ExpertBiz

TERMS AND CONDITIONS – EXPERTBIZ USER AGREEMENT

PLEASE READ THE TERMS AND CONDITIONS OF USE BEFORE USING THE EXPERTBIZ BILLING SOLUTION.

I. INTRODUCTION

1. The Contracting Parties

1.1 S.C. Expert Software SRL, with registered office in Str. Partizanilor nr.2, Bl. M3A, apartment 16, sector 6, Bucharest, registered at the Trade Register Office under no. J40/2295/2003, CUI RO15215466, with bank account RO82INGB0000999903000033 opened at ING Bank Bucharest, legally represented by Mr. Cătălin Costache – Administrator, as operator of the platform www.expertbiz.ro, hereinafter referred to as the Provider.

And

1.2. Beneficiary, the user of the ExpertBiz platform and the services offered through it, have agreed:

This document, “Terms and Conditions – ExpertBiz Application User Agreement” is the legal agreement between you and Expert Software S.R.L. Before using our services, please read the ExpertBiz Terms and Conditions of Use carefully.

II. DEFINITIONS

Unless otherwise provided by a definition or interpreted otherwise in the Agreement or otherwise apparent from the context, the following words and phrases shall have the meanings set forth below:

“User Account / ExpertBiz Account”

– represents the registration account created by the User within the ExpertBiz solution;

“Beneficiary”

• means a legal entity under private law (companies, associations, foundations) or public law (e.g. ministry, institution, etc.) that creates an ExpertBiz account through its legal representative or its authorised representative;

“Supplier”

• means S.C. Expert Software S.R.L., a limited liability company organized under the laws of Romania, having its registered office in Strada Partizanilor nr. 2, Bl. M3A, apt.16, sector 6, Bucharest.

“Registration information”

• represents some personal data in the case of natural persons and identification data of legal persons, such as: name, registered office, registration number at the Trade Registry Office or decision of establishment at the court, as well as other national/local registers of legal persons, where applicable, Unique Registration Code, including information necessary for issuing the invoice (e.g. bank and bank account number, address of registered office, telephone number);

“ExpertBiz Solution / ExpertBiz Platform”

• means the web page entitled “ExpertBiz.ro”, the pages available after login to the account (ExpertBiz.ro web portal), as well as smart phone/tablet applications, owned and managed by the Provider.

“Service/Services”/

• means the services made available by the Supplier through the website www.expertbiz.ro in the form of a monthly or annual subscription.

III. SUBJECT MATTER AND ACCEPTANCE OF THE AGREEMENT

1. Acceptance of Terms and Conditions

This Agreement is applicable to all services contracted or accounts made through www.expertbiz.ro. The Beneficiary undertakes to acquaint himself/herself with these conditions before accessing a service or opening an account. Acceptance of this Agreement by the Beneficiary is done by ticking the box “I agree to the terms and conditions”.

If you do not agree to these terms, please do not use the ExpertBiz billing solution, www.expertbiz.ro website and related iOS/Andriod apps.

2. Legal framework

According to the Law on Electronic Commerce (Law 365/2002 as amended by Law 121/2006) “Art. 7: Validity, legal effects and proof of contracts concluded by electronic means (1) Contracts concluded by electronic means produce all the effects that the law recognizes for contracts, when the conditions required by law for their validity are met. (2) The validity of contracts concluded by electronic means does not require the prior consent of the parties to the use of electronic means.”

This Terms and Conditions of Use Agreement (“Agreement”) is a binding agreement between a private or public legal entity or a representative of a separate legal entity (hereinafter “User” or “you”) and S.C. Expert Software S.R.L. (hereinafter “Provider”) regarding the terms and conditions of your access to and use of ExpertBiz.

The ExpertBiz solution or platform is intended for use by people over 18. By using this platform, you declare that you are at least 18 years of age and assume responsibility that the data and information provided by you are true.

The ExpertBiz solution does not have as user or recipient of the service within the meaning of the provisions of Article 1, points 6 and 7 of Law no.365/2002 on electronic commerce, a natural person acting in his own name and not as legal representative of a legal entity, with legal personality, of public or private law.

In this regard, in cases where the ExpertBiz solution is purchased/used by a natural person, in his/her own name and not as a legal representative of a public or private legal entity, he/she expressly assumes, without any limitation, the exclusion from the applicable legislative framework of the legislation concerning consumer protection, as provided for by the provisions of O.G.21/1992 and other relevant related normative acts.

As a result of these provisions expressly assumed by a potential buyer – natural person, in his own name, he expressly waives the right to claim, in relation to the express provisions of O.G.21/1992 and the other related normative acts, applicable, the refund of the amounts paid by way of price for the use of the ExpertBiz solution. In this respect, the Supplier is entitled to refuse any communication or request of a financial, compensatory or any other nature from a natural person acting exclusively on his own behalf.

3. Updates and Amendments

The services offered through the ExpertBiz solution can be modified over time, by adding new functionalities or as a result of improvements to existing functionalities. We reserve the right to modify these Terms and Conditions at any time, the version applicable to the contracted services being the one in force on www.expertbiz.ro.  Any changes will be communicated via the application or other means of communication. Your continued use of the App after such changes constitutes your acceptance of the new Terms and Conditions.

4. Interruption or Suspension of Services

In the event of a breach of the terms and conditions or the occurrence of technical problems arising from the use of the ExpertBiz solution, we reserve the right to interrupt or suspend the services without prior notice, the priority being the restoration and proper functioning of the solution. This may include temporary limitations of access or certain functionalities in order to carry out procedures to identify and remedy the situation that has arisen.

You agree that, in the event of breach of the terms and conditions agreed to in this Agreement, the Provider shall not be liable to you, as the User, for any modification, suspension or interruption in the operation of the services provided.

IV. DURATION OF THE AGREEMENT AND DATA RETENTION PERIOD

This Agreement is concluded for an indefinite period of time from the date of contracting one of the available services or from the date of account creation, and the obligations of the parties shall take effect from that date.

If the Beneficiary does not give notice of cancellation of the chosen subscription at least 30 calendar days before the expiry of the validity period, it will be automatically extended 30 days before expiry without any further formality.

The data recorded in the Beneficiary’s account will be automatically deleted 2 years after the expiry of the contracted subscription for paid services. In the case of free of charge subscriptions, data will be deleted 6 months after the user’s last login to the application. 

V. ACCOUNT CREATION, PRICE AND PAYMENT METHOD

1. Account creation

The user can create an ExpertBiz account on the website www.ExpertBiz.ro, in which case he/she will provide the following information: email address and company details for which the ExpertBiz account is created.

Once the account is created and one of the available subscriptions/services is chosen, the User will have access to the services included in the package of the chosen subscription/service.

2. Price of services

ExpertBiz provides users with a free basic subscription, called “START” for an unlimited period of time, which contains limited functionalities, and any changes to this will be made after prior notification to users via the application and/or the commercial conditions posted on the web portal www.expertbiz.ro.  

After account creation, the user has 30 days free trial. At the end of this period, the Beneficiary can choose one of the subscription options by paying the fee according to the commercial conditions displayed on the web portal www.expertbiz.ro. If the Beneficiary does not wish to take out a subscription at cost, access to the basic subscription offered free of charge, “START”, will remain available. Thus, the Beneficiary will not be required to pay for the services during the trial period and the first payment will be initiated after the trial period has expired.

If the Beneficiary cancels the service paid for during the trial period or later, the amounts paid cannot be refunded and the services remain available until the expiry date of the subscription/services paid for.

Prices are subject to change at any time and changes will be announced in advance, the reference costs being those available on www.expertbiz.ro.

3. Method of payment

Payment for contracted services is made online by credit card. By paying online you agree to be bound by the terms and conditions of the online payment processor. All card information with which you make the payment will only be filled in the secure platform of the payment processor and will only be accessed by the payment processor.

After the expiry of the paid subscription, your access to the functionalities of the expired subscription will be restricted, but you will still be able to use the functionalities available in the free version; it is entirely your responsibility to renew your subscription if you want to continue using the ExpertBiz.ro chargeable services.

4. Subscription extension (renewal)

When your paid subscription expires, we send information notifications to your account. ExpertBiz or to the email addresses that have the administrator role associated with your account in the application; make sure you receive the email notifications from office@expertbiz.ro; the process for extending your subscription is similar to the initial payment.

If, during the validity of a paid subscription, the Beneficiary wishes to migrate to a higher tariff plan or to add additional services, this will be done by extending the validity for a new period, equal to or longer than the initial one, starting from the date of payment of the new services or subscriptions chosen.

5. Additional services

Whenever you wish to access additional functionalities of the platform that are not included in the initial subscription, you have the possibility to contract a higher subscription or extra modules/functionalities, and pay the difference resulting from the current unused subscription plus the costs of the new service contracted for the chosen period.

6. Development and testing of new functionalities

The ExpertBiz solution is constantly being developed to meet all the needs of its users. As new functionalities are developed, the Supplier may make them available to users free of charge for limited periods of time for testing purposes.

The present Terms and Conditions of Use always apply when you use the ExpertBiz solution, including during the testing of certain functionalities to which a number of technical limitations and constraints may apply, which the Provider will communicate at the time of activation.

After the end of the trial period, the Beneficiary may choose to purchase the related package/option providing access to the functionality, all pricing aspects to be communicated prior to purchase.

VI. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. Rights and Obligations of the Beneficiary

a) The beneficiary guarantees that all registration information provided is correct, accurate and true at the time the application is completed;

b) The beneficiary is the legal representative of the company he/she is entering in the ExpertBiz solution or holds a power of attorney from the legal representative to enter the legal entity represented in ExpertBiz. Otherwise, he/she understands and assumes that the Provider may block access to ExpertBiz and may request documentary evidence to this effect.

c) The Beneficiary shall be solely responsible for the entire contents of its account, for any violation of legal provisions or third party rights, including the conclusion, performance and termination of its service contracts with legal entities.

d) It will not use the solution for any other purpose than the one for which the Provider makes it available and presents it publicly on www.expertbiz.ro. Prohibited activities include, but are not limited to:

• criminal or harmful activity, including child pornography, fraud, trafficking in obscene material, drug trafficking, gambling, harassment, stalking, sending unwanted electronic messages, copyright infringement, infringement of patent rights or theft of trade secrets;
• systematic extraction of data or other content from the ExpertBiz solution to create or compile, directly or indirectly, a collection, compilation, database or directory, without the Supplier’s written consent;
• any unauthorized use of the Provider’s Services, including the collection of Users’ usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email;
• engaging in unauthorized framing activities on an ExpertBiz solution medium or unauthorized connection to the ExpertBiz solution;
• engaging in any automated use of the system, such as using scripts to add knowledge or submit comments or messages, or using any data-mining algorithms, bots or other similar data gathering and extraction tools;
• interfering with, disrupting or creating an undue burden on the ExpertBiz Solution, networks and/or services that are related to the ExpertBiz Solution;
• attempting to assume the identity of another User or another person;
• use of a User Account belonging to another User;
• using any information obtained through the ExpertBiz solution to harass, abuse or harm another person;
• using the Provider’s Services as part of any effort to compete with the Provider or to provide services as an agent or representative;
• decrypting, decompiling, disassembling or reverse engineering any software comprising or in any way constituting part of the ExpertBiz solution;
• use the ExpertBiz solution in a manner inconsistent with applicable laws and any other applicable regulations.
• creating an account and/or using the ExpertBiz solution on behalf of a legal entity of which you are not the legal administrator or for which you do not have the consent of the company in question to do so.

e) The Beneficiary undertakes to comply fully with the provisions relating to copyright and personal data protection introduced in ExpertBiz.

f) The Beneficiary assumes full responsibility for documents issued and sent, processed or saved using the contracted services.

g) The Beneficiary will process personal data in accordance with the legal provisions in force and is obliged to comply with the legislation in this field, and the Provider cannot be held responsible for any damage or violation of the rights of third parties.

h) The Beneficiary may add several users with different access rights to the account created.

2. Rights and obligations of the Supplier

a) The provider ensures the connection to the ExpertBiz solution through a secure communication protocol (https).

b) Ensures synchronisation of user account data so that it is available from any device, anywhere, via internet access.

c) The provider ensures a service availability of 99.8% per year, except for maintenance periods announced in advance by e-mail or in the application. Taking into account the dependence of the services offered on internet access, possible technical and system limitations that may occur, the Supplier assumes a duty of care regarding the availability of the services as per the above percentage. If, however, the Beneficiary has been unable to access the service for reasons attributable to the Provider for a period longer than that guaranteed above, he may request a proportional refund of the subscription paid for the period during which the service was not available.

d) The Provider shall have the right to suspend without prior notice the Beneficiary’s access to the ExpertBiz application if the Beneficiary or its users are accused of one or more of the actions set out without limitation in paragraph d), Rights and Obligations of the Beneficiary.

e) In addition, depending on the type of prohibited action taken by the Beneficiary, the Supplier may refer the matter to investigative bodies and automatically provide all data to the Beneficiary.

f) In any of the situations provided for in point d), to the extent that the Provider has suffered any type of damage, has incurred costs or has in any way limited its rate of profitability, the Beneficiary shall be solely responsible for covering these in full, together with any other legal expenses incurred in the recovery/restoration process.

g) The provider has the right to collect anonymous data on how the services provided are used and may publish them in aggregate.

h) The supplier has the right to change the content of the packages as it deems necessary for the development of the product (to add functions to some packages or to redistribute functions between packages). These changes will not affect ongoing subscriptions for the duration of their validity.

VII. INTELLECTUAL PROPERTY

The provider owns all intellectual property rights to the ExpertBiz software solution, logo, images, structure and design. The content provided through the ExpertBiz solution, structure, design, images, logo and logos contained therein are owned by the Supplier and are subject to copyright and other intellectual property rights in accordance with the Romanian and European legislation in force. The content of the ExpertBiz solution includes, but is not limited to, all source code, databases, functionality measures, software, design, audio, video, text, photos and graphics.

Trademarks owned by Provider may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without Provider’s prior written consent.

The ExpertBiz Solution Content may not be used, copied, reproduced, republished, uploaded, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of the owner. Systematic retrieval of data or other content from the ExpertBiz Solution to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from the Provider is prohibited.

The Supplier does not transfer its ownership rights in the ExpertBiz solution to the Beneficiary. The Supplier retains all related intellectual property rights. It is not permitted for the Beneficiary to redistribute, sell, decompile, reverse engineer, disassemble or otherwise bring the ExpertBiz solution into a human-perceivable form.

Nothing contained in this Agreement shall be construed as granting, by implication or otherwise, any license or right under any patent or trademark owned by Expert Software S.C. It is prohibited to modify, copy, publish, reproduce or commercialize this solution or any information associated with it.

VIII. WARRANTIES

The Beneficiary confirms that the data and information entered on the ExpertBiz solution are true, that he/she is the legal representative or expressly authorized representative of the legal entity for which he/she is creating an ExpertBiz account or that he/she has the permission of the legal administrator to do so, and that the invoices issued from the ExpertBiz solution are true and correct. The User assumes full responsibility for the data provided and accepts that the Provider shall not be held liable to the User and/or third parties for damages of any kind resulting from the provision of erroneous information by the User. If the User registers in ExpertBiz a company for which he/she is not the legal administrator and/or does not have the consent of the company in question to do so, the Provider may remove this company from the User’s ExpertBiz account.

IX. LIMITATION OF LIABILITY

The Beneficiary uses the ExpertBiz solution at its own risk, the Provider being free from any liability for any direct or indirect damage caused by using or accessing the ExpertBiz solution or as a result of using its information. The Provider shall not be liable for errors or omissions that may occur in the preparation or presentation of the materials in the ExpertBiz Solution. Unauthorized operations on the ExpertBiz application and attempts to carry them out, including but not limited to: misuse, fraudulent use, unauthorized access, modification, copying of information for commercial purposes, blocking access, etc., shall be punishable by law.

X. PROCESSING OF PERSONAL DATA 

By accepting the Terms and Conditions of use of ExpertBiz solution, the Provider (Expert Software SRL) is empowered by the User to process the personal data necessary to provide the chosen services.

The personal data used to provide the services are:

When registering your account in ExpertBiz, you will be asked for: your email address and the data of the legal entity – Beneficiary, the latter not being personal data.

For the use of the services made available: the Provider does not require personal data to be added to the documents issued through the solution, but, being a billing application, the user can add personal data to invoices or other documents, which cannot be provided by the Provider.

For recurring payments, additional information will be requested in order to correctly associate with the bank account and token generated by the payment processor: name, surname, email, address, phone.

All information provided through the ExpertBiz Solution is stored in secure data centres for information storage in compliance with the General Data Protection Regulation (GDPR) and ISO 27001 certified.

The information provided by the User will be stored by the Provider in electronic format, and will not be provided to any third party, other than those directly involved in the provision of services specific to the ExpertBiz solution, only when the chosen service requires it, such as the Netopia payment processor or the ANAF RO e-Invoice system.

Security of personal data provided by the User in the ExpertBiz solution:

Expert Software SRL, as a supplier of ExpertBiz Solution has implemented ISO 9001 Quality and ISO 27001 Information Security Management Systems. According to these standards, the following measures are taken at organisational level to limit access to personal data:

• All passwords and access data stored in the ExpertBiz solution are encrypted
• Permanent monitoring of access to the database
• Expert Software employees have limited access to any personal data, which is used exclusively for the provision of contracted services. Furthermore, each employee of the Supplier has assumed specific confidentiality clauses regarding the personal data to which they have access.
• Safety copies made regularly

In the event of a security incident, in accordance with Article 33 of the European GDPR Regulation, it will be reported to the National Supervisory Authority for Personal Data Protection and notified to the User.

User’s rights over personal data

• The user may request information on the processing activities of the personal data provided at any time during the contractual period;
• The user may request the rectification of inaccurate or incomplete personal data;
• The user may request deletion of the data if the processing was not lawful or in other cases provided for by law;
• The user may request restriction of processing or object to processing if the data is inaccurate and in other cases provided for by law; 
• The user has the right to data portability with the right to receive, upon request, personal data in a structured, machine-readable format and to have it sent directly to another controller; 
• The user may lodge a complaint with the National Supervisory Authority for the Processing of Personal Data about the way personal data is processed;
• If the processing is based on the user’s consent, the consent may be withdrawn at any time. Withdrawal of consent will only be effective for the future, the processing carried out prior to the withdrawal will remain valid.

To exercise these rights you can contact us at dataprotection@xpertsoft.ro or at our Spl. Independenței nr. 319C, Trust Center corp A, floor 1, sector 6, Bucharest

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Privacy Policy 

XI. MAJOR FORCE

Neither of the contracting parties shall be liable for failure to perform on time or/and improper performance – in whole or in part – of any obligation incumbent upon it under this contract, if the failure to perform or improper performance of that obligation was caused by force majeure, as defined by the law of the Romanian State, a fact confirmed by the Chamber of Commerce and Industry of Romania.

The following shall not be considered force majeure: (a) strikes or absenteeism of the Supplier’s personnel or of third parties to whom the Supplier has entrusted the performance of a part of the Services (b) fault of a third party to whom the Supplier has entrusted the performance of a part of the Services or of a third party engaged by the Supplier for the performance of the Services, (c) lack of funds for the Supplier as well as severe increase in the Supplier’s financing costs, (d) severe increase in the cost of materials and/or labour.

The Party invoking force majeure is obliged to notify the other Party within 3 (three) days of the occurrence of the event, and within 15 (fifteen) days from the date of notification, the Party concerned shall communicate to the other Party the confirmation of the Chamber of Commerce and Industry of Romania regarding the existence of force majeure. The Parties shall endeavour to continue to fulfil their obligations to the extent practically possible and undertake to take all possible measures to limit its consequences.

If within 30 days of the occurrence of the event the event does not cease, the parties shall be entitled to give notice of termination of this contract without either party being entitled to claim damages. The Supplier may issue claims for payment only for Services already performed in accordance with the contractual provisions as well as for materials (if any) whose purchase has been approved in advance by the Beneficiary.

XII. APPLICABLE LAW

The rights and obligations of the parties set forth in this Agreement, as well as all the legal effects it produces, undertaken pursuant to or in connection with the ExpertBiz Solution shall be governed by and construed in accordance with the laws in force in Romania.

XIII. SETTLEMENT OF DISPUTES

Any dispute arising under this Agreement shall be settled amicably and, if this is not possible, shall be referred to an arbitrator for resolution. In the event that the parties do not agree on the appointment of an arbitrator within 15 days of notification of the dispute, the jurisdiction shall revert to the Romanian courts at the Supplier’s headquarters.

In the event of a dispute between Users and any other third party, the Recipient understands and agrees that the Provider has no obligation to intervene. By this Agreement, the Recipient agrees not to hold Provider, its employees and its successors and assigns harmless from and against claims, demands and damages of any nature whatsoever, known or unknown, foreseeable and unforeseeable, disclosed and confidential, arising out of or in any way connected with such disputes and/or Provider’s Services.