These terms concern all of our users. By registering for our services, we need you and Us to be legally contracting. These Terms of Service are an agreement between Rexosoft srl. and you as a user. This Agreement sets forth the general terms and conditions of your use of the products and services made available by Rexosoft and of the rexosoft.com website. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, We are automatically not be able to serve you since you are not authorized to use or access our Services.
References to “You” and “Your” shall be to you as the User or Customer. References to “Rexosoft” , “We”, “Our” and “Us” shall be to Rexosoft srl
Information About Us
We are Rexosoft G.S.P srl based in Bucharest Romania. Our contact is contact@rexosoft.com
We provide the following services: Shared web hosting, email hosting, software hosting, domain name registration, web design, web development, Web maintenance and Search Engine optimization.
Creation of contract between You and US
By placing an order from Us, you express the will to be bound to this agreement but the contract is not yet formed.
We will send you an e-mail acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Service. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail confirming that we accepted your offer and that the Service(s) will be provided. The contract between Us will only be formed when We send You the Service Confirmation.
The Contract will relate only to those Services whose supply We have confirmed via email of confirmation. We will not be obliged to supply any other Services which may have been part of Your order until the provision of such Services has been confirmed in a separate Service Confirmation.
1. Account Eligibility
By registering for or using the Services, you represent and warrant that:
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times.
Rexosoft srl is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
As a user, you are required to comply with applicable law and have certain obligations with respect to their use of the Services. You are also required to cooperate with us and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.
2. Activation and Auto-Renewal of your service
Unless otherwise provided, your Services will automatically renew on your renewal date unless you notified Rexosoft about cancellation. Autorenewal is applied to ensure uninterrupted service.
Quality service:
We warrant that:
Our services as detailed on our website (www.rexosoft.com) will be delivered in conformity with all description. Rexosoft will perform service with will and commitment in accordance with generally recognized commercial practice and standards. We will provide service in accordance with all applicable legislation. Any modification in legislation will be an object of adaptation.
Money back guarantee
Rexosoft offers thirty (30) day money-back guarantee for shared hosting service. If you are not satisfied with our service and you decide to terminate your services within thirty (30) days from the day you signed up, Rexosoft will give you back a full refund of the amount paid for your hosting service. From the list of service offered by Rexosoft, money-back guarantee only applies to fees paid for hosting services. To identify that your cancelled account is in money back guarantee, you will notify Rexosoft through a written request to contact@rexosoft.com Rexosoft ask no further question, up on reception of your request, refund will be sent to you immediately. Thirty (30) days money back guarantee is available only at the first sign up. Once terminated your service with Rexosoft, your next purchase of hosting plan will not be eligible to thirty (30) days money back guarantee.
3. Rexosoft Content
With exception of user content defined in the next section, all content available through the Services, including information, text, images, graphics, designs, video, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “RexosoftContent”), are the proprietary property of Rexosoft or Our licensors’.
Rexosoft Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by the Company and the Company’s licensors.
4. User Content
As a User, you may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services they are classified as “User Content”.
User Content includes any content posted by you or by users of any of your websites hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (1) you have all the necessary rights to post or distribute such User Content, and (2) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to: (1) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (2) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Rexosoft exercise no control over, and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Rexosoft shall have no liability due to any corrective action that we may take.
5. Compliance with Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. We do not offer the Services where prohibited by law.
In accordance with European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and store in in our servers on your behalf.
6. Billing and Payment.
The price displayed on our website are respected. You are solely responsible to check and understand the difference between on purchase and renewal price. The first price that we call on purchase price may be different from renewal price if we are selling plan(s) on a discount. Service prices may be subjected to VAT and any change in VAT rate will be applied in accordance with the law.
We make all possible effort to keep the prices on our website correct in comparison with our billing system however, in case of price mismatch between offer on our website and our billing system as a result of price revision. We may charge the lower or higher amount when providing the Service to You. In both cases, we will at Our discretion, either contact You for instructions before providing the Service, or reject Your order and notify You that We are rejecting your order before formation of contract.
If the pricing error is obvious and unmistakeable and could have reasonably recognised by You as an error, We do not have to provide the Services to You at the incorrect price.
Rexosoft reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on your service plans. It is your sole responsibility to periodically review billing information provided by Rexosoft through the user billing tool or through other methods of communication, including notices sent or posted by Rexosoft.
License costs of all third party applications and software offered with our plans are subject to change without written intimation.
7. Payment Card Industry Security Standard Disclaimer.
We comply with the Payment Card Industry Security Standard in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. We do not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.
8. Auto-renewal
Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
9. Taxes
Prices shown do not include foreign taxes. Depending on your address, taxes may be applied and they will be added on your invoices separated from the price of your services.
10. Late Payment or Non-Payment.
Nonpayment of due invoice may result in suspension or termination of your service. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
11. Invoice Disputes
If you realize a non-clarity on a charge from your account, please reach out to our support by texting directly contact@rexosoft.com to get assistance.
12. Domain Registration
All Domains reserved from our website shall be registered through Our partner company. No refunds will be given once a domain is registered. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
By registering a domain with Us you agree to comply with the content standards set out in our acceptable use policy in respect of any material posted on or associated with any Domain.
Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the Domain name including but not limited to ‘cyber squatting’, We reserve the right to immediately terminatethis service and no refunds shall be made.
We reserve the right to change the registrar that a Domain is held with at Our discretion and without notice to You.
You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
You agree and acknowledge that We may make the details provided by You to Us in relation to any Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority.
13. Third Party Products and Services
We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
The Rexosoft srl does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider.
You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostGator is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
14. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by us as well as articles, content such as: photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties. We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
15. Account Security and Rexosoft srl Systems
You acknowledge that it is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. As a User, you are ultimately responsible for all actions taken under your account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled.
We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
16. Compatibility with the Services
You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Rexosoft does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
17. Cancellation
You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.
18. Refunding at cancellation
Only first-time accounts are eligible for a refund. if you have had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee
19. Termination
We may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm the Company or others or cause the Company or others to incur liability, as determined by us in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Upon termination of the services for any reason, user content, user websites, and other data may be deleted.
20. Resource Usage
Bandwidth usage is limited or unmetered depending on your service plan. We supply burstable bandwidth connectivity services. The connectivity shall include multiple connections and a network operations centre that monitors servers, the network platform and internet access.
If Your account exceeds the bandwidth limit, We will inform You. In this case you will be in obligation to take action. If You do not wish to purchase extra bandwidth or upgrade your services and instead continue to exceed the limit, Your account shall be suspended until You demonstrate to Us that You have taken measures to ensure that the limit won’t be exceeded again or upgrade Your account, whichever is earlier. Any re-activation will be made in the following month.
21. Limitation of Liability
In no event will Rexosoft srl, its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if Rexosoft srl is aware or has been advised of the possibility of such damages.
You assume sole responsibility for results obtained from the use of the Services and/or any related software by You, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to You in connection with the Services, or any actions taken by Us at Your direction.
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
Nothing in these Terms and Conditions excludes Our liability for fraud or fraudulent misrepresentation.
The applicable Service Level Agreement to Your Services states Your full and exclusive right and remedy, and Our only obligation and liability in respect of, the performance and/or availability of the Service, or their non-performance and non-availability.
Our liability to You in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents shall be limited to the three(3) months fees paid by You to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until You have provided documentary evidence to Our satisfaction proving that loss has occurred.
We exclude all liability of any kind in respect of any material on the internet posted by means of the Services and We are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
22. Written Communications
In cases where applicable laws require that the information or communications, We send to You should be in writing. When using Our website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our website (www.rexosoft.com). For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
All notice from You to Us must be done by email or posted directly on our website, rexosoft.com.
23. Indemnification
You agree to indemnify, defend and hold harmless Rexosoft, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
24. Severability
If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
25. Backups and Data Loss
Your use of the Services is at your sole risk. Rexosoft srl does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on Rexosoft for backup. It is solely your responsibility to maintain backups. We arenot responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.
26. Waiver
If We fail, at any time during the term that We provide the Services, to insist upon strict performance of any of Your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
A waiver by Rexosoft srl of any default will not constitute a waiver of any subsequent default.
No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with these agreements
You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is strictly prohibited and will qualify your Account for immediate deactivation with no refund. Rexosoft srlwould be the sole arbiter as to what constitutes a violation of this Clause.
27. Web Design Services
27. a. Terms of use for Web Design Services
The Rexosoft promesses to deliver comprehensive web design services to the Customer for specific websites, the client bring their own domain name. The fees for the services provided will be those displayed on ous website at https://rexosoft.com/web-design.php. For packages with recurring payments, Rexosoft reserves the right to revise rates at any time, but these changes will only apply after notice to the Client.
The services provided include:
Building a Website / online shop (Web Design)
Rexosoft will build the website or online shop following the model and design agreed upon with the customer. if the Customer chooses PREPAYMENT OFFER, the Customer will have three months of reviews during which modifications needed on the website will be free. after this period, updates will be charched at the rate of our Web Maintenance services. If The customer chooses STARTUP OFFER, modifications or any update on the website will be forever free as long as the startup offer package is active.
Free Web Hosting
Rexosoft will offer free web hosting exclusively for each respective website built by Us. This hosting service cannot be used to host an additional website. If the Customer chooses the "Startup Offer" package, Web Hosting is for an unlimited duration, as long as the Customer continues to use this service. If the Customer chooses the "Prepayment" package, Hosting will be free for 12 months. After this period, the Customer can order hosting services according to our current pricing.
Maintenance
If the Customer chooses the "Startup Offer" package, maintenance is included and will be provided for an unlimited duration, as long as the Customer continues to use this services. If Customer chooses the "Prepayment" package, maintenance is covered for three months. After this period, the Client can order maintenance and hosting services separately according to our current pricing.
Online Store (if applicable)
If the websites to be built is an online store, only the entry of the first 30 products is included, provided that the Client provides the images, prices, and descriptions of each product. Beyond 30 products, The Customer will request an offer for products entry for their shop. the pricing will be negociated by the Customer and Rexosoft.
27. b. Termination of ongoing Web Startup offer package of Web Design
The Client has the right to terminate services at any time. For "Startup Offer" package, Web Design services is considered offered free as long as the Customer keeps the monthly maintenance fees for 27 moths. after this period, the Customer may decide to terminate and keep the website or online shop. If the Customer used Startup offer package for less than 27 months, past payments will be considered as maintenance and Hosting fees, then the Customer will pay for Web Design services at the current pricing if they wish to keep their website or online shop. After this payment, the customer will get 12 months free hosting that we offer to any website built by Us under prepayment packages.
Entire Agreement
This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Law and jurisdiction
These Terms and Conditions and the documentation referred to herein, the purchase of Services through Our website and any dispute or claim arising out of or in connection with the same or their subject matter or formation (including non-contractual disputes or claims) will be governed by Romanian law. Any dispute or claim arising out of or in connection with these Terms and Conditions or the formation of the contract between Us (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Romania.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
