1.1. NewsMAN (registered trademark at OSIM Romania under no. 117834) service Provider is SC Dazoot Software SRL, a limited liability company incorporated under the laws of Romania, with headquarters in 160 Splaiul Unirii, Building C3, 2nd Floor, Second Wing, District 4, Bucharest, Postal Code: 040041, Trade Register Registration No.: J40/6234/2004, Fiscal Code/VAT ID: RO16341900, bank account RO22BREL0002002418120100, opened at Libra Bank, Obor branch, Bucharest, registered as Data Controller with personal data under no. 20691, phone no.: +4031.0050870, email firstname.lastname@example.org.
1.2. The Beneficiary of NewsMAN service is any company or individual identified by the data entered into their user or client account, used to access or order the service, information that are found on the invoice for paid plans. The invoice is an part of this Agreement.
2.1. NewsMAN (registered trademark at OSIM Romania under no. 117834) service Provider is SC Dazoot Software SRL, a limited liability company incorporated under the laws of Romania, with headquarters in 160 Splaiul Unirii, Building C3, 2nd Floor, Second Wing, District 4, Bucharest, Postal Code: 040041, Trade Register Registration No.: J40/6234/2004, Fiscal Code/VAT ID: RO16341900, bank account RO22BREL0002002418120100, opened at Libra Bank, Obor branch, Bucharest, registered as Data Controller with personal data under no. 20691, phone no.: +4031.0050870, email email@example.com, Mailing Address: 160 Splaiul Unirii Street, C3 Building, Wing 2, 2nd Floor, Bucharest, District 4, Postal Code: 040041.
2.2. The Beneficiary of NewsMAN service is any company or individual identified by the data entered into their user or client account, used to access or order the service, information that are found on the invoice for paid plans. The invoice is an part of this Agreement.
2.2.1. access to a Saas (Software-as-a-Service) web platform with features that allows him / her to:
2.2.2. have assigned one or more dedicated IPs (Internet addresses identified through unique series of numbers) for email campaign sendings;
2.2.3. have assigned a dedicated domain (web address name) for email campaign sendings;
2.2.4. hardware and software administration of the service infrastructure;
2.2.5. email, chat, telephone, or online assistance knowledgebase regarding of the use of the service, including migration from other providers;
2.2.6. other software and consultancy or implementation services (e.g. template design and HTMLization, database scanning, programming extra features etc). Cost: 25 € + VAT per hour or according to custom quote negotiated for certain projects.
The duration of the Agreement depends on the chosen plan type: monthly / yearly subscription or prepaid credits. Credits validity is up to their full consumption, within maximum 6 months of purchase.
4.1. For the mailing service, there are 2 types of paid plans: 1) monthly / yearly subscriptions - the price is according to subscriber list size (billed in advance for the selected period), and 2) pre-paid credits - the cost is per sending volume (1 sent email = 1 credit). Other costs: dedicated domain [for sending emails, € 15 per year) and other services according to art. 2.2 (e)]. Full details on the Pricing. Prices listed do not include VAT.
4.2. Payments can be made online with credit card, via Paypal, bank transfer or Bitcoin.
4.3. Invoices are automatically issued in electronic format (PDF) and are sent to the Beneficiary exclusively by email. They are also available in the client account.
Free user accounts are valid until the free 5000 credits are spent, after which you need to switch to a paid package to keep the service active. Services re-activate only after receipt of payment. The validity of subscriptions (packages) starts on the day of payment and is 1 month or 1 year with automatic renewal.
6.1. We will refund the payments to you if we terminate the service without reason, before the paid period.
6.2. Subscriptions are active for the entire period paid in advance and are automatically suspended when they are not renewed. Payments already done are not eligible for refund, the service is terminated once the payments have ceased. Prepaid credits expires within 6 months of purchase. Payment for their invoices is not refundable. Recurring payments by credit card can be disabled by the customer at any time by accessing his / her account.
8.1. In addition to the other rights set out in this Agreement, the Beneficiary has the following rights:
8.2. In addition to the other obligations set out in this Agreement, the Beneficiary has the following obligations:
8.3. In addition to the other rights set out in this Agreement, the Provider has the following rights:
8.4. In addition to the other obligations set out in this Agreement, the Provider has the following obligations:
8.5. The Provider and the Beneficiary will respect and comply with the General Data Protection Regulation under EU law (GDPR 679/2016) and respectively of the laws 677/2001 and 506/2004 regarding the processing of personal data and the protection of privacy in the electronic communications field. Full details about the GDPR Annex here.
You agree that NewsMAN owns all rights regarding the Service, including but not limited to intellectual property rights, and that these rights are protected by applicable laws in Romania and European Union. You agree that you will not copy, reproduce, modify or create works derived from this Service (NewsMAN). SC Dazoot Software SRL company, manages the wwww.newsman.com site and owns the Copyright on the texts and graphics.
The Provider is not liable to the Beneficiary for any direct or indirect loss, actual or potential, including indicatively and not limitatively: financial loss (loss of revenue, savings or profits) or non-financial (loss of data, loss of clientele) or any other form of loss or damage of any kind and for any reason, whether it comes from the suspension and / or termination of the Service.
Neither party is responsible for the non-execution of the term / or the improper, total or partial execution of any obligation under the Agreement if the failure or improper performance of the obligation in question was caused by a force majeure event. Major force shall be notified within 5 days of production and shall be proved within 15 days by documents issued by the competent authorities.
Any misunderstandings or disputes between the Parties resulting from the conclusion, interpretation or performance of this Agreement shall be settled amicably through direct negotiations. If after 15 days from the commencement of such unofficial negotiations, the Beneficiary and Provider fails to amicably solve a contractual dispute, each party may request that the dispute be settled by in courts. The European Commission provides a online dispute resolution platform (ODR) for the alternative resolution of out-of-court disputes on issues related to online purchasing and distance agreements. The ODR platform is available at https://ec.europa.eu/consumers/odr/
Acceptance of this Agreement and the use of the NewsMAN Platform by the Beneficiary is equivalent to the fact that the Beneficiary has read, understood and agreed to the clauses set forth in the Terms and Conditions of the Service.