Legal Terms
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General Terms and Conditions for “MyAccount” Application
For the purpose of these General Terms and Conditions for “MyAccount” Application (the “General Terms and Conditions”), Romtelecom is S.C. ROMTELECOM S.A. with headquarters located in Bucharest, 1B Garlei Street, Grivco Building, District 1, postal code 013721, registered with the Trade Registry under no. J40/8926/1997, Sole Fiscal Code no. RO427320, share capital subscribed and paid-up RON 318,464,490, personal data operator no. 292, no. 43 and no. 1724, tel. 1930, call free of charge in Romtelecom network. This telephone number can be used by the Client in order to receive information about the services provided or the billing system as well as in order to make complaints. Any information on this Service can be also obtained by accessing the web page https://myaccount.romtelecom.ro/info/ (“Web Page”). These General Terms and Conditions are stored by Romtelecom and are accessible for the Client on the Web Page in Romanian and English. In case of discrepancies between the Romanian and the English version, the Romanian version shall prevail.
1. APPLICABILITY AND SERVICE DESCRIPTION
1.1. These General Terms & Conditions and the Policy for using the Internet services posted on the Web Page regulate the commercial relation between Romtelecom and the Client with respect to the provision by Romtelecom of the MyAccount service (the “Service”), as described herein. The Service is available only for natural persons who are Romtelecom clients for Romtelecom services.
1.2. Romtelecom will provide the Service by making it available for the Client on the Internet address https://myaccount.romtelecom.ro/info/.
1.3. The Service allows the Client to view, through the Internet network, the last six fiscal invoices issued for the services provided by Romtelecom, in PDF format. Additionally, the Client can send, via said Service, suggestions and complaints regarding Romtelecom services and can view and amend the parameters of certain services already contracted from Romtelecom (such as changing the email password in ClickNet).
1.4. The access to this Service is restricted and can be made only by using a username (email address) and a password chosen by the Client during the registration process for using the Service (“Identification Data”).
1.5. The access to this Service is conditioned by the prior registration and acceptance of the General Terms and Conditions, after correctly filling in all the data necessary for the correct registration within the Service. The Client agrees that Romtelecom can deny the registration request if it is acknowledged that he/she has provided false information or uses the service in an inappropriate manner compared to the normal use.
1.6. The minimum technical requirements for a proper provision of the Service are: a computer with Internet connection and a navigation program such as: Microsoft Internet Explorer 5.5+ or newer, Mozilla Firefox 1.5+, Opera 8.0+, Netscape 7.1+, Apple Safari 2.0+, Google Chrome 0.2+, Konqueror KDE 3.5+.
1.7. The Client can access the Service 24h/day, 7 days/week, except during maintenance and/or repair periods. The access may be speed limited during peak hours, due to the limited processing capacity of the information system on which the Service is running. The Client understands that several Clients connected simultaneously to the Service may determine a decrease of the Service speed of response.
2. ROMTELECOM RIGHTS AND LIABILITIES
2.1. Romtelecom will do its best in order to ensure the Client’s use of the Service in a safe and confidential manner.
2.2. Romtelecom can suspend or interrupt at any time the provision of the Service, effective immediately and without any prior notice, in order to perform repair or maintenance works or to improve the Service.
2.3. In case of an abusive or unauthorized use of the Service, as well as in case of failure to comply with the obligations hereinafter, Romtelecom reserves its right to limit, suspend or cancel, without notice, the Client’s access to the Service.
3. CLIENT’S RIGHTS AND LIABILITIES
3.1. The Client undertakes to use the Service only for the purposes mentioned in Article 1.3. The Client will use the Service so that by his/her own conduct he/she did not disturb the normal operation thereof and shall be liable to Romtelecom for any damages caused thereto by the Client’s failure to comply with the obligations provided under the General Terms and Conditions.
3.2. The Client is bound to keep the Identification Data confidential, being solely responsible for any consequences resulting from the disclosure thereof to a third party, regardless if such disclosure was intentional, out of negligence or by imprudence. The Client will immediately notify Romtelecom if he/she becomes aware of the use of his/her Identification Data by an unauthorized third party, either identified or unidentified.
3.3. The Client undertakes to immediately inform Romtelecom, in writing, with respect to any amendment of his/her identification data. Otherwise, Romtelecom shall not be responsible for the accuracy of the data that were not updated by the Client.
3.4. As regards viewing the fiscal invoices, the Client understands and agrees that the information displayed through this Service is purely informative and cannot be subject to any potential contests or actions in court or evidence in similar judicial procedures. The only information which can be subject to any potential contest or action in court is the information indicated in the invoice issued by Romtelecom on paper support.
3.5. For any questions related to this Service, the Client can call Romtelecom Client Care service (1930), free of charge.
3.6. The Client understands that the access to certain functions of the Service may be restricted during the entire period when the provision to the Client of all or a part of Romtelecom service is suspended, regardless of its cause.
4. SECURITY
4.1. The Service is provided by means of an information system with restricted access. Any accessing of the system and/or of the Service, by using a username (identifier) and/or a password that were not allocated to the person trying to access the system and/or the Service or accessing the system in any other way, by the unauthorized removal of the access restrictions, as well as the use of the system by exceeding the authorization limits constitute a crime and will be punished in compliance with the Romanian legislation for fighting computer crime.
4.2. By accessing the account and using the personal password, the Client is responsible for all the actions related to the use thereof. Romtelecom is not liable for any errors occurred following the Client’s negligence regarding the security and the confidentiality of his/her account and password.
5. PAYMENT; AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
5.1. Romtelecom will provide the Service to the Client free of charge.
5.2. Romtelecom reserves its right to request, on a future date, fees for using either in part (certain components) or in full the Service, as well as to amend in any way the General Terms and Conditions presented herein.
5.3. Romtelecom may unilaterally amend, and at any time, the General Terms and Conditions. When such amendments are made, Romtelecom will make available the new version of the General Terms and Conditions on the Web Page.
5.4. The Client took note and accept the fact that if he/she used the Services after the date when the General Terms and Conditions were amended, Romtelecom would consider the continuous use of the Services by the Client as an acceptance of the General Terms and Conditions amended.
5.5 The on-line payment of the invoice for Romtelecom services with a bank card
You can pay the invoice for the Romtelecom services on-line, with your credit / debit bank card, valid and accepted. Romtelecom accepts for the on-line payment of the invoice for the Romtelecom Services the following types of credit / debit cards: VISA (including Visa Electron), MasterCard (including Maestro) or any other bank card issued under VISA or MasterCard brand.
When you show your intention of paying with such a card, you will be assisted by the on-line payment system, being required for you to fill into a form (the “Form”) the data on the card you use for the payment. Pay attention to fill in the Form correctly. The Client has the obligation of keeping the confidentiality of the data in the Form, being the sole responsible for any consequences that the disclosure of such data to third parties may have, irrespective of whether the disclosure was on purpose, by negligence or imprudence. The Client shall bear all responsibility for any actions deriving from the use of the data given in the Form. Romtelecom shall not be responsible for the errors caused be the Client’s negligence regarding the security and the confidentiality of such data.
Since the Romtelecom system automatically uses, for the on-line payment of the invoice, certain data you entered for accessing the MyAccount Service, it is important for such data to be correct and up-dated.
The on-line payment solutions used for the on-line payment of the invoice for Romtelecom services are provided by Gecad ePayment International SRL, an entity contracted by Romtelecom for cashing the invoices for the Romtelecom services, facilitating the payments ordered on-line by the Client through the bank card for paying the invoice for the Romtelecom services.
For the payments with the credit/debit cards issued under the Visa and MasterCard brand (Visa/Visa Electron and Mastercard/Maestro) the „3-D Secure” system elaborated by these systems is used, ensuring the on-line transactions the same level of security with the ones of the ATMs or commercial agents.
The GECAD ePayment International „PCI DSS Level 1” certification, specific to the industry dealing with the processing of bank cards, ensures in the first place that the number of your card, the one you provide for the on-line payment of the invoice according to these terms and conditions, is not stored, at any moment, on the Romtelecom or GECAD ePayment International SRL servers, being directly sent to Visa and MasterCard systems.
The main risk associated with an on-line payment is for your data come into the possession and be abusively used by third parties. For the purpose of eliminating such risk, GECAD ePayment International SRL warrants the security of the informatics systems, being certified by the relevant international bodies PCI DSS Level 1 and registered with the National Authority for the Supervision of Personal Data Processing as personal data operator under no. 1387/2007. Also, in case your card was issued by a bank certified in the „3-D Secure” system, a process for the identification of the card’s owner also takes place, on the basis of the security code/password known only by the owner, and it takes place on the Visa or MasterCard systems (as the case may be).
If the payment made through a bank card is successful, you will receive a notification to this end. If the payment cannot be made through the bank card indicated by you, you will receive an error notification to this end.
For the on-line payment of the invoice for Romtelecom services, made with bank cards according to these terms and conditions, no commission shall be applied.
The conditions for the on-line payment of the invoice for Romtelecom services prevail over other contrary provisions of the General Terms and Conditions.
6. TERMINATION OF THE SERVICE PROVISION
6.1. Either party is entitled to terminate the provision / access to the Service at any time, without invoking any reasons and any prior notice.
6.2. Romtelecom may terminate the provision of the Service without a court intervention and the fulfilment of any prior formality, if the Client fails to comply with any of the obligations assumed hereunder or if any judicial reorganization or bankruptcy procedure is initiated against the Client.
7. INFORMATION PROCESSING[1]
7.1. The information will be processed[2] by Romtelecom in compliance with the provisions of Law no. 506/2004 and 677/2001 and will be used:
a) for the delivery of the Service and the electronic communication services, including the processing of the Client’s orders or requests, billing, recovery of debts/claims either directly by Romtelecom or by third parties, the settlement of requests and complaints;
b) in order to prevent / discover frauds;
c) in order to create a database with the personal data of all bad payers for the joint use thereof with other providers of electronic communication services, as well as with other institutions whose object of activity is the management of this type of information or which can come into contact with such persons by the nature of the activity carried out (such as banks);
d) in order to collect the value of the Services through third parties;
e) for the delivery of value added services;
f) for carrying out advertising lotteries, competitions, market studies, the information being disclosed to market research organizations and the contractual partners of Romtelecom;
g) for the purposes mentioned in the order form and by any other way allowed under the law.
7.2. Romtelecom is entitled to disclose the information:
a) to the providers of electronic communication services and the institutions mentioned at Article 7.1 letter c);
b) to third parties authorized to recover Romtelecom’s claims. These companies can disclose the information to the individuals mentioned at Article 7.1 letter c) in order to prevent the prejudice of the latter;
c) to those third party appointed / authorized by Romtelecom to trade for and/or on behalf of Romtelecom the services made available by the latter;
d) to third party appointed/authorized by Romtelecom to collect the equivalent value of the invoices related to the electronic communications services provided by Romtelecom;
e) market research organizations;
f) contracting partners of Romtelecom and the auditors thereof;
g) third party – assignees of Romtelecom’s receivables;
h) other persons, in accordance with the law.
7.1. As regards his/her own personal data, the Client has the following rights: the right of access and intervention thereupon, the right of justified opposition to the processing thereof, the right not to be subject to an individual decision, the right to take legal proceedings in court, in compliance with Article 13-18 of Law no. 677/2001. The Client is entitled to oppose at any time, free of charge and without any justification, the processing of his/her personal data for marketing purposes. For the exercise of these rights, the Client will submit to Romtelecom a written, dated and signed request. Romtelecom shall communicate the measures adopted / information requested within 15 days from the receipt of the request.
8. NON-RESPONSIBILITY CLAUSES
8.1. Romtelecom shall not be liable for any direct or indirect damages caused to the Client for the Service failure to operate or for any inappropriate operation.
8.2. Romtelecom is not responsible for the content of the Web Page and the Client must compensate Romtelecom for any prejudices caused to the Company following the use by the Client of the Web Page for purposes contrary to the law and this Contract
9. GOVERNING LAW. SETTLEMENT OF DISPUTES
9.1. This Contract is governed by the Romanian law.
9.2. Any misunderstanding with respect to the execution of the Contract shall be amicably settled. If such settlement is not possible, the litigation will be forwarded for the settlement of the competent courts.
10. MISCELLANEOUS
10.1. Complaints. Any complaint with respect to the operation of the Service shall be made by calling 1930, free of charge, in Romtelecom network.
10.2. By accepting these General Terms & Conditions, the Client hereby declares that he/she has the legal age to conclude and execute this contract, that he/she read, completely understood and agreed with the terms and conditions for using the MyAccount service.
S.C ROMTELECOM S.A
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[1] Information – the data obtained / held by Romtelecom regarding the Client or the manner in which the Services are used, such as personal data (name, surname, address, email address, CNP, telephone number, etc.) and the traffic data (referring to routing, duration/moment of communication, the network where the communication begins / ends, the beginning and the end of a communication).
[2] The traffic data will be processed for the purposes mentioned in this article during the validity period of the Contract as well as for maximum 3 years as of the termination date thereof, unless otherwise stipulated under the law.