Terms and Conditions

1. Preamble (terms and conditions)
This agreement regarding “Terms and conditions of use of the web hosting service” (hereinafter referred to as “the agreement”), establishes the conditions under which any person can visit or access the gigashost website (hereinafter referred to as “the website”) or can use the service of web hosting (hereinafter referred to as the “service”), and has the value of an agreement concluded between GIGAS HOST SRL (hereinafter referred to as the “provider”), in its capacity as owner and administrator of the site and provider of the service, and any person who visits or accesses the site or wishes to use in any way or actually uses the service (hereinafter referred to as “the user”).
Non-acceptance of this agreement or any of its provisions entails the respective person’s obligation to immediately stop accessing the site or using the service in any way, and continuing to access or visit the site, open an account or use the service in any way constitutes an acceptance in its entirety of the convention and any of its provisions, including any subsequent changes that may be made without restrictions by the supplier, without any other formality being necessary.

2. Content publication policies
It is forbidden to publish on the provider’s servers content or references (links) to such content that: (1) infringes or damages in any way the intellectual property rights of other people or other rights; (2) have obscene or pornographic or violent content; (3) contain defamatory or libelous content; (4) have racial or discriminatory content; (5) contain viruses, Trojan horses or similar; (6) contain pirated software or are addressed to those who pirate software or practice any similar activities.

3. IRC
It is forbidden to operate IRC (Internet Relay Chat) or IRC robots on the Provider’s servers, or to host on the provider’s servers any file related to IRC or any similar files.

4. PROXY Servers
The use of proxy servers in carrying out the activity on the provider’s servers or the hosting of proxy servers on the provider’s servers is prohibited.

5. Email
It is forbidden to send unsolicited e-mail messages (also known as SPAM or UCE) by users, using the service or an e-mail address managed from another system that contains references to the users’ site, if this site is hosted by GIGAS HOST SRL.
It is forbidden to send newsletters by users of shared hosting accounts.

6. Illegal activities
It is forbidden to use in any way the gigashost system, the site or the service for carrying out any illegal activities or related to illegal activities, including but not limited to breaking into other systems, credit card fraud, theft, threats or violence, as well as any attempt to undermine or cause damage to a gigashost server or a gigashost user.
Users assume the obligation not to introduce any kind of viruses on the site or in the gigashost system and to refrain from any kind of “flooding”, “spamming”, “mailbombing” or “crashing” actions, as well as from when sending unsolicited messages to any other user.
It is also prohibited for users to use any devices or computer programs or any other means that can lead to modifying the operation of the site or the service or to preventing or disrupting their operation in any way.
Users assume the obligation not to use the information or facilities offered by the site or service for any purposes contrary to the interests of the provider or other users, and not to access the database used without the express authorization of the provider or in other ways than those permitted by the provider for the provision of the service.
In case of violation of these provisions, the Supplier reserves the right to suspend / close the accounts of those who are guilty of illegal activities. At the same time, the Provider can proceed to delete all data from the server, being able to refuse in such situations the requests for the return of the rates for the period in which the service was not provided because the account was suspended / closed for carrying out illegal activities. The provider has the right to retain the sums of money received from the user as a sanction for violating this user agreement.

7. Information and materials
In all situations in which they use in any way or post information or materials on their own sites, users assume the obligation not to prejudice in any way the copyrights that a third party could invoke in connection with the respective materials and information. Users are solely responsible for the materials and information posted on their own sites or for opinions of any kind expressed in any areas of their own sites. The users understand and accept that the violation in any way of the previous provisions cannot engage the responsibility of the supplier in any way, but only the responsibility of the users.

8. Hostname and IP address
The provider is and will remain the sole owner of all IP addresses in the provider’s network. Users do not have the right to modify the TCP/IP configuration or to use configurations that have not been assigned to users by the provider. The provider reserves the right to change the IP addresses assigned to users during the period of updating the network, providing security or any network migration service.

9. Payment of fees for the provision of the service
All and any tariffs (taxes) mentioned in the agreement or in any related documents are expressed in EUR, USD or RON, and their payment must be made on the day of invoicing.

10. Fiscal framework
GIGAS HOST SRL will provide you with all the documents related to the registration of domains or the purchase of web hosting accounts. We issue tax invoices for all services purchased by our clients.

11. Invoices
From the moment you placed the order, you receive the login data for the accounting system and the proforma. After you have paid the proforma, you will instantly receive the login data for the control panel and the invoice.
After the supplier issues the invoices, users can obtain these invoices by accessing the gigashost accounting system.

12. Ways of paying the rates for the provision of the service
User accounts for which payment to the supplier of the rates (fees) for the provision of the service is made by bank transfer, card and paypal will be set and activated only when the proof has been received by the supplier or when the user has been sent by e-mail proof of forwarding the payment order.
In all cases, the provider has the right to establish in a discretionary manner, whenever it deems necessary, that the setting and activation of user accounts will be done only when the provider will have collected the amount corresponding to the tariff or the provider’s bank account will have been credited with this amount, the operation being confirmed to the supplier by his bank.

13. Payment terms
Depending on the regularity with which orders are made, users have different payment terms available.
For new orders, the payment term is 7 days. If at the expiration of this term the user has not paid the order, then the measures from art. will be taken against him. 14 of this agreement.
For any payment that does not involve a new order (eg: hosting packages, domain extension, etc.), the due date of the invoices issued by the Supplier is 30 days. Exceeding this term gives the Supplier the right to apply the sanctions provided for in art. 15 of this agreement.

14. Account suspension for non-payment of fees
The accounts of users who have not paid the fees for the provision of the Service within the term stipulated in the Agreement will be suspended until the confirmation of payment or until the date of payment, as mentioned in the article regarding the methods of payment of fees. The reactivation of the accounts can be done either after confirming the payment, by sending proof of payment, or after making the payment, under the conditions mentioned in the “Methods of paying the rates for the provision of the Service” section.
As a result of the suspension of the account, the Provider will automatically generate an announcement on the user’s page that will contain the Provider’s logo and its contact details. The announcement will include the reasons why the account was suspended and the payment methods available to the user. Also, the Provider will provide the contact details so that the user can contact the Provider for any reason. By posting this ad, the Provider does not seek to promote itself on the user’s website. The supplier uses this announcement to inform the user that he has not fulfilled his obligations to pay the tariffs.
On the date of suspension of the user’s account for non-payment of fees, the Provider will be able to remove any existing data on the Provider’s servers, in a discretionary manner. The Provider has no obligation towards users in order to keep the data of users who do not properly fulfill their obligations towards the Provider. The Provider has the right to keep the data on the server for a period of 30 days after the suspension of the account, but the Provider is not obliged to keep this data.

15. Reopening of accounts
The provider will be able to reopen the accounts closed for non-payment of tariffs only after the full payment of all amounts due by the users, including the fees for reopening the accounts, and the reopening of the accounts can be done by the provider in a discretionary manner, according to its own assessment, only if the provider will appreciate that there is no longer a risk of non-payment of fees for the provision of the service.

16. .ro domains
The user who wants to register a .ro domain will be able to do so by accessing the Web domain registration link. In order to proceed with the registration of a domain.ro, the applicant must know, understand and agree to all and any conditions stated on the website www.rotld.ro, including the registration rules, the registration contract and any other information found on the mentioned website. From the moment of requesting the registration of a .ro domain, the user has 15 days to pay the price related to the domain registration, according to what is described in paragraph 11. If, at the expiration of the 15 days, the user will not have fulfilled his obligation of payment, gigashost.ro, in partnership with ICI-ROTLD, will be able to order the cancellation of the request, following which the requested .ro domain will become available again, without being obliged to notify the user in this regard. gigashost.ro is not obliged to justify, in any way or to any extent, the decision to cancel the registration of the .ro domain.
When requesting the registration of the .ro domain, the User must provide valid contact data. Otherwise there is a possibility that the domain will be refused at registration. The Provider assumes no responsibility for situations in which, due to system errors, invalid contact data or any other reason, the .ro domain requested by the User through the Provider could not be registered.

17. Non .ro domains
The registration and extension of the validity of the domains with an extension different from the .ro extension will be carried out after the payment has been confirmed. In the case of registering a new domain of the non .ro type, the supplier will issue a proforma invoice, following which the user must pay its value within 15 days. In the case of the extension of a non-.ro domain, the supplier will issue a proforma invoice 30 days before the expiration date of the right to use the respective domain, following which the user must pay its consideration within this term. If by the due date of the invoice, the user has not paid the amount of the tariffs for the requested services, the Provider will not proceed to register or extend the validity of the requested domain / domains. If the payment of the pro forma invoice is received after the expiry of the 15, respectively 30 day period, there is a possibility that the registration / extension of the domain can be carried out only under the conditions of payment of additional fees imposed by the registrars.
The provider does not assume responsibility for the registration and / or extension of the validity of the domains requested after the expiry date. In the event that the Provider agrees to provide the services after the expiration of the invoices, the user assumes the payment of any necessary fees requested by the registrars and the bearing of all costs.

18. Return of fees
The return to users of the rates (fees) paid by them for the provision of the service is made only in accordance with an entire calendar month, and only if the respective user has requested this in writing to the supplier, at least 24 hours before the start of the respective calendar month. In all situations, setup fees (fees) or web domain registration fees will NOT be returned by the supplier. The Supplier will not return the fees associated with the licenses purchased by the Supplier in the name and on behalf of the users, if they have been paid by the Supplier prior to the users’ request for the return of the paid and unused fees.
If the users request the return of the rates paid for the services used or that would be used, the Provider will return them proportionally to the services provided up to the time of the request, if applicable. Also, the Supplier will retain the amounts necessary to cover the bank commissions related to the transactions.

19. Damages
The user declares that he understands and accepts that in any situations in which the user will request damages of any kind from the supplier, the total amount of damages requested by the user for any reason and that could be paid by the supplier cannot exceed in any way and under no circumstances the total amount of tariffs (taxes) paid by the user to the supplier.

20. Uptime guarantee
The 99.9% Uptime guarantee (operational guarantee) refers only to the operation of the network, and does NOT apply to the servers or the services and applications existing on the servers.

21. Exoneration
The provider will not be responsible in any way for the server downtime due to user actions or fluctuations in internet consistency.

22. Correct use of resources
Sites that fall within the contracted transfer limit are still subject to review if they use more than 15% of the total system resources.

23. Transfer of Domains
The transfer of a domain is the responsibility of the users and not of the provider, and the users will not be returned any amounts paid as taxes if the user’s domains have not been transferred.

24. Services offered to users
All services such as backup (data saving) or control panel are provided to users only courtesy of the provider, without the latter having assumed any obligation towards users in this regard. The user declares that he is aware of this and understands and accepts that he is solely responsible for saving the data of his own site.
The provider is not responsible in any way for the loss of hosted information as a result of user actions or due to existing errors in applications that are not associated with the service. As an example, the control panel is not associated with the service and is not provided by the provider, being developed and offered by cpanel.net.

25. Conditions for providing the service
The provider does not assume any responsibility for any kind of consequences resulting from the use of the service or the data and information provided in any way by the site, and the user declares that he understands and accepts this.

26. The right to refuse to provide the service
The supplier reserves the right to refuse the provision of the service to any person, according to the discretion of the supplier and regardless of the reason, without being required to justify or motivate this.

27. Termination of Service
The provider has the right to prohibit immediately, without notice and without any other formality, access to the site or access to the service of any user or any person who in any way violates any of the clauses of this agreement. In this case, the provider has the right to immediately stop providing the service to the mentioned persons. At the exclusive option of the supplier, in case of violation in any way of any of the clauses of this agreement, the supplier may resort to the measure mentioned above, or may issue a warning to the person in question, or may temporarily restrict the person’s access to any of the site’s facilities or the service.

28. Limitation of liability
The user understands and accepts that the services contracted through this site are offered according to the “as is” and “as available” principles.
If the services are inaccessible or inoperable for various objective reasons, including but not limited to errors in the system, malfunctioning of the equipment used by the Provider or any kind of causes that are outside the control of the Provider, the user absolves the Provider of any liability. In this sense, the Supplier will not be liable for any kind of direct or indirect damage or prejudice to the user or to third parties.

29. Notifications and announcements
Gigashost reserves the right to send notifications regarding the services offered as well as announcements from third parties, when they may be useful to users.

30. Modification of the convention
The supplier has the right to modify without any notice or any other formality any of the provisions of the agreement. Any modification is accepted by the site users by simply using any facility offered by the site or service or by accessing the site or account, intervened at any time after the operation of the modification, and non-acceptance of any modification attracts the obligation of the respective user to immediately stop accessing the site or account or using the service in any way.

31. Information notice regarding the protection of personal data
At your option, you provide us with some of your personal data in order to create a valid account and to benefit from the services offered through the website www.gigashost.ro by GIGAS HOST SRL.
According to Law no. 677/2001, you benefit from the right of access, the right to intervene on the data, the right not to be subject to an individual decision and the right to go to court. At the same time, you have the right to object to the processing of personal data concerning you and to request the deletion of the data. You agree that the deletion of your personal data will be followed by the deletion of your account from the system and the impossibility of benefiting from the services offered by GIGAS HOST SRL.
To exercise these rights, you can make a written request with your request, which you can then send by e-mail to the address info@gigashost.com.
If some of your data is incorrect, please inform us as soon as possible.

32. Guarantee – Money back in 30 days
Every GigasHost hosting customer comes with a 30-day guarantee. If during this period you are not completely satisfied with the quality of the hosting service, you can request and receive back the money you paid in advance.
The following services are not included in the 30-day Guarantee: domain name registration fees (national and/or international) and any other fees paid for optional / special services other than those in the standard offer.
If account cancellation is due to the customer’s violation of these terms and conditions, no refund will be made.

33. Payment and invoicing terms
The customer agrees to pay for our services in advance of the time they are provided.
All proforma invoices will be sent by email and a printable version will be made available to the customer in the control panel. Customers must pay the invoice amount in advance at the beginning of each payment period, within 7 working days of the proforma invoice date.
Customers who wish to close a hosting account or any purchased service must send a notification by email, at least 5 days before the due date, otherwise the invoice issued will have to be paid for at least one month.
The prices displayed in Euro are calculated in RON, at the BNR exchange rate on the 1st of each month. All invoices and payments are processed in the currency chosen by the customer on the first order. Penalties of 0.5%/day are charged for each day of late payment after the due date for proforma invoices for extending hosting packages.
In the event that 60 days of non-payment are exceeded and the account is deleted from the server, the client can request the restoration of the site from an older backup; only if this will be possible.

34. Methods of payment
GigasHost offers you several payment methods:
1. Bank transfer
2. Cash deposit at the bank
3. By online card

Payment by bank transfer or cash deposit
Bank: Banca Transilvania
IBAN (EUR): RO07BTRLEURCRT0CT8464401
SWIFT: BTRLRO22XXX
S.C. GIGAS HOST S.R.L.
Reg. com.: J2024015506009
CIF: RO50417196
Adresa: Str. Aurel Covaci Nr.1, 410128, Oradea, BH

Online card payment
You can pay the invoices with the card directly from the customer panel, once the invoice has been viewed; choose the card payment method from the top right of the invoice. Zero commission for card payment.

35. Activation and delivery of services
Activating web hosting accounts on the GigasHost platform is fast. In the vast majority of cases, activation takes a few minutes from the moment of payment confirmation and order validation. If the client’s request is a special one (a server that is not provided in the standard offer), the activation may take up to 24 hours. After activation, the customer will receive by mail all the information necessary to access the purchased services.

36. Return of tariffs / order cancellation
The return to the customers of the rates (fees) paid by them for the provision of the service is only done in accordance with an entire calendar month, and only if the respective customer has requested this in writing to the supplier, at least 24 hours before the start of the respective calendar month. In all situations, setup fees (fees) or web domain registration fees will NOT be returned by the supplier. The Supplier will not return the fees associated with the licenses purchased by the Supplier in the name and on behalf of the users, if they have been paid by the Supplier prior to the users’ request for the return of the paid and unused fees.
If the users request the return of the rates paid for the services used or that would be used, the Provider will return them proportionally to the services provided up to the time of the request, if applicable. Also, the Supplier will retain the amounts necessary to cover the bank commissions related to the transactions.
The client can unilaterally terminate for any reason the contracts concluded for hosting services, resellers and VPS servers within the first 30 days from the date of conclusion of the contract, with a full refund of the amount paid, according to the 30-day guarantee offered. The price paid will be fully refunded when a request is made to GigasHost (see point 32).
The date of conclusion of the contract is the date of payment/reimbursement of the price of the services.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract, using an unequivocal statement, for example, a letter sent by post or e-mail. For this purpose, you can use the contact form.
In order to comply with the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

37. GDPR – The new EU regulations on the protection and processing of personal data
We are 100% committed to protecting your data. You decide how we use your personal data.
Technology and the online environment bring benefits to us all, but also challenges. And one of these is protecting the personal data of our customers. At GIGAS HOST SRL, this approach (to comply with GDPR) has been a firm commitment that we have made to our customers from the very beginning.
As of May 25, 2018, GIGAS HOST SRL adopted EU regulation 2016/679. Also known as GDPR (General Data Protection Regulation) or the General Regulation on the protection of personal data in all member states of the European Union.
We assure you that GIGAS HOST SRL will continue to process customers’ personal data only for well-defined purposes, such as invoicing, support, information.
At the same time, GIGAS HOST SRL will process customers’ personal data for the creation of personalized offers that are as close as possible to their needs if customers have clearly expressed their option for this.
Express your preferences related to the use of personal data by calling 0744 321 697, emailing info@gigashost.com or checking the box “I would like to be informed about news, information and special offers” in the details of each account .
Your personal data processing preferences will take effect from the time you express them.
We invite you to read below some information about the protection of personal data at GIGAS HOST SRL, and if you did not find what interests you in the sections below and you have a question for us, write to us at info@gigashost.com. Alternatively, you can consult more details in the General Terms and Conditions for using GIGAS HOST SRL services.

Good to know
GIGAS HOST SRL complies with all the principles required by the GDPR, among which we list:
• Transparency, fairness and legality in the handling and use of personal data;
• Limiting the processing of personal data to explicit and legitimate purposes;
• Limiting the collection and retention to the minimum amount of personal data necessary for a specific purpose;
• Ensuring the correctness of the data, including the possibility to delete and edit them;
• Limiting the retention of personal data;
• Ensuring the security, integrity and confidentiality of personal data.

What is personal data and how do we obtain it?
Personal data is that information by which a customer can be identified directly or indirectly. GIGAS HOST SRL obtains this data as follows:
Direct from the customer
GIGAS HOST SRL collects personal data directly from the customer, usually the information provided when opening the billing account, signing the contract or during its execution:
Name surname
Postal and email address
Phone number
Details of transactions carried out (purchased products, prices, payment methods)
Traffic details
GIGAS HOST SRL may also request other personal data for specific purposes, for example when the customer provides a copy of an identity document, NRC, CUI at the time of concluding a contract with his consent.
Also, GIGAS HOST SRL receives any information or content created by the client and actively provided by him (photos, clips, etc.).
In addition, in order to be able to offer the best products and services, GIGAS HOST SRL may sometimes request information regarding the customer’s experience during the use of GIGAS HOST SRL products and services. This information can be comments or suggestions, but also recommendations for improvement.
Automatic
In certain situations, GIGAS HOST SRL can also collect customer data by automatic means. For example, personal data may be collected through cookies, web or telephone beacons, when the customer interacts with GIGAS HOST SRL advertisements and mobile applications or when they visit GIGAS HOST SRL websites and other IT systems. The data thus collected may include: IP address, browser type, operating system, identification number of the mobile device used, geographic location, redirect URLs, information about the actions taken or the interaction with GIGAS HOST SRL.
From external sources
In order to provide products and services, GIGAS HOST SRL may legitimately collect data about the customer and from external sources when consulting:
– external database (database used at the industry level, which records situations of debits or fraud), as well as databases that help to identify possible areas of risk in a future contractual relationship
– public databases (such as that of the Trade Register or the Ministry of Public Finance)
Personal data can also be collected from sources such as: third-party data aggregators, GIGAS HOST SRL partners, public sources and third-party social network sites, online platforms that provide access to the applications of GIGAS HOST SRL or GIGAS HOST SRL partners ( if there is the client’s agreement for his personal data to be communicated to GIGAS HOST SRL).
GIGAS HOST SRL may combine various personal data of the client, originating from different sources (a website, an event, etc.), just to serve the interests of the client in a personalized and legitimate way.
What are the rights of customers regarding the processing of personal data?
The customer has specific rights regarding data protection, and GIGAS HOST SRL provides an environment that facilitates their exercise (the right of access, rectification, objection, deletion, receiving personal data or filing a complaint).
GIGAS HOST SRL has taken the necessary precautions to ensure the customer that his data protection rights are properly respected.

The customer has the right:
– to access his personal data, modify it, restrict it, withdraw his consent or oppose its processing or request its deletion (the right to be forgotten)
– to access his personal data or request GIGAS HOST SRL to transfer them to another company (the right of portability)
– disable certain types of collection or use of his data, including the use of certain cookies and similar technologies
– submit a complaint to the competent supervisory authority – in Romania this is the National Authority for the Supervision of Personal Data Processing (ANSPDCP)
– to request GIGAS HOST SRL to correct any inaccuracies in his personal data. in the case of an online account, this can usually be done from the edit account data section. In any case, the Client can send a request to rectify his data.
These rights may be limited, in certain circumstances defined by law (for example, the customer will be able to opt out of receiving marketing communications, but will not be able to ask GIGAS HOST SRL to delete the personal data necessary for the execution of the contract). Such restrictions will be checked individually and communicated to the customer accordingly.
The right of deactivation can be exercised as follows:
– by following the opt-out instructions in the relevant marketing communications
– enable/disable preferences are executed from the relevant edit account details section
– by a request to info@gigashost.com
The customer will continue to receive administrative communications from GIGAS HOST SRL, such as order confirmations or notifications regarding their account activities (e.g. account confirmations and password changes), even if they opt out of receiving marketing communications.
GIGAS HOST SRL informs the client that he can object at any time to processing performed on the basis of legitimate interest. Any objection will be reviewed and resolved according to law.

What does the automatic processing of personal data entail?
Any decision taken exclusively on the basis of automatic processing will be previously consented to or required for the issuance of the invoice.
GIGAS HOST SRL personalizes communication with its customers using personal data related to customer history, previous choices or product or service preferences.
The customer will not be subject to any decision based solely on automated data processing that produces legal effects concerning him or affects him in a significant way, unless the customer has explicitly consented to the processing or the processing is necessary for the conclusion of the invoice or the execution of a contract concluded with GIGAS HOST SRL (such as the identification of eligibility for certain offers) to prevent fraud and debit situations, or GIGAS HOST SRL is obliged by law to use personal data in this way.
In all cases, the client has the possibility to request the explanation of the logic behind the automatic decision mechanism, as well as, where appropriate, the client can request human intervention in issuing the decision that concerns him.

How do we protect your personal data?
GIGAS HOST SRL applies appropriate security measures to guarantee the safety of the client’s personal data and has implemented specific durations, so that the personal data is kept as long as necessary to fulfill the stated purpose.

Data Security
To guarantee the safety of personal data, GIGAS HOST SRL has implemented a series of security measures that are in accordance with industry standards. This does not cover those personal data that the customer chooses to communicate in public spaces online or offline.

Data Retention
GIGAS HOST SRL will keep personal data as long as necessary for the stated purpose, taking into account the need to answer questions or solve problems, to offer new or improved services and to comply with applicable legal requirements. Therefore, GIGAS HOST SRL may retain personal data for a reasonable period of time after the customer’s last interaction with GIGAS HOST SRL, in accordance with the legislation in force.
When the customer’s personal data is no longer necessary for the purpose for which it was collected or agreed upon, nor is there any legal obligation to keep it, GIGAS HOST SRL will destroy or delete it in a secure way.