1.1. These General Terms and Conditions ("GTC") govern the legal relationship between:
| REFERRED TO AS "GTS" | |
|---|---|
| Legal Entity Name | GTS Telecom SRL |
| Registered Office | Str. Izvor no. 92-96, 1st floor office A and 2nd floor office A and B, district 5, Bucharest |
| Trade Registry No. | J1993019010401 |
| Share Capital | 7.368.415,02 RON |
| Fiscal Code / VAT No. | RO4419886 |
| Account No., Bank | RO49BACX0000000135668000 (Unicredit Bank – Grigore Mora) RO58INGB0001000142478915 (ING Bank – Metropolis) |
| Legal Representative | Răzvan Stoica – General Manager |
and any legal entity purchasing services through the e-commerce platform, hereinafter referred to as the "Client".
In order to purchase and use the services provided by GTS, the Client must create an account within the e-commerce platform available at www.gts.ro/shop. Creating an account is an essential condition for carrying out the contractual relationship between the Client and GTS, as all operations related to orders, billing, administration, and communication are managed through the account.
1.2.1. In order to create the account, the Client is obliged to provide correct, complete, and up-to-date information, including:
1.2.2. GTS reserves the right to request additional documents to verify the Client's identity or the right of representation.
1.3.1. To finalize the account creation process, the Client must validate the email address by accessing the link automatically transmitted by the system.
1.3.2. The account does not become operational until the validation process is completed.
1.4.1. The Client is entirely responsible for maintaining the confidentiality of authentication data (username and password).
1.4.2. Any authentication in the platform made with the access data allocated to the account is considered to be performed by the Client.
1.4.3. The Client has the obligation to notify GTS, without undue delay, regarding any unauthorized access or suspicion of account compromise.
1.4.4. GTS is not liable for damages caused by the use of the account by unauthorized persons as a result of the Client's negligence regarding credential security.
1.5.1. The Client undertakes to promptly update any changes occurring in its identification or contact data through the e-commerce platform.
1.5.2. GTS is not responsible for consequences generated by incorrect or incomplete information, including for communications not received due to the Client's fault.
1.6.1. GTS reserves the right to suspend or close the account in any of the following situations:
1.6.2. Closing the account does not affect the contractual obligations already assumed, including the payment of services already purchased.
1.7.1. In the account creation process, the Client must confirm acceptance of the GTC by checking the dedicated box.
1.7.2. Checking the acceptance box has the legal value of an express consent and constitutes proof of the Client's agreement regarding the content of the GTC and the manner of service provision.
1.7.3. Lack of agreement with the GTC makes account creation impossible and, implicitly, the use of services.
2.1. Before finalizing the order, the Client must mandatorily check the GTC acceptance box. By checking this box:
2.2. Finalizing the order and making the advance payment constitutes the full, irrevocable, and unconditional acceptance of the GTC, as well as the assumption of obligations deriving from them.
2.3. GTS may update the GTC, and the updated version becomes enforceable against the Client from the date of publication on the website. GTS will notify the client via the e-commerce platform within a maximum of 30 days from the date of the GTC update.
3.1. The technical characteristics, configuration parameters, and specifications of the service are those displayed on the website www.gts.ro/shop on the page dedicated to the product.
3.2. These are expressly reiterated in the "Shopping Cart" page before finalizing the order.
3.3. The Client confirms having analyzed and accepted the product characteristics, and checking the GTC acceptance box and making the payment represents the unequivocal confirmation of agreement upon them.
3.4. GTS cannot be held liable if the Client has selected a package unsuitable for their technical needs.
5.1. Service activation occurs automatically (within a few minutes) after payment confirmation.
5.2. Access data is transmitted to the Client via email. Upon first accessing the account, the client has the obligation to change the password received via email for increased access security to the platform.
5.3. The technical activation term depends on infrastructure availability, but GTS makes every effort for rapid activation.
5.4. Payment for services is made exclusively online, in advance, through the online Payment Processor agreed by GTS.
5.5. Available payment methods are displayed on the order completion page.
5.6. Making the payment represents the final confirmation of the order and acceptance of the GTC.
5.7. All payments are processed by the online Payment Processor, according to its procedures.
5.8. GTS is not liable for delays or errors generated by banking systems or the Payment Processor.
5.9. All transactions are processed through encrypted connections. The Client is responsible for the security of the device from which the payment is made.
5.10. GTS does not collect and does not store bank card data.
5.11. The Payment Processor fully manages payment data, through secure channels compliant with regulations and legislation in force.
5.12. GTS receives only the confirmation of transaction authorization.
5.13. Services are activated after payment confirmation by the Payment Processor. In case of transaction failure, the order is not considered valid.
5.14. Depending on the selected payment method and chosen billing cycle, the payment processor manages the processing of transactions related to due amounts.
5.15. Any fraud attempt will be reported to competent authorities. The Client must notify the issuing bank and the Payment Processor in case of unauthorized transactions.
6.1. Services are provided exclusively on an advance payment basis. Non-payment means the impossibility of activating or renewing the service.
6.2. By making the payment, the Client confirms:
6.3. The price of services is that displayed on the gts.ro/shop platform and valid at the time of purchase. GTS may modify prices unilaterally and will notify clients at least 30 days before the modification date.
6.4. In case automatic debiting cannot be performed, GTS will notify via email sent to the email address associated with the account that the payment could not be processed.
6.5. If after the first attempt the payment was not successful, GTS will re-notify the client for 3 consecutive days. In case of non-payment during this period, GTS reserves the right to suspend the Service.
NOTE: 30 days after the first notification, the contract is considered terminated for non-payment and data hosted on the platform will be irreversibly deleted.
7.1. The Client declares that it is a legal entity registered and operating in accordance with applicable Romanian or European law, as the case may be.
7.2. The Client confirms having the legal capacity to contract the service.
7.3. The Client declares that activities carried out through the service comply with Romanian and European legislation.
7.4. The Client undertakes to defend, indemnify, and hold harmless GTS, its employees, affiliates, agents, and subcontractors for any losses, damages, costs, or expenses (including attorney fees, fines, taxes, or justified penalties) arising from or related to:
The Client undertakes to pay these amounts in full, based on invoices issued by GTS, accompanied by relevant supporting documentation.
Any alleged non-fulfillment of contractual obligations by GTS or any prejudice resulting from service malfunctions (including unavailability, interruption, delay, disconnection, quality degradation) or from GTS's negligent conduct must be notified in writing by the Client within a maximum of four (4) hours from the moment the malfunction is noticed.
In the absence of this notification within the term, GTS is exonerated from any liability towards the Client for the respective event.
In all cases of breach of contractual obligations by GTS, its financial liability is strictly limited to the monthly value of the purchased services. This clause has the nature of a penal clause.
The Client expressly declares that, at the time of concluding the contract, it has evaluated and accepted all risks associated with its activity and the contract, including:
a) exchange rate fluctuation;
b) price changes for raw materials or other essential costs;
c) risks specific to the sector in which it operates.
Consequently, the Client unconditionally assumes the full, timely, and unreserved execution of all contractual obligations, within the limits of liability established by this GTC.
9.1. This chapter defines the rules for acceptable use of networks, systems, websites, platforms, services, and products provided by GTS. The Client is fully responsible for any use of the Network and Services.
Use of the Network and Services for the following purposes or in the following ways is prohibited:
Clients and Users have the obligation to ensure the security of their own networks and equipment. GTS is not responsible for damages caused by vulnerabilities existing in the Client's systems.
GTS may apply: Written warning, Notification of authorities, Temporary suspension of services.
Immediate suspension or termination: GTS may decide on immediate suspension or definitive termination in serious situations (e.g., use for illegal acts, network compromise, child pornography, attacks on critical infrastructures).
The Client declares that it is not subject to international sanctions (EU, UN, USA, UK, RO) and undertakes to comply with applicable regulations. Violation leads to immediate termination.
10.1. Availability: GTS ensures an administration platform availability level of 99.5%, excluding planned maintenance and force majeure.
10.2. Maintenance: Planned works are announced 72 hours in advance. Critical incidents may require intervention without notification.
10.3. Technical Support: Through the ticketing platform. Timeframes are indicative.
10.4. SLA Limitations: Does not cover Client configuration errors or software installed by the Client.
11.1. The Client is the Data Controller, and GTS is the Processor (art. 28 GDPR). Processing is limited to technical actions.
11.2. GTS will implement security measures, ensure confidentiality, and notify incidents.
11.3. Duration and Deletion: Data is kept for the duration of the contract. Upon termination, GTS keeps data for 30 calendar days, then irreversibly deletes it. The Client is responsible for backup.
12.1. The contract terminates by: non-payment, Client's request, GTC violation, force majeure.
12.2. GTS may terminate for non-performance of obligations by the Client through a simple notification via email, with immediate effect, without court intervention.
12.3. Upon termination, services are immediately suspended and data deleted definitively according to the GDPR chapter.
13.1. GTS is not liable for indirect losses, loss of profit, or loss of data.
13.2. GTS's maximum liability is limited to the monthly value of the service.
14.1. This GTC is governed by Romanian law. Disputes will be settled by competent courts in Bucharest, Romania.
15.1. Checking the acceptance box and making the advance payment for the service constitutes full acceptance of the GTC and service characteristics.
15.2. These GTC clauses constitute the entire agreement between the Parties.
15.3. Any notification sent by GTS will be communicated to clients via email and/or through the platform.