TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS REGARDING THE PROVISION OF GTS SERVICES AVAILABLE E-COMMERCE PLATFORM - GTS Telecom Online Store | IT & Cloud Solutions for Business (TCG)

Introduction

1. These General Terms and Conditions ("GTC") govern the legal relationship between:

and any legal entity that purchases cloud hosting services ("Services") or other specific Services through the e-commerce platform available at www.gts.ro/shop address (the "Platform"), hereinafter referred to as the "Client".

SECTION A: ACCOUNT CREATION AND VALIDATION. SUSPENSION AND ACCOUNT CLOSURE

Account Creation on the Platform

1. General Conditions for the Creation of the Client Account

In order to purchase and use the Services provided by GTS through the Platform, the Client must create an account within the e-commerce Platform available at www.gts.ro/shop

The creation of the Account is an essential condition for the performance of the contractual relationship between the Client and GTS regarding the Services available on the Platform, all operations related to the Orders issued by the Clients, invoicing, administration and communication being managed through the Client Account.

Data provided when creating the Account

1. In order to create the Account, the Client has the obligation to provide accurate, complete and up-to-date information, including:

1. the name of the legal entity;

2. tax identification data;

3. the address of the registered office;

4. contact details of the legal representative or of the empowered person under the conditions provided by law.

5. functional email address.

6. contact phone number.

   1. GTS reserves the right to request additional documents to verify the identity of the Client/its beneficial owners or the right of representation and/or the persons who own or control, directly or indirectly, and/or the jurisdictions in which the Client operates and/or the persons on whose behalf the Client acts.
      
      

Account Validation

2. In order to complete the account creation process, the Client must validate the email address by accessing the link automatically sent by the system.

3. The Account created by the Client does not become operational and the Client will not be able to purchase the Services available on the platform until the Account validation process is completed.
   
   

Account Security and Client Liability

4. The Client is entirely responsible for maintaining the confidentiality of the authentication data (username and password) in his/her Account.

5. Any authentication in the GTS platform made with the access data assigned to the Account is considered made by the Client.

6. The Client has the obligation to notify GTS, without undue delay, of any unauthorized access or suspicion of compromise of its Client Account.

7. GTS is not liable for damages caused by the use of the Account by unauthorized persons as a result of the Client's negligence in securing credentials.
   
   

Updating Account Data

8. The Client undertakes to promptly update any change in its identification or contact data through the e-commerce platform and to notify GTS of (i) any activity carried out directly or indirectly in a State subject to sanctions in the field of preventing and combating money laundering and terrorist financing, as established by the European Union, the United Nations or Romania or other competent authorities; (ii) sanctions applied to the Client or its directors or beneficial owners of the Client or persons on whose behalf the Client acts; (iii) sanctions applied to entities that directly or indirectly control the Client.

9. GTS is not responsible for the consequences generated by incorrect or incomplete information, including for communications not received due to the fault of the Client.
   
   

Account Suspension or Closure

10. GTS reserves the right to suspend or close the Account, by unilateral decision with immediate effect, in any of the following situations:

1. providing false or incomplete information upon registration;

2. TCG breach;

3. suspicions regarding the use of the Account for illegal or fraudulent purposes or information regarding activities carried out by the Client in states/jurisdictions subject to sanctions or information regarding sanctions applied to the Client, its administrators or beneficial owners of the Client or persons on whose behalf it acts to the Client or entities that directly or indirectly control the Client;

4. the Client's express decision to request the closure of the Account.

5. The unilateral decision of GTS to close the Account, in case of activation of the Client's liability (for violation of the Acceptable Use Policy – PUA).

   1. The closure or suspension of the Account does not affect the contractual obligations already assumed, including the payment of the Services already purchased by the Client.
      
      

Acceptance of the provisions of this Section A in the Account Creation Process

2. In the process of creating the account, the Client must confirm the acceptance of the rules in this Section A by ticking the dedicated box.

3. Ticking the acceptance box has the legal value of an express consent and constitutes proof of the Client's agreement regarding the content of Section A and the manner of providing, based on the Order, the Services purchased on the e-commerce platform.

4. The lack of agreement with the rules in this Section A makes it impossible to create the Account and, implicitly, to purchase, based on a prepaid Order, the GTS Services available on the e-commerce platform.

SECTION B: CONDITIONS FOR THE PROVISION OF SERVICES

Online Ordering Process

1. Before completing the Order, the Client must tick the box of acceptance of the Technical, Commercial and Procedural Conditions of the ordered service ("Conditions of Provision of Services"). By checking this box:

1. The Client confirms that he/she has read, understood and expressly accepted the Terms and Conditions of Provision of the Services ordered;

2. The Client fully agrees that the contractual relationship between the Parties is governed by the Terms of Service;

3. The Client confirms that he has verified and accepted the technical and commercial and procedural characteristics of the ordered Service.

   1. The completion of the online Order and the full advance payment for the Service(s) ordered constitutes the full, irrevocable and unconditional acceptance of the Terms and Conditions of Provision of the Services offered by GTS on the Platform, as well as the assumption of the obligations deriving from them.

The contractual relationship for the prepaid Services that are the subject of an Order (the "Contract") is considered concluded between GTS (Service provider) and the Client (beneficiary of the Service) at the time of registration of the Client's Order in the GTS electronic system and the electronic confirmation of the full payment in advance of the Service/Services ordered - transmitted to the User by an electronic means of communication (e-mail/User account) that can be stored and reproduced.

Technical characteristics of the GTS Services and Commercial Offer

2. 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 each Service.

3. These are expressly included on the "Shopping Cart" page before completing the Order.

4. The Client confirms that it has analyzed and accepted the characteristics of the ordered Services, and checking the box for accepting the Terms and Conditions of Provision of the ordered Services and making the payment represents the unequivocal confirmation of the Client's agreement to them.

5. GTS cannot be held liable if the Client has selected a package of Services inappropriate to its technical needs.
   
   

Definitions

6. VPS (Virtual Private Server) – service consisting of the allocation of VCPU, RAM, STORAGE, OS resources on the GTS infrastructure.

7. Related services and products – the selected package configured and purchased by the Client.

8. Platform – the online system through which GTS markets and manages the Services.

9. PUA – Acceptable Use Policy.

10. SLA – Agreement on the quality level of services provided by GTS.

11. Specific Services – any IT solutions, cloud services (including, but not limited to, VPS), IT maturity assessment services or any other services and/or goods displayed, detailed and made available to Clients for purchase on the Platform at a given time.

12. Specific Terms and Conditions (Third-Party Terms/EULAs/SLAs)—any set of rules, End User License Agreements (EULAs), Third-Party Service Level Agreements (Third-Party SLAs), usage policies, or additional regulations issued by third-party vendors/partners/providers that condition the provision or use of a particular specific Service. These terms are brought to the attention of the Client by including a direct link or the complete document in the description of the Service, on the Platform, becoming an integral part of the contract at the time of purchase.

13. Service/Services – any facility, service or technical solution made available by GTS to the Client through the Platform, in exchange for a fee. It includes, without limitation, VPS services, Services and related products, as well as specific Services. The contracting of any Service is governed by these GTCs, the Service sheet and, where applicable, the related specific Terms and Conditions.
    
    

Online Price Payment and Service Activation and Data Privacy

14. The activation of the Service takes place automatically (within a few minutes) after confirmation of its full payment.

15. The access data are sent to the Client by email (at the address indicated in his/her Client Account). Upon first accessing the Account, the Client has the obligation to change the password received by email for increased security of access to the e-commerce platform.

16. The technical deadline for activating the purchased Service/Services depends on the availability of the infrastructure, but GTS makes all due diligences for rapid activation.

17. Payment for the Services is made exclusively online, in advance, through the Online Payment Processor approved by GTS.

18. The available payment methods are displayed on the checkout page of the Order.

19. Making the payment represents the final confirmation of the online Order and acceptance of the Terms and Conditions of Provision of Services.

20. All payments are processed by the Online Payment Processor in accordance with its procedures.

21. GTS is not responsible for delays or errors generated by banking systems or the Online Payment Processor.

22. All transactions are processed through encrypted connections.

23. The Client is responsible for the security of the device from which he makes the payment for the ordered Service.

24. GTS does not collect or store the data of the bank card used by the Client.

25. The online payment processor fully manages the payment data, through secure channels and compliant with the regulations and legislation in force.

26. GTS only receives confirmation of transaction authorization.

27. The Services are activated after confirmation of payment by the Online Payment Processor.

28. In case of transaction failure, the Order is not considered valid.

29. Depending on the selected payment method and the chosen billing cycle, the online payment processor manages the processing of transactions related to the due amounts.

30. Any attempted fraud will be reported to the competent authorities.

31. The Client must notify the issuing bank and the Online Payment Processor in case of unauthorized transactions.

1. Billing for Services. Commercial Conditions and Payments

   1. The services are provided exclusively on a full prepayment basis.

   2. Failure to make payment or partial payment means the impossibility of activating or renewing the Service.

   3. By making the payment, the Client confirms:

1. acceptance of the Terms of Service (in this Section B);

2. acceptance of the technical characteristics of the ordered Services;

3. assuming its contractual obligations detailed in the Terms of Provision of Services (in this Section B);

4. acceptance of the automatic debit of the bank account indicated by the Client on the due date of the ordered Services.

   1. The price of the Services is the one displayed on the gts.ro/shop platform and valid at the time of purchase. GTS may unilaterally change the price of the Services and will notify the Clients within at least 30 calendar days before the date of implementation of the price changes.

   2. If the automatic debit of the Client's bank account cannot be carried out, GTS will notify by email sent to the email address related to the Account, that the payment could not be processed. If after the first attempt the payment has not been made successfully, GTS will notify the Client for 3 consecutive calendar days by email sent to the email address related to the Account. In case of non-payment within this remedy period of 3 calendar days, GTS reserves the right to suspend the Service or, as the case may be, not to provide access to the ordered Service. On the anniversary of a grace period of 30 calendar days from the first notification of the unprocessed payment in connection with the ordered Services, the Order in question is automatically considered to have been revoked by the Client, and GTS will have no obligation to the Client regarding the Services that are the subject of the Order so revoked; GTS has the unilateral option to irrevocably delete the data hosted on the GTS platform (based on previous orders for Services paid by the Client).

   3. After full prepayment for the purchased service, Gts will issue the fiscal invoice.
      
      

Client Statements

4. The Client declares that it is the legal entity that is registered and operates in accordance with the applicable Romanian or European law.

5. The Client confirms that he/she has the legal capacity to contract the Service.

6. The Client declares that the activities carried out through the Service comply with Romanian and European legislation.

7. The Client undertakes to defend, indemnify and hold harmless GTS, its employees, affiliates, agents and subcontractors for any losses, damages, costs or expenses (including reasonable attorneys' fees, fines, fees or penalties) arising out of or in connection with:

1. the use by Client or its agents, affiliates, agents or subcontractors of the Services or the GTS network, including the publication, transmission or distribution of materials on the Internet;

2. actions or omissions regarding the installation, maintenance, use or uninstallation of any software, made by or on behalf of the Client;

3. any complaints or claims of third parties arising from the provision of services to them by the Client, using the Services made available by GTS;

4. infringement of the intellectual property rights of third parties (including copyrights, patents, trade secrets or trademarks) resulting from the Client's use of software or services that were not provided by GTS, or from the improper use of the Services provided by GTS;

5. any sanctions, material or image losses suffered by GTS as a result of the illegal or abusive use of the services by the Client, in Romania or in other jurisdictions, or as a result of damages caused to third parties, ascertained by court decisions or acts of the competent authorities. The client undertakes to pay these amounts in full, based on the invoices issued by GTS, accompanied by the relevant supporting documentation (e.g. court decisions, reports of finding and/or sanctioning of the authorities or notifications from third parties).

   1. Any alleged breach of contractual obligations by GTS or any damage resulting from the malfunctions of the Service (including unavailability, interruption, delay, disconnection, degradation of quality) or from the negligent conduct of GTS must be notified in writing by the Client within a maximum of four (4) hours from the moment of finding the malfunction. In the absence of such notification within the deadline, GTS is exonerated from any liability towards the Client for the consequences of the respective event.

   2. In all cases of breach of contractual obligations by GTS assumed by this Section B, GTS's financial liability is strictly limited to the value of the Services purchased and prepaid in full by the Client. This clause is in the nature of a penalty clause.

   3. The Client expressly declares that, at the time of joining the GTC, it has assessed and accepted all risks associated with its business and contractual relationship with GTS, including:

1. exchange rate fluctuation;

2. changes in raw material prices or other essential costs;

3. sector-specific risks.

Consequently, the Client unconditionally assumes the full, timely and unreserved performance of all contractual obligations, within the limits of liability established by the GTC.

Rights and Obligations of the Parties

1. GTS's obligations

1. To provide the Services according to the technical description on the product page;

2. To provide technical support during the working period Monday – Friday 09:00 – 18:00;

3. Maintain infrastructure availability within a minimum SLA of 99.5%

4. To provide the Terms and Conditions related to the Related Products or Specific Products, by sending them directly to the pages of their suppliers. The conditions of supply of the Related Products or Specific Products are established independently by their suppliers and may be updated periodically, unilaterally and in accordance with the conditions specified on the product pages.
   
   

Client's obligations

1. To use the Services in accordance with the law, the PUA - Acceptable Use Policy and the conditions of use mentioned on the Platform.

2. Not to carry out illegal activities through the contracted Service.

3. To pay on time the value of the purchased Services.

4. To make, at their own expense and risk, their own backup copies of the information/data uploaded to the Platform (backup).

5. promptly update any changes in its identification or contact details through the Platform and notify GTS of: (i) any activity carried out directly or indirectly in a sanctioned state; (ii) sanctions applied to the Client or the Client's beneficial owners or persons on whose behalf the Client acts; (iii) sanctions applied to entities that directly or indirectly control the Client.
   
   

Acceptable Use Policy (PUA)

1. This chapter defines the rules for the acceptable use of networks, systems, websites, platforms, services and products provided by GTS (hereinafter referred to as the "Network and Services"), applicable to all Clients and their users, which means any other person accessing or using the Network and Services (collectively referred to as "Users").”). The purpose of these provisions is to ensure the legal, responsible and secure use of the Network and Services, as well as the maintenance of the integrity and reliability of the GTS infrastructure.

2. The Client is fully responsible for any use of the Network and Services, regardless of whether such use takes place with or without its knowledge or consent and is solely responsible for any actions or inactions made for illegal purposes and which may engage the criminal or civil liability of GTS or any member of its staff and/or its contractual partners. It is forbidden to use the Network and Services, both by the Client and by any User who uses the Network and Services for and/or on behalf of the Client, for illegal, abusive purposes or that contravene the rules of public order, good morals or the rights of third parties, for the following purposes or ways:

1. Engaging in illegal activities, including but not limited to: fraud, money laundering, harassment, defamation, infringement of intellectual property rights, distribution of obscene materials, incitement to hatred or violence, as well as any other activity punishable under the law;

2. Compromising national security, public order and state interests, including through: cyber espionage, hostile propaganda, terrorism, disinformation, information manipulation or attacks on critical infrastructure;

3. Affecting the technical integrity of the network, through actions such as: sending spam, distributing malware, DoS/DDoS attacks, unauthorized scans, exploiting vulnerabilities or transmitting viruses;

4. Breach of confidentiality, security, and data integrity, including unauthorized access to systems, accounts, applications, or networks, regardless of whether or not access has been made;

5. Improper use of electronic messaging services, such as: sending unsolicited messages (Spam), messages with falsified headers, malicious e-mails ("mailbombing"), or continuing correspondence without the recipient's consent;

6. Unauthorized use of newsgroups, forums, or other online services by sending excessive, repetitive, or disruptive messages (including "Usenet Spam" and chain letters).

   1. GTS is not responsible for damages caused by existing vulnerabilities in the Client's systems. The Client will be fully liable for any damages, losses or costs incurred by GTS as a result of non-compliance with these obligations.

   2. If GTS reasonably finds that these AUP provisions have been breached, GTS may apply one or more of the following measures:

1. Written warning addressed to the Client;

2. Notification of the competent authorities, if applicable;

3. Temporary suspension of Services.

4. Immediate termination of the Services and/or deactivation of the Account.

   1. Immediate Suspension of Services

GTS reserves the right to temporarily suspend the provision of one or more Services to the Client, with or without prior notice, if it finds or has reasonable suspicion of a breach of the obligations of acceptable use, until the situation is fully remedied or the facts are clarified.

Examples of situations that may lead to temporary suspension include, but are not limited to:

1. detection of an unusual or suspicious volume of traffic (such as: voice, data, email) that indicates a possible

compromise of the Client's network or equipment;

2. the existence of insecure configurations of the Client's equipment (routers, PBXs, servers, etc.) that may allow unauthorized access to the network or the generation of fraudulent traffic;

3. the use of services for sending unsolicited commercial messages (SPAM), without proving malicious intent;

4. the notification of serious security vulnerabilities at the level of the applications or systems used by the Client, which may directly or indirectly affect the GTS network or other Clients;

5. Accidental use of the Services for purposes that may violate applicable law, but which have not had a major impact or obvious intent to defraud.

   1. Immediate termination of the Services

GTS may decide, unilaterally and without prior notice, to definitively terminate the provision of the Services to the Client, in serious or repeated situations, in which the continuation of the contractual relationship could jeopardize the integrity of the network, services or would lead to legal liability for GTS.

Examples of situations that may lead to immediate termination of the Services include, but are not limited to:

1. intentional use of the services to commit illegal acts (e.g. distribution of malware, unauthorized access to third-party systems, computer espionage, fraud, DDoS attacks);

2. compromising the GTS network or other Clients due to the actions or inactions of the Client;

3. repeatedly ignoring notifications or warnings about vulnerabilities, unauthorized traffic, or abusive behavior, even after the Client has been formally informed, by written notice or email;

4. providing prohibited content (child pornography, hate speech, extreme violence, terrorism, etc.) through the services or equipment offered by GTS;

5. engaging in activities aimed at compromising national or international critical infrastructures;

6. obtaining services or access to the network by fraudulent means, by using the identity of another person or presenting false information in the contractual relationship.

   1. GTS shall not be liable for any direct or indirect damage caused to the Client, Users or third parties, as a result of the suspension or cessation of the provision of the Services if the Client fails to comply with the provisions mentioned in the chapter on the acceptable use of the GTS Network and Services, nor for any claims by any third parties arising from the Services to be provided by the Client to such third parties, using the Services.

   2. At the same time, GTS reserves the right to fully cooperate with law enforcement authorities and other government agencies in investigating any illegal or abusive activities and to provide the requested information in accordance with applicable legal provisions. The Client shall be liable for all losses, damages and expenses (including legal costs) incurred by GTS as a result of the Client's actions or inactions, including those caused by third parties under the Client's control or responsibility.

   3. Clause on compliance with the sanctions regime:

The client declares that he is not subject to the sanctions imposed by the European Union - EU Sanctions Map, United Nations - United Nations Security Council Consolidated List | The Security Council, the United States of America, the United Kingdom or Romania or other competent authorities - O.N.P.C.S.B. - International Sanctions and undertakes not to use the Services or the equipment provided for purposes that contravene the regulations applicable to them (e.g. military activities, unauthorized surveillance, or in connection with sanctioned entities).

Client is responsible for ensuring that the end use of the Services/goods provided complies with all applicable international sanctions regulations, including those relating to the control of exports or technologies of U.S. origin. In the event of a breach of these obligations, GTS has the right to terminate the Contract with immediate effect, without prior notice, and the Client will be liable for the payment of all proven damages and costs, including those related to investigations or legal proceedings generated by the failure to comply with these obligations.

The Client shall be solely responsible for compliance with international sanctions legislation and, upon request by the authorities, shall provide information regarding the use of the Services or equipment made available by GTS.

Note: GTS informs the Client that accessing content available on the Internet, regardless of the means – including, but not limited to: authentication by using a username and password, providing personal data (such as name, address, personal identification number), providing financial data (including bank account numbers, bank card numbers or other payment instruments), accepting the automatic download and installation of applications or files, allowing automatic connections to external sources or destinations – may generate significant risks for IT security and the privacy of the Client's data. Such actions may lead to material damage (e.g. financial losses, compromise of bank accounts) and/or moral damages (e.g. damage to reputation, loss of personal data), for which GTS cannot be held responsible. The Client is fully responsible for assessing the risks associated with these actions and for implementing appropriate protection measures (e.g. using antivirus solutions, avoiding access to insecure resources, using complex passwords, regularly updating the software used).

SLA – Service Level Agreement

4. Availability

   1. GTS ensures a 99.5% level of availability of the management platform, excluding planned maintenance periods and cases of force majeure. Specific SLAs may be expressly included in the description of the Services at any given time, in which case the specific SLA mentioned in the description of the Service shall prevail over the one mentioned herein.

5. Maintenance and interventions

   1. GTS can carry out planned maintenance works, announced at least 72 hours prior to their development.

   2. In case of critical incidents, GTS may intervene without notice, and these periods are not considered downtime.

6. Technical support

   1. GTS offers technical support through the ticketing platform available on the e-commerce platform, during the time intervals specified on the website.

   2. The response deadlines are indicative and do not represent contractual guarantees.

7. SLA Limits

   1. The SLA does not cover problems caused by misconfiguration performed by the Client, software installed by the Client or incidents due to third parties.
      
      

GDPR – Processing of Personal Data

To the extent that the Client stores, uploads or processes personal data through the services provided by GTS or using the GTS infrastructure, the Client has the capacity of data controller and GTS acts exclusively as a processor of the Client, within the meaning of Art.4 (7) and (8) and Art. 28 of the General Data Protection Regulation (EU) 2016/679 ("GDPR"). For clarity, GTS does not establish the purposes or means of the processing of the Client's data and does not use the personal data belonging to the Client in its own name or for its own interest

The processing of the Client's data in the context of the provision of services by GTS is strictly limited to technical operations necessary for the provision of the service contracted by the Client, such as:

1. hosting and administration of IT infrastructure (hosting, VPS, cloud, colocation);

2. operation, maintenance and technical support of platforms and networks;

3. ensuring the continuity, security, and availability of the Service.
   
   

Instructions and Limitation of Processing

1. GTS processes personal data only on the basis of the documented instructions of the Client, as resulting from this GTC, orders placed through the Platform and the usual use of the Services.

2. GTS will not process the Client's data for other purposes and will inform the Client if an instruction contravenes the GDPR or applicable law.

3. GTS implements appropriate technical and organizational measures for data protection, proportionate to the nature of the Services and the actual risks of the processing, in order to ensure the confidentiality, integrity and availability of the data, in accordance with Art. 32 GDPR. These measures include, but are not limited to: access control to infrastructure and systems, secure authentication and access rights management, communication encryption and media segmentation, back-up, redundancy and continuity policies and incident management procedures. GTS operates an ISO/IEC 27001 certified Information Security Management System.

4. GTS ensures that personnel involved in technical operations and persons authorized to process personal data are subject to legal or contractual confidentiality obligations and are trained on data protection and information security.

5. GTS will notify the Client of security incidents within the deadlines provided by the GDPR.

6. Given the specifics of the services provided, GTS does not usually subcontract activities that involve the processing of the Client's data. In strictly necessary situations (e.g. infrastructure, data centers, connectivity), any subcontractor is selected in compliance with Art. 28 GDPR and is subject to equivalent contractual obligations regarding data protection.

7. To the extent reasonable and technically possible, GTS will support the Client in managing security incidents, notifying breaches and responding to data subject requests, given the nature of the services and the exclusively technical role of GTS.
   
   

Duration of Data Processing and Deletion

1. The data processing is carried out for the duration of the contract, as long as the service is paid for by the Client, and ceases with the termination of the provision of the Services, subject to the legal retention obligations.

2. Upon termination of the contract (including if a new Order has not been confirmed by collecting the related amount in advance), GTS will keep the Client's data for a maximum period of 30 calendar days, in order to allow the Client to recover them.

3. After the expiry of the term, GTS will proceed to the irreversible deletion of the data and their copies, without the possibility of subsequent recovery.

4. The Client remains fully and exclusively responsible for performing backups and exports during this period.

1. Responsibility. Each Party is liable for failure to comply with its obligations under the GDPR. GTS's liability is limited according to the general provisions of the GTC and is proportionate to the nature of the services provided and its role as an authorized person.
   
   

Intellectual Property

All intellectual property rights and any other rights in the data, information, content, files, databases and materials uploaded, stored, generated or processed by the Client or on behalf of the Client through the Services ("Client Data") belong to and shall remain exclusively with the Client (or its licensors, as the case may be). Nothing in the Agreement shall be construed as transferring to GTS any ownership rights in Client Data.

All intellectual property rights in the Platform, cloud infrastructure, applications, software, documentation and technology used to provide the Services ("GTS Technology") belong exclusively to GTS or its licensors. The use of Client Data within the framework of GTS Technology does not confer on Client any rights over this technology, other than the right of use expressly provided for in the Agreement.

Third-party software license. Within the (hosting) Services, the Client may choose to use operating systems and/or software applications, including Linux / FreeBSD distributions and Microsoft products (e.g. Windows Server, Microsoft SQL Server), for which the licenses are purchased by the Client either directly from the rights holders or indirectly through GTS, according to the Client's option and the agreed commercial conditions. The Client is fully responsible for: (i) selecting the type of software license (Linux/open-source or Microsoft/commercial), (ii) selecting the related Product or Specific Product, and (iii) complying with the terms of use, limitations and licensing obligations imposed by the rights holders (EULA – End-User License Agreement). GTS does not verify or guarantee the compliance of the Client's use of third-party software licenses and is not liable for any violation of the license terms applicable to them. Any claims, penalties or costs resulting from the non-compliant use of Linux, Microsoft and/or the licenses related to the Related Products and/or the Specific Products will be borne exclusively by the Client.

Termination of the Contract

2. The contract terminates:

1. By fulfilling the term for which the Service/Services were prepaid;

2. The Client has the right to unilaterally terminate the Contract, with the obligation to pay compensation equivalent to the value of the Service that GTS should have provided to the Client starting from the date of termination and until the end of the contractual period for that Service, as agreed by the Parties, including any amounts remaining unpaid until the moment of termination.

3. GTS reserves the right to terminate the Contract for non-performance or improper performance by the Client of any obligation assumed by the Contract; The contract can be terminated by a simple notification, without fulfilling other prior formalities, the termination occurring with immediate effect from the date of communication and without the need for the intervention of the court. In this situation, the Client owes GTS damages representing the value of the damage suffered by GTS.

4. The Client may terminate the Contract by a simple prior notice of five (5) working days, without fulfilling other prior formalities, the termination occurring with immediate effect from the date of communication and without the need for the intervention of the court, only if the Services are unavailable for three (3) consecutive days, with cumulative compliance with the following conditions:

1. The client notified GTS in writing of this situation within 4 hours of the finding and

2. If it is proven that the unavailability of the Service had a reason related to the exclusive control of GTS.

   1. Upon termination of the Agreement, the respective Service/Services are suspended immediately.

   2. In case of termination of the contract or at the closure of the Account, the data hosted in the cloud is permanently deleted according to the GDPR chapter – Personal Data Processing.
      
      

Limitation of Liability

3. GTS is not liable for indirect damages, loss of profits or loss of data.

4. The maximum liability of the GTS is limited to the monthly value of the contracted and prepaid Service.
   
   

Governing Law and Jurisdiction

5. This GTC is governed by Romanian law.

6. Disputes arising out of or in connection with these GTCs, including the conclusion, execution or termination of the contractual relationship concluded under the GTC between GTS and the Client shall be settled by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania in accordance with the Rules of Arbitration Procedure of this Court. The arbitral award is final and binding. The place of arbitration will be Bucharest, and the language in which the arbitral proceedings will take place will be Romanian.

7. By way of exception, in any and all disputes/disputes regarding payment obligations, the Parties will resort to special procedures, if the conditions of the special law are met. In this case, the competent court will be the one at the GTS headquarters.
   
   

Final Provisions

8. These clauses of the GTC constitute the complete agreement between the Parties.

9. Any notification sent by GTS will be communicated to the Clients by email, at the address indicated in the Account, and/or through the Platform.

10. GTS may unilaterally update and modify the GTC (including the tariffs related to the Services), and the updated version becomes enforceable against the Client from the date of its publication on the GTS website and will not affect the Services in progress (based on prepaid Orders). GTS will notify the Client through the Platform within a maximum of 30 calendar days from the date of the GTC update.
    
    
    

This version of the GTC is applicable starting from: 24 July 2026