidential.

11.2. The previous restrictions are not applicable if:

  • The data had been known by one of the contractual parties before being received in the present contract
  • The information had been publicly available
  • The party concerned had to make the information known by a legal disposition.

12. Force majeure

12.1. Force majeure exempts both parties from liability, in case of partial or total failure to fulfill the obligations of this contract. Force majeure means an 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 obligations assumed. 12.2. The party that invokes force majeure has the duty of making it known to the other party, in writing, in at most five days since its apparition. 12.3. The party that invokes force majeure must make it known to the other party the cessation of its cause in at most 15 days since its end. 12.4. If these events and its consequences last more than two months, both the parties can cease the contract for the future. In this case, neither party has the right to ask for compensation from the other, but they have the duty to honor all their obligations to this date.

13. Governing Law

13.1. The rights and duties of the concerning parties in the current contract, as well as all the legal effects that it produces, will be interpreted and governed by the present Romanian law. 13.2. Any dispute that has the current contract as its primary reason will be solved amicably. If the amicable solution is not possible, an arbitrator will be brought to settle the case. In case the parties cannot come to terms with choosing an arbitrator within 15 days since the notification of the dispute, the dispute will be settled by the Romanian courts from the headquarters of Electronista S.R.L.

14. Final Provisions

14.1. The parties have to declare that they have negotiated the clauses of the current contract and that they are in agreement through the signing of it; any previous agreement does not represent any legal means between them. 14.2. The current deal may be amended only by the agreement of both parties and the inclusion of a new act to the contract. 14.3. Any notification to Electronista S.R.L. has to be sent at [email protected] through the online medium. 14.4. The Terms and Conditions have to be interpreted alongside the Privacy Policy of iFlow, and they have to obey the current laws in Romania.