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The Contract represents the agreement between the two Parties, in what regards the way they will act in order to fulfil their obligations towards each other. Therefore, the Contract becomes valid on the date it is signed by the authorized representatives of each Party.
The Contract is terminated as follows:
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De jure, without the intervention of a court of law:
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When both Parties have completely fulfilled their obligations according to the Contract;
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If one of the Parties is declared bankrupt;
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If the Supplier assigns the Contract to a third party without the explicit approval of the Client;
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By termination, as described below:
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- Failure to comply with the obligations assumed under this Contract by one of the Parties entitles the injured party to submit a notice of termination of the Contract in accordance with Art. 1552 of the Civil Code and to claim the payment of damages;
- The Client reserves the right to terminate the Contract unilaterally with a notice sent to the Supplier at least 15 calendar days in advance.
- In the event of unilateral termination by the Client, the Supplier is entitled to claim only the payment for that part of the Contract performed until the unilateral termination of the Contract.
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In the event of unilateral termination of this Contract by the Supplier under the Insolvency Law (Article 123 of Law 85/2014), the Client is entitled to compensation amounting to ten times the value of the Contract.
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Payment & Cancelation Methods
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The price cannot be changed unilaterally by either Party without the written consent of the other Party.
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If the price is negotiated in a currency other than RON, then it will be paid in RON, at the exchange rate of the NBR on the day the invoice is issued or in the currency agreed.
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The payment will be made with a payment method agreed between the two parties.
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Invoices issued by the Supplier will be due 14 calendar days after the date they are issued. The Client reserves the right to a grace period of up to 7 calendar days after the due date of the Supplier invoices; upon expiration of this grace period, penalties will be accrued in accordance with Article 16.3 of the Contract.
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The following booking and cancelation conditions aply:
Booking conditions:
Cancellation policy:
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51 days prior to the start 100% refund
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20-30 days prior to the start: 70% refund
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10-19 days prior to start: 40% refund
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10 days or less prior to start: 10% refund
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9. Obligations of the Supplier
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9.1. To inform the Client, periodically and / or upon request, on the status of services delivery;
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9.2. To protect all information received from the Client in the performance of this Contract.
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9.3. To resolve the issues reported by the Client as soon as possible, within a maximum of 5 calendar days.
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9.4. If the issues are not resolved within a maximum of 5 calendar days, the Supplier is required to pay to the Client penalties of 0.1%/day on the value of the services inadequately performed, or of the defective goods.
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9.5. The Supplier warrants to the Client that it holds, at the time of the conclusion of this Contract, all the necessary authorizations to provide the services described in the Contract. If, after the conclusion of the Contract, it is proven that the Supplier does not have all the authorizations, or the necessary authorizations for the performance of the services described in this Contract are withdrawn, the Contract may be terminated by the Client, with the obligation of the Supplier to repay to the Client – within 5 days of the receipt of a written statement of termination – the full amounts paid by the Beneficiary to the Supplier, if the payment was made before the services were performed, or if there was an advance payment. In such a case, the termination will take place on the date of receipt of the notice to this effect from the Client and entitles the Client to claim damages.
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9.6. The Supplier will not, and will take measures to ensure that its staff will not, perform any action that may be prejudicial in any way or negatively affect the image or the good name of the Client.
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The Supplier is required to notify the Client about the Internal Regulations, evacuation plans, instructions for using the services and any other documents related to emergency situations, where such documents are required by law or the specifics of the Contract allow it.
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10. Obligations of the Client
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10.1. To provide the Supplier with all the data, information, materials and documents necessary for the latter to fulfil its obligations under this Contract. The Client will be held responsible for the legality, accuracy and correctness of the information provided. In the event that the Client fails to provide in due time the information and documents required for execution, the delivery term shall be deemed to be legally extended with the period during which the Supplier has not been able to meet its obligations due to such delays.
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10.2. To pay the price of the products, works or services agreed through this Contract.
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10.3. To issue a Complaint Notice in the event of quantitative or qualitative differences, attributable exclusively to the Supplier, at the final acceptance of the products or works.
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11. Assignment of the Contract
The Supplier may not assign the rights and obligations deriving from this Contract to a third party without informing the Client.
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12. Notifications
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Any notice given by one Party to the other shall be deemed to be valid if forwarded to that Party at the address mentioned at the beginning of this Contract.
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All notifications will be made in writing by any means of communication that allows confirmation of receipt.
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The Supplier can use and send the Client a different form of contract containing different conditions.
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13. Force Majeure and Fortuitous Case
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A situation of force majeure is validated by a competent authority.
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The Party invoking force majeure or unforeseeable circumstances shall be required to notify the other Party immediately (within 5 calendar days) of its appearance, and to take any possible actions to mitigate the consequences.
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If a situation of force majeure or a fortuitous case exists, or is expected to exist for a period longer than 1 month, each Party shall have the right to notify the other Party of the termination of this Contract, without any Party claiming damages from the other Party.
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For the purpose of interpreting this Contract, armed conflicts, acts of terrorism, natural disasters, and the like are clauses of exemption, but these do not include strikes, exchange rate changes, tax increases, or worsening of the socio-economic context.
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14. Confidentiality
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Confidential Information is information of any kind (financial, technical, artistic, any other relevant market position information, etc.) that may be disclosed by one of the Parties to the other Party in connection with the subject of this Contract and will be named hereinafter „Confidential Information”. The party disclosing the Confidential Information is the exclusive owner of the Confidential Information. If the Confidential Information is updated or modified, it continues to be the exclusive property of the Party providing the information.
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Throughout this Contract and after its termination, the Party receiving the information: will treat Confidential Information as strictly confidential and will only use it for the purpose of the collaboration between the Parties and under the terms of this Contract; will restrict the disclosure of Confidential Information only to those employees who need to know it and who will be informed of the obligations arising from this Contract; will not disclose Confidential Information to any third party without the prior consent of the Party providing the information; shall take special measures so that the materials containing such information or which may lead by any means to the disclosure or giving of indications of such information to be kept under special conditions and handled by the persons referred to above.
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Restrictions on the use, reproduction, or disclosure of Confidential Information covered by this Contract shall not apply to information: which, after disclosure, becomes well-known and is available to the public; or which is required to be disclosed by law or by an authorized order from any administrative authority, with a legal basis to compel the disclosure of such information. The Party receiving the information and being requested to disclose it will notify the Party providing the information in advance, in order to receive assistance from the Party providing the information.
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The Party receiving Confidential Information and not complying with the foregoing clauses undertakes to pay damages to the damaged party in order to cover all damage incurred by the Party disclosing the Confidential Information.
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In the event of a breach of confidentiality, the defaulting party has the obligation to pay the other party an amount equal to ten times the value of the Contract, unless greater damages are proven.
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15. Applicable Law and Dispute Resolution
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This Contract is governed by and will be interpreted in accordance with Romanian law.
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The parties will try to resolve any dispute or litigation that may arise in connection with the fulfilment of the obligations assumed through this Contract, amicably.
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If it is not possible to resolve the disputes in an amicable manner, the Parties shall address the issue to the competent court at the Sellers premises.
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16. Contractual Liability
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For non-fulfilment of the contractual obligations, the Parties may request penalties from each other.
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If, by its fault, the Supplier fails to fulfil its contractual obligations, the Client may deduct from the service price, penalties of 0.1% per day of delay from the value of the services that are delayed.
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If the Client does not pay in due time the price of the services provided by the Supplier, it is liable to pay penalties of 0.1% per day. Penalties begin to be calculated from the 8th calendar day after invoice due date, in accordance with the provisions of Art. 8.5 of the Contract, and may not exceed the amount of the outstanding debt.
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17. Final Clauses
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Any changes to this Contract can only be made by an addendum concluded and signed between the Parties.
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The Contract represents the will of the Parties and removes any other verbal understanding between them, prior to or after its conclusion.
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Each person signing on behalf of one of the Parties declares and guarantees that he/she has the authority to represent the respective Party and that all necessary steps have been taken to authorize the signing of this Contract.
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