SERVICE CONTRACT
1. DEFINITIONS OF A GENERAL NATURE - The terms used below shall have the following meanings:
1.1 SUPPLIER - hereinafter defines and denotes INOVARE-PRIM SRL as "Supplier", represented by Marina POPUSOI, legal address: mun. Chisinau, bd. Ștefan cel Mare și Sfânt nr 171/3 ap.138, fiscal code 1012600021272
1.2 Order - request addressed to the Provider by a natural or legal person requesting services offered by the Provider;
1.3 Client - defines the natural or legal person;
1.4 Contract - means the INOVARE-PRIM SRL standard contractual document as well as any other documents (or annexes) of a contractual nature, for which the agreement was expressed at the same time or after the conclusion of the Contract with the Client;
1.5 Data Centre or Data Center - defines the space and infrastructure for storing equipment under special conditions.
1.6 Colocation - defines the manner of placing the equipment belonging to the Customer in the Data Centre of the SUPPLIER at the address of the municipality of the Customer. Chisinau, Uzinelor Street 21;
1.7 Dedicated server - defines the equipment rented and located in the SUPPLIER's data center at the address mun. Chisinau, Uzinelor Str. 21;
1.8 Billing cycle - defines the recurrence at which the contracted service is billed;
2. Object of the Contract
The object of this contract is the provision by the Supplier of services so that the client benefits from the contracted services stipulated in Annex No. 1 under the terms and conditions agreed in accordance with the contract.
3. Modalities of the contract
3.1. The deadline for activation of the contracted services is 8 hours from the moment of receipt and verification of the equipment by the CLIENT.
3.2. In the event that the CLIENT complains of a malfunction of one of the contracted services, the Supplier undertakes to remedy any malfunction due to its fault within 8 hours of the problem being reported.
3.3. A malfunction of a service contracted and found by the CUSTOMER, shall be notified to the SUPPLIER by telephone or at the email address indicated in Annex No. 2, giving as broad a description as possible of the malfunction or errors found and providing additional information.
3.4. The SUPPLIER shall give notice by e-mail of any intervention or maintenance work on the supplier's communications network at least 72 hours before the actual work. The period of scheduled intervention shall not be considered as a period of service non-functionality. This may not exceed a maximum of 4 hours and such interventions shall be scheduled only between 22:00 and 06:00 (GMT+2). For the purposes of this Article, the Supplier shall be entitled to a maximum of 4 scheduled interruptions per year.
3.5 It is agreed by both parties that any communication by email shall be deemed to be sufficient for the transmission of any information or notices by the other party to the contract arising out of the performance of this contract. The official addresses for receipt and dispatch of correspondence for the Supplier are set out in Annex 2. The Supplier reserves the right to use other email addresses exclusively for sending: data, information or notifications to the Customer. The e-mail addresses for sending and receiving correspondence for the Customer are specified in "Annex No. 2". The Customer may send from these addresses a power of attorney approving other e-mail addresses for correspondence with the Supplier, but the number of these addresses may not exceed three.
4. Contract value. Invoicing and payment terms
4.1 The value of this contract consists of the consideration for the services contracted as per "Annex No. 1" and other services subsequently contracted by the client. The fees do not include costs arising from the use of services provided by third parties or which exceed the scope of this contract.
4.2 For services contracted by the Customer, the SUPPLIER shall issue a payment account within the first 10 (ten) days of each billing cycle.
4.3 The payment account shall be paid by the Customer within a maximum of 10 (ten) calendar days after receipt from the SUPPLIER. In case of failure to comply with the payment deadline, the Customer may be required to pay a penalty of 3% of the amount due and unpaid (one-time penalty and not calculated for each day of delay) but not less than 20 MDL. Also, in this case, the SUPPLIER reserves the right to fully or partially restrict the Customer's access to the contracted services. Any restrictions applied in this case shall not be considered as failure to provide services to the customer. As soon as the Customer honours the payment due according to the account submitted, the PROVIDER will resume the provision of the contracted services.
4.4 The Supplier will issue the invoice on the last working day of the month.
4.5 Payment accounts shall be sent by electronic mail (email) to the address specified by the customer as per "Annex No. 2". The Provider shall also send two notifications of unpaid accounts before restricting access to the services. Receipt of the accounts payable issued by the supplier shall be the sole responsibility of the customer and non-receipt shall not release the customer from his contractual obligations, including payment of debts to the supplier.
4.6 The tax invoice shall be issued by the Supplier and sent to the Customer via the state electronic system e-Invoice.
4.7 The payment made by the customer shall be deemed valid when the money is actually received in the supplier's bank account or cashier.
4.8 Money transferred in advance to the supplier will be automatically used by the system to settle accounts for payment.
4.9 Money transferred to pay for services that have been activated will not be returned after the first 30 days following the first payment made by the Client. The first payment being defined as the date of payment when the Client for the first time accessed the service provided by the Provider, here being excluded subsequent extensions.
4.10 The price of the services is indicated without VAT in "Annex No. 1" to this contract. VAT shall apply at the standard rate of 20%. Payment shall be made by the Client by bank transfer in MDL taking into account the MDL/currency exchange rate established by the NBM at the time of payment.
5. General conditions of provision and use of services
5.1 Web Hosting
5.1.1. The hosting account is limited to a number of files (INODES) which is indicated in Annex No.1 of this contract.
5.1.2 Email - The Provider restricts the transmission of emails to no more than 30 messages transmitted per hour from the same account. This limit may be increased to 300 messages transmitted per hour only if the customer purchases a dedicated IP for the shared web hosting account.
5.1.3. Backup - Free backups of shared web hosting services are made weekly and are kept for a period of 30 days in the following order: Last four Sundays
5.1.4. The Provider does not check the integrity of the backups and their contents
5.1.5. Backups are performed and restored to the entire hosted account.
5.1.6. The Provider shall provide technical support and advice for the service provided but shall not be involved in the programming, editing, debugging of hosted files.
5.2 Unlimited Web Hosting
5.2.1. The hosting account is limited to a number of files (INODES) which is indicated in Annex No.1.
5.2.2. Email - The Provider restricts the transmission of emails to a number not exceeding 30 messages transmitted per hour from the same account. This limit may be increased to 300 messages per hour only if the customer purchases a dedicated IP for the shared web hosting account.
5.2.3. Backup - Backups are not included and are activated against payment. Backups are made weekly and are kept for a period of 30 days in the following order: Last four Sundays. Backups are not automatically made if the hosting account exceeds the 30GB limit.
5.2.4. Restrictions - The customer is not allowed to upload video, audio, backup or other files to the hosting account that are not related to the website activity.
5.3 Registration and extension of web domain names
5.3.1 Domains are registered for a minimum period of 1 year and cannot be cancelled after registration.
5.3.2. The Provider acts as an intermediary for all ".md" ".ro" ".com" ".eu" etc. domain extensions.
5.3.3. The maximum period for which ".md" domains may be extended is 5 years.
5.3.4. Correction of a spelling mistake in the domain name is not allowed. Once the domain name is registered or extended, the provider will not refund any fees for the domain name already registered/extended.
5.3.5. The Customer is responsible for all registered and registered domain name data such as contact details to be current, complete and accurate throughout the registration period. The only truthful data are those provided by the customer, the provider is only obliged to take note of the data communicated by the customer or to carry out research on their accuracy.
5.3.6. To transfer the domain name to another provider, the customer shall submit a completed request on the current provider's form and submit it from the email address with which he is registered only after which he can receive the unique transfer authorization code.
5.3.7. Acceptance of the request and registration of a domain name does not mean that the provider acknowledges that the customer has the legal right to use the name, including in the case of domains that refer to trademarks, company names or well-known personalities.
5.3.8. The customer owning a domain name shall not involve the provider in disputes arising from the use of the domain name. The Customer undertakes to fully indemnify the Provider in respect of all costs, expenses and compensation costs incurred by third parties, including court costs and attorneys' fees incurred by the Provider by reason of the unlawful registration and/or use of a domain name.
5.3.9. The web domain renewal price may be changed every year and adjusted according to the market price.
5.3.10. Expired domains cannot be transferred to another registrar.
5.3.11. Expired domains enter the redemption period for a period of 30 or 60 days (depending on the domain) and can only be extended after payment of the penalty + extension fee.
5.3.12. After the end of the redemption period, the domain is free and can be registered by another person. Domains registered by another person can no longer be retrieved, registered, extended.
5.3.13. The registration of some domains may require the presentation of data from identity documents or other documents depending on the domain extension.
5.3.14. After registration or extension of a domain, transfer of the domain to another registrar is blocked for a period of 60 days.
5.4 Colocation
5.4.1 Physical access to the Customer's equipment shall be permitted on working days between 8:00 a.m. and 8:00 p.m. only to persons authorized in Annex No. 2 of this Contract and with at least two hours' prior notice.
5.5 VPS virtual servers
5.5.1 The Customer is solely responsible for the integrity of the information that is stored on the VPS and it is at the Customer's discretion whether to make backups.
5.5.2. The Supplier shall not be involved in the configuration or administration of applications installed on the VPS.
5.5.3. Backups (or automated backups) are not included in the cost of the VPS. The service (backup) is activated at the request of the customer.
5.6 IP Telephony Station (Virtual PBX)
5.6.1. Technical consultations are only done through the ticket system
5.6.2. The supplier offers free technical assistance by telephone or via the ticket system within the limit of three interventions per month. The following are charged at EUR 15 per hour.
5.6.3. The provider only manages its own software and widgets, not those created by third parties.
5.6.4. The option "Integration with CRM" allows integration only with amoCRM via widget created and managed by the supplier. In case of connection with other databases or CRM, the provider only provides access to API support for the connection.
5.6.5. The retention period for calls recorded is 30 calendar days. Calls can also be stored for a longer period for an additional charge at the customer's request.
5.7 Minute subscription (fixed telephony)
5.7.1. The price of the subscription with minutes included is described in Annex No 1.
5.7.2. The price for the service of the number is described in Annex No 1.
5.7.3. Extra minutes are payable in addition to the subscription as per the tariffs in Annex 1.
5.7.4. Porting of numbers outside the provider's network during the active term of the contract shall be penalized by an amount of 800 MDL excluding VAT for each ported number.
5.7.5. Telephone numbers may be connected only to IPv4 equipment located on the territory of the Republic of Moldova.
5.8 SMS-Informative
5.8.1. Informative or commercial SMS messages shall be sent to recipients only after obtaining their consent to receive such messages.
5.8.2 The Customer shall ensure that the recipient's consent to receive informative SMS messages sent is obtained before they are sent to the recipient.
5.8.3. The Customer shall ensure interconnection and compatibility with AMPLICA equipment for the proper transmission of informational SMS messages to recipients.
5.8.4. The number of informative SMS messages sent in one hour shall not exceed 1500 units.
5.8.5. The content of the SMS must be approved by the provider prior to transmission to the recipients.
5.8.6. The SMS content transmitted must comply with the applicable legislation, ethical and moral rules agreed in the company.
5.8.7. The customer transmits the recipient number, template code, variable fields to the supplier.
5.8.8. AMPLICA sends to recipients according to the information received from the customer.
5.8.9. The customer is not entitled to forward information such as: loss of stamp and other documents, reorganization or insolvency of enterprises, political and religious propaganda, damage to the honor and honor of enterprises or individuals, propaganda of pornographic materials and intimate services, state taint.
5.9 Server administration
5.9.1 The Customer is obliged to provide root or administrator authentication data from the equipment listed in the Annex.
5.9.2. The Supplier is responsible for the actions performed on the administered equipment and has the right to change the access data or restrict the Customer's access to the administrator or root accounts of the equipment for the active period of the contract.
5.9.3. The Customer is obliged to modify or replace certain hardware or software elements at the request or recommendation of the Supplier, which could lead to disruption of the operation of the Equipment. Otherwise the supplier gives no guarantee of stable operation of the managed equipment.
5.9.4. The supplier does not make changes in software or programming, only administration of existing software.
5.9.5. Communication between the supplier and the customer is done via the ticket system in the ticket board https://amplica.shop/submitticket.php?step=2&deptid=7 to which the customer will be given access.
5.9.6. The type of SLA is dependent on the priority of the open ticket. High priority (HIGH) - up to 60 minutes, medium priority (MEDIUM) up to 4 hours on working days, low priority (LOW) up to 8 hours on working days.
5.9.7. Tickets opened by mail transmission to the ticketing system are automatically marked with LOW priority.
5.9.8. Requests by telephone are not considered official but may be taken into account
5.9.9. The supplier has the right to install additional applications on the equipment to monitor the equipment load and prevent incidents that could lead to unstable operation of the equipment.
5.10 Fibre Internet
5.10.1. The provider provides Internet services via GEPON technology (fibre is routed to the customer's office)
5.10.2. The customer must provide a 220V power outlet where the provider's converter will be connected, the room must be dry with humidity not higher than 80% and temperature not lower than +5 - maximum +35 degrees.
5.10.3. The equipment shall be given to the custody of the customer for the entire contract period. In case the equipment is damaged due to the client's fault the supplier is entitled to charge a payment of 800 MDL from the client for the replacement of the equipment.
5.10.4. In case of technical problems the customer must notify the supplier by email or telephone.
5.10.5. The supplier is obliged to rectify technical faults within 8 working hours. In the event of a cable break on the route the time limit may be extended to 24 working hours.
5.10.6. Internet access speed is stipulated in Annex 1 to this contract.
5.10.7. Fiber optic internet speed for home and business customers is shared, port is allocated up to fifty customers simultaneously. If a customer uses the Internet bandwidth intensively, it may affect the targeting of other users on the bandwidth.
5.10.8. The Customer is prohibited from: using IPs other than those that have been assigned, sending Flood traffic, port scanning, sending spam, reselling the service.
6. Contract duration
6.1. The contract shall enter into force on the date of signature by the parties hereto.
6.2. The contract shall be valid for the period indicated in Annex 1 but not less than 36 months from the date of signature. The contract may be extended by means of an additional annex.
6.3. After the expiry of the contract, the services shall continue to be provided until the client submits a request to discontinue the services provided.
7. Termination of contract and cancellation of services
7.1. The contract may be terminated before its expiry date only by written agreement of both parties.
7.2. The Supplier may consider the contract to have been terminated by operation of law, without the intervention of a court and without any prior formalities being carried out, if the Client fails to fulfil its obligation to pay the accounts for more than 15 calendar days after the due date of the accounts, or if judicial reorganisation or bankruptcy proceedings are initiated against one of the Parties.
7.3. The Customer must notify the Supplier of the intention to stop/cancel the services with at least 30 calendar days.
7.4. After termination of the contract and cancellation of services, the provider may delete all customer data located on the provider's equipment.
8. Consequences of termination
8.1. If the customer terminates this contract early in accordance with point 7.1 of this contract, the customer shall be obliged to pay without delay the cost of subscriptions for subsequent unused months, up to and including the initial term of the contract as set out in point 6.2 of this contract.
9. CUSTOMER rights and obligations
9.1. The Customer undertakes to use the Service in full compliance with the laws of the Republic of Moldova.
9.2. The Client undertakes to immediately notify the Provider of any change in the Client's Identification Data. Otherwise, the Provider shall not be liable for the accuracy of the Client's updated data.
9.3. Without prejudice to other provisions of this Contract to the contrary, the Client understands and agrees that the information displayed via the Website is for information purposes only and may not be the subject of any legal challenge or action or evidence in such legal proceedings. The only information that may be the subject of any legal challenge or action is that which is mentioned in direct correspondence with the SUPPLIER.
9.4. The Customer shall ensure that payment for the contracted Services is made on time without exceeding the due date;
9.5. The Customer must comply with the rules of the world-wide networks when using the Supplier's services for connection.
9.6. The Customer is not entitled to misuse the equipment, leading to disturbances in the Provider's network.
9.7. The customer is solely responsible for the information transmitted over the Internet by misusing the contracted services.
9.8. The Customer shall not upload or transmit pornographic or any other material with sexual or obscene content, pornography-related links using the Provider's network and equipment.
9.9. The Provider's network shall not be used in any form and under any circumstances for the transmission or publication of material, or for undertaking actions considered illegal under the laws of the Republic of Moldova. Illegal materials or actions include, but are not limited to:
● Sending commercial or non-commercial emails not solicited by the recipient, reported or not reported as SPAM, but which may be considered as such
● Infringement of a copyright or any other right of any third party
● Material protected by trade secret or other status
● Material intended to encourage hatred or discrimination
● Threats, abuse, harassment, defamatory statements
● Adult content, nudity, pornography, any image or text with sexual or obscene content
● Promotion of illegal activities (hacking, cracking, warez, etc.)
● Information or software about or containing any type of virus or Trojan except from companies that specialize in fighting, removing or protecting against it and only in compliance with applicable copyright laws
● Collection of personal information for use for illegal purposes, or for any purpose without the consent of the individuals whose data is collected
● Any content or action deemed by the Provider to be : SPAM, Flood, DDoS, MASSCAN on the network is considered illegal.
● Placing data collection forms without protection against internet bots (CAPTCHA is mandatory)
● Sending messages from the website with the sender's address if it does not match the website domain. E.g. message sent from the website but sent as from gmail.com is prohibited
NOTE: Any referral received in this regard and confirmed may lead to immediate disconnection of the services provided with prior notice to the customer by email or telephone.
10. Rights and obligations of the VENDOR.
10.1. The Supplier guarantees 99.9% grid availability only if the Customer's equipment is equipped with two power supplies. If the customer's equipment is equipped with only one power supply, the availability of the power grid is 99%.
10.2. The supplier guarantees a monthly availability of the Internet service of 99%. If, due to the direct fault of the supplier, the guaranteed minimum availability is not reached, the customer will benefit from a reduction in the value of the contracted service, proportional to the period of non-functionality, on the next invoice to be paid to the supplier. A referral shall be deemed active from the moment it is reported by the Customer and received by the Supplier in accordance with point 3.3 of this contract.
10.3. The Supplier guarantees the ambient temperature on the centre date between +18 and +27 degrees Celsius.
10.4. The Supplier guarantees an ambient humidity in the centre date between 45% and +55%.
10.5. The data centre is monitored by video cameras and records are kept for 14-30 days.
10.6. Access to the data centre is allowed only to AMPLICA technicians and authorised by fingerprint scanning.
10.7. Access to the data centre by customer representatives is allowed only to the persons indicated in Annex No. 2.
10.8. The physical security of the data centre is provided by the Prosecutor company under contract A55 of 01.01.2020.
10.9. The PROVIDER shall not be liable for any alteration of information transported outside its own data communication system.
10.10. The services for access to internet services are available NON STOP. The PROVIDER shall provide a minimum of two separate Internet access connections to its own centre. Exceptionally, an IP may be filtered by the provider or its Internet service providers to specific destinations on the Internet in the event of a flood attack with an unidentified source whose virulence endangers the proper functioning of the equipment of the Internet service providers transiting that traffic. This procedure is recognised by ISPs as the only method of protection until the source of the attack is identified.
10.11. The provider shall ensure:
A. online telephone support daily between 8:00 and 23:00 at +37322011011.
B. round-the-clock intervention to solve vendor-specific problems (e.g. hardware failure in the data centre, etc.)
C. non-stop support via email or ticket.
10.12 The Supplier is entitled to use the Client's logo for information purposes.
11. Modification of packages
11.1 Migration to another larger package of the service is possible by means of a request physically presented at the company's premises or electronically signed. The change will be made only after payment of the invoice issued by the Supplier.
11.2. Migration to a smaller package cannot be carried out during the active term of this contract.
11.3. The Supplier will not consider any such request if invoices have been issued in the Customer's name for which payment has not been recorded by the time of the change.
12. Contractual limitations
12.1. The Supplier shall not be liable for any loss of data or any economic loss caused to the Customer, whether direct or indirect, of whatever kind, resulting from the performance of this Contract.
12.2. The Supplier has no ability to exercise control over and assumes no responsibility for the content of the information circulating through its network or the services provided under this contract.
12.3. The Supplier shall not be financially liable for any damage caused to the Customer due to negligence resulting from the failure to provide the services provided for in this contract or from the occurrence of any event or series of two or more connected events, except to the maximum extent of the actual value of the contracted service, related to the period of non-function or malfunction.
12.4. Except for the warranties stipulated in this contract, all other warranties that may arise are excluded to the extent provided by law.
12.5. Each Party, within the limits of this Contract and applicable law, undertakes to make good any damage caused to the other Party but not more than the amount of this Contract as a result of non-performance or improper performance of this Contract.
Force Majeure
Force majeure, agreed as being an absolutely unforeseeable and unremediable event occurring after the contract has come into force, which prevents the party or parties from fulfilling their obligations under the contract, exempts the party invoking it from liability under the law. The party invoking force majeure shall inform the other party of the occurrence of the force majeure event within 48 hours of its occurrence and shall provide the other party with confirmation from the Chamber of Commerce and Industry of the existence of the force majeure event within 5 days of its occurrence. If the confirmed duration of the force majeure is longer than 10 days, the parties will meet to decide on the conditions for the continuation or termination of the contract. The exemption from liability shall apply only for the duration of the force majeure.
Assignment of the Contract.
Neither Party shall be entitled to assign all or part of its rights and obligations under the Contract without the prior written consent of the other Party.
Dispute resolution.
Disputes of any nature arising out of or in connection with the execution, interpretation and performance of this contract which cannot be settled amicably by the authorized representatives of both parties shall be resolved in the competent courts of Chișinău.
16. Modification of the Contract.
16.1. The invalidity of any provision of this Contract shall not affect the validity of other provisions of the Contract and this fact cannot be interpreted as a unilateral right to deny the enforceability of contractual obligations. If any provision of this Contract is found to be invalid, the Parties shall use their best endeavours to amend the provisions of this Contract to remove such circumstances.
16.2. All amendments and additions to this Contract shall be valid only on the basis of a written agreement signed by both Parties.
16.3. Notwithstanding the provisions of paragraph 16.2. of this Contract, unilateral modification of the price clauses in the contract by the SUPPLIER shall be made only with a minimum of 30 days' notice and shall entitle the CUSTOMER to unilaterally terminate the contract in case of non-acceptance. Failure to give notice of termination of this Contract within 30 days shall be deemed tacit acceptance by the CUSTOMER of the new Contract price which shall take effect from the date following the expiry of the period of notice, unless a longer period is stipulated in the notice.
16.4. The parties understand that the existence and content of this Contract is and shall remain confidential information. Accordingly, the parties undertake not to disclose, for an indefinite period of time, any of these elements as well as the data stored on the Supplier's equipment to a third party, except to public bodies/authorities entitled by law to request them.
Final provisions:
The following annexes shall form an integral part of this contract only if signed by both Parties:
ANNEX No.1
ANNEX No.2
ANNEX No.3
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