Terms of Service

1. General

1.1 All our offers, agreements and their implementation are governed solely by the terms and conditions in hand. Deviations must be explicitly agreed upon with us in writing.

1.2 In these Terms, a "Consumer" means a natural person acting for purposes outside his or her trade, business, craft or profession. A "Business Client" means any legal person and any natural person acting wholly or predominantly for purposes related to his or her trade, business, craft or profession. "Client" means either category, as applicable, together with its authorised representatives, successors and permitted assigns.

1.3 Any terms proposed by the Client apply only if expressly accepted by ENGINYRING in writing. In case of conflict, these Terms prevail, except to the extent that a specific order, quotation, service schedule or other written agreement expressly accepted by ENGINYRING states otherwise, or mandatory law requires otherwise.

1.4 Where applicable law requires particular standard clauses to be separately and expressly accepted in writing, ENGINYRING will request such acceptance through an electronic method capable of being recorded and reproduced. Such acceptance forms part of the Agreement and may include clauses concerning limitation of liability, suspension or termination, tacit renewal, governing law, jurisdiction and other clauses for which specific acceptance is legally required.

1.5 References to "written" or "in writing" include communications through the Client Area, support tickets and email where the communication can be stored and reproduced. Unless mandatory law requires a different method, contractual notices may be sent to the email address registered on the Client account and/or through the Client Area. The Client is responsible for keeping its contact details current.

2. Realisation Agreement

2.1 All our offers and propositions, in whatever form, are noncommittal, unless we explicitly stated otherwise.

2.2 If an offer is accompanied with demos, drawings, estimates, plans, catalogues or other documents or digital information on products, these always remain our property and must be returned to us at request. They may not be reproduced, copied, cached or shown to third parties without our permission.

2.3 Submission or receipt of an order does not by itself oblige ENGINYRING to accept it. Unless expressly agreed otherwise, the Agreement is concluded when ENGINYRING confirms the order in writing or begins provisioning or performing the Service, whichever occurs first. If an order is rejected before conclusion of the Agreement, any amount collected for that rejected order will be returned through an appropriate payment method.

3. Delivery

3.1 We reserve the right to reject an order before acceptance, or to require a specific payment method, where reasonably justified by service availability, payment risk, fraud prevention, security, compliance, abuse history or other legitimate operational considerations, subject to mandatory law.

3.2 Our reported delivery times are an indication and are not to be regarded as deadlines. Delivery time statements are always an approximation, unless specified otherwise in writing.

3.3 Delivery shall be ex works or ex warehouse, unless otherwise agreed.

3.4 We reserve the right to demand cash on delivery or prepayment from the other party.

3.5 Prepaid Subscription Nature of Services. Unless expressly stated otherwise in the applicable order, service description, quotation or other written agreement, our Services are supplied as prepaid recurring subscriptions and not as one-time purchases. The Client purchases access to and availability of the applicable Service for successive prepaid billing periods (for example monthly, quarterly, semi-annually or annually). Prepayment of a billing period does not convert a recurring Service into a one-time purchase and does not create any permanent ownership or entitlement to the underlying infrastructure, software, licences, IP addresses, hardware or Service.

4. Cancellation

4.1 For Business Clients, if the other party wishes to cancel after an agreement has been concluded, a 15% cancellation fee (based on the order price including VAT) will be charged, provided we agree to the dissolution, without it affecting our right to full compensation including lost profits.

4.2 Subject to applicable mandatory law and the eligibility conditions stated in these Terms, the refund period applicable to an initial Service purchase does not restart upon renewal. Service renewals are excluded from the initial-purchase money-back period.

4.3 If the product or service is designated as 'Anytime Cancel', the client may request cancellation at any time; however, the client acknowledges that such cancellation does not entitle them to any refund or reimbursement, except as may be required by applicable law.

4.4 Where a statutory right of withdrawal applies, a Consumer may exercise it within the applicable 14-day period. If the Consumer expressly requests that provisioning or performance begin during that period, ENGINYRING may begin immediately. If the Consumer subsequently withdraws before performance is complete, the Consumer may be required to pay a proportionate amount for the Services already supplied, to the extent permitted by mandatory law. Where a Service has been fully performed after the Consumer's express request and any legally required acknowledgement concerning loss of the withdrawal right has been obtained, the withdrawal right may cease as provided by mandatory law.

4.5 Domain Name Registrations. Domain registration, renewal, transfer and related registry operations may be submitted to the applicable registry or registrar immediately after an order is accepted. Where a Consumer expressly requests that such performance begin during the statutory withdrawal period and acknowledges that the right of withdrawal will be lost once the requested service has been fully performed, the right of withdrawal ceases upon full performance to the extent permitted by applicable law. Registry, registrar and other third-party charges already incurred or operations that cannot reasonably be reversed are non-refundable except where mandatory law requires otherwise.

4.6 Where a Consumer validly exercises a statutory withdrawal right, any reimbursement due will be processed within the period and by the method required by applicable mandatory law, unless another method is lawfully agreed.

4.7 Except where required by applicable mandatory law or expressly agreed by ENGINYRING in writing, no full or prorated refund or credit is due for an already renewed prepaid billing period because of cancellation, non-use, reduced use, migration to another provider, a change in the Client's technical or commercial requirements, or a decision that the Service is no longer suitable for the Client's intended purpose.

4.8 Where applicable law requires an online withdrawal function for a Consumer contract, ENGINYRING may make that function available through the website or Client Area. Use of that function is an additional method of exercising the applicable statutory right and does not restrict any other method that mandatory law requires us to accept.

5. Prices

5.1 Unless stated otherwise, our prices are:

• 5.1.1 For services based on monthly rates,
• 5.1.2 For goods based on delivery ex works or warehouse,
• 5.1.3 Excluding VAT, import duties, other taxes, levies and duties,
• 5.1.4 Excluding the costs of packaging, loading and unloading, transport and insurance,
• 5.1.5 Excluding installation and instruction costs stated in Euros.
• 5.1.6 Base prices are stated excluding VAT for all Clients. Where VAT or another mandatory tax applies, the applicable tax and the final amount payable will be calculated and displayed before the Client confirms the order.

5.2 For Business Clients, ENGINYRING may adjust prices to reflect changes in upstream, datacenter, energy, bandwidth, software licensing, hardware, payment-processing, exchange-rate, taxation, regulatory or other material cost factors. Unless a Service-specific agreement permits an earlier adjustment, such changes will normally apply from the next renewal or billing period after notice. Consumer price changes are governed by Section 5.3.

5.3 For Consumers, price changes after contract conclusion will be limited to those resulting from changes in VAT rates or other statutory regulations. Any other price increases will only apply to renewals and with minimum 30 days advance notice.

5.4 All prices include customer support at the level specified in Section 22 (Technical Support and Service Levels).

6. Force Majeure

6.1 "Force majeure" is understood to mean: every circumstance independent of either party's intention or any unforeseeable circumstance making the fulfilment of the agreement no longer reasonably expected from the other party.

6.2 In this context, force majeure in the contractual relationships with our other parties is understood to mean a failure or obstruction of the telecommunication facilities of third parties, which prevents normal transmissions of telecommunication for short or longer periods of time.

6.3 If, in our opinion, the force majeure is of a temporary nature, we have the right to postpone the implementation of the agreement until the circumstance causing the force majeure has been resolved.

6.4 If we are affected by a situation of force majeure and suspend our service(s) for thirty (30) days or more, the other party has the right to terminate the contract for this/these service(s) for the remaining duration of the contract. In this case, there will be no reversal for the past and the other party is not entitled to any form of compensation for premature termination of the contract.

6.5 If we expect the force majeure to persist, we can terminate the contract for this/these service(s) for the future. In this case, there will be no reversal for the past and the other party is not entitled to any form of compensation for premature termination of the contract.

6.6 We will be entitled to demand payment for the performance in the implementation of the agreement prior to the occurrence of the force majeure-causing circumstance.

6.7 The party which is (going to be) in a force majeure situation must inform the other party of this immediately.

7. Intellectual Property

7.1 All software, infrastructure, drawings, designs, diagrams, requirements package and such, produced by or on behalf of us during the execution of the contract, will remain our property, as well as the right to use them.

7.2 The other party always warrants us that the use of data or other things supplied by the other party shall not put us in contravention of statutory regulations or protected rights of third parties.

7.3 The other party indemnifies us in full for all direct and indirect consequences of claims third parties are allowed to lodge under breach of the warranty set out in paragraph 7.2.

7.4 At all times, we reserve the copyright on all software developed by us, whether at request or not.

8. Liability

8.1 ENGINYRING's liability for damages arising from our services is limited as follows:

• 8.1.1 For direct damages resulting from breach of contract or tort: limited to the total amount paid by the client for the specific service during the 6 months preceding the event causing damage, with a maximum of €500.
• 8.1.2 For indirect damages, including but not limited to lost profits, business interruption, and data loss: limited to 50% of the amount calculated under 8.1.1.

8.2 The liability limitations set forth in Section 8.1 represent the maximum liability of ENGINYRING under this agreement to the fullest extent permitted under applicable Romanian law.

8.3 Even if the other party or a third party makes changes in the software we developed or the hardware we provided, our liability remains as stated in 8.1, unless such changes directly caused the damage.

8.4 We can never be held responsible for the contents of any file the other party or a third party placed on the internet. We also cannot be held responsible for the consequences that might arise from the viewing or executing by the other party. We expressly reserve the right to remove offensive, discriminatory or injurious texts from the internet and notify this to the relevant government authorities. In case of repeated offence, we reserve the right to remove the other party's internet access.

8.5 The service credits detailed in the Service Level Agreement (Section 22) are the Client's sole and exclusive remedy for service interruptions, downtime or performance issues.

8.6 For Business Clients, any claim for damages must be notified to us in writing within 30 days of the event giving rise to the claim. Failure to provide such notice within this timeframe constitutes an irrevocable waiver of any such claim.

9. Disclaimer of Warranties

9.1 Except for the express commitments set forth in the Service Level Agreement (Section 22), the Services are provided "as is" and "as available" without any warranties of any kind, either express or implied.

9.2 To the fullest extent permitted by law, ENGINYRING expressly disclaims all other warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or completely secure.

9.3 For Consumers, this disclaimer does not affect your mandatory statutory rights, including the legal guarantee of conformity.

10. Complaints

10.1 Contractual complaints concerning delivery or performance must be submitted to ENGINYRING in writing within 3 working days after the relevant delivery or performance, accompanied by sufficient details to identify and investigate the issue, except to the extent a longer non-waivable period applies by law.

10.2 Contractual complaints concerning an invoice must be submitted in writing within 14 working days after the invoice date, except to the extent a longer non-waivable period applies by law.

10.3 After the applicable contractual complaint period has expired, the relevant delivery, performance or invoice will be deemed accepted for contractual administration purposes, without prejudice to rights that cannot lawfully be waived or shortened.

10.4 If the complaint is considered by us to be valid, we will be obliged to only deliver the agreed performance as yet.

10.5 If a complaint concerning an invoice is accepted as valid, the payment obligation may be suspended only for the disputed part of that invoice until the complaint is resolved; all undisputed amounts remain payable when due.

10.6 Return of the delivered goods can only take place after our prior written consent, on the conditions to be determined by us.

10.7 For Consumers, the complaint procedure does not affect their statutory rights under Romanian consumer protection laws.

11. Reservation of Ownership

11.1 All goods and software delivered continue to be our property until such time as the other party has paid for all our deliveries and work performed and/or deliveries and work still to be performed under the agreement, including interest and costs.

11.2 In the event of insolvency, bankruptcy, suspension of payments, liquidation or another comparable event affecting the Client, ENGINYRING may, to the extent permitted by law, suspend further delivery, terminate outstanding orders or Agreements, and recover unpaid goods or other property to which ENGINYRING retains title, without prejudice to amounts already due.

11.3 Dissolution and recovery of the goods do not diminish our right to compensation for loss or damage. In these cases, any claim against the other party will be due immediately and in full.

12. Payment

12.1 Unless expressly stated otherwise, access, hosting, cloud, virtual server, email, reseller and related internet Services are prepaid recurring subscriptions. They are billed in advance according to the billing cycle selected or agreed for the Service, including monthly, quarterly, semi-annually, annually or another stated period.

12.2 Domain names and other fixed-period Services are invoiced in advance for the applicable registration, renewal or Service period unless expressly stated otherwise.

12.3 Unless an invoice or Service-specific agreement states another deadline, payment must be received no later than 14 days after the invoice date, without discount, deduction or suspension. Where the Client has authorised recurring or automatic payment under Section 12.9, the payment may be processed before the invoice due date in accordance with Sections 12.9 and 12.10. The due date is the latest contractual payment deadline and does not prohibit earlier processing of an authorised payment method. The currency date shown on our bank statements is decisive as the date of receipt.

12.4 All payments made by the other party are first used to defray any interest and collection charges incurred by us and after that, to settle the oldest outstanding invoices.

12.5 In the event the other party:
- is declared bankrupt, requesting a moratorium, or if its capital is seized in whole or in part,
- is placed under guardianship or dies,
- fails to meet any of the obligations under the agreement and/or these terms and conditions,
- neglects a due invoice amount or part of it within the deadline,
we have the right, by the mere occurrence of one of the aforementioned circumstances, to declare the contract dissolved, and to suspend the provision of our services, and to claim any amount owed by the other party on the grounds of work carried out and/or deliveries made by us in full immediately and without any warning or notice of default being necessary, and to reclaim the delivered goods which have not (yet) been paid as our property, all without prejudice to our right to compensation of cost, loss and interest.

12.6 If payment has not been received by the applicable due date, the Client is in default from the day following that due date and owes any statutory or contractually permitted default interest, subject to any mandatory notice or grace period required by law.

12.7 All judicial and extrajudicial costs to be incurred for collecting overdue payments shall be charged to the client. The extrajudicial costs will be calculated in accordance with the applicable Romanian legislation regarding debt collection and recovery of claims.

12.8 Refunds for new orders are subject to Section 4 and to any mandatory rights applicable to Consumers. Where lawful, reasonable amounts corresponding to Services already supplied, resources consumed or non-recoverable work performed may be deducted. Custom or individually configured orders and services involving manual or third-party non-recoverable costs may be excluded from voluntary refunds, without prejudice to mandatory Consumer rights.

12.9 Recurring Billing, AutoPay and Stored Payment Credentials. Where the Client separately selects, enables or otherwise expressly authorises a payment method for recurring or automatic payments, the Client authorises ENGINYRING and/or its payment processor to store or tokenize the relevant payment credential and to initiate future off-session, merchant-initiated or equivalent recurring charges for invoices issued in connection with the authorised recurring Service, including renewal payments. The amount charged may vary according to the applicable Service price, billing cycle, agreed usage or additional charges, taxes and any price change validly applied under these Terms. Where card processing is performed by a third-party payment processor, ENGINYRING does not store the full card number or CVC; ENGINYRING may retain a token or payment-method reference and limited metadata such as card brand, limited identifying digits, expiry information and processor/customer/payment identifiers. The authorisation remains effective until revoked or the payment method is removed, but revocation or removal affects only payment attempts not already initiated and does not itself cancel the underlying Service, reverse a completed payment or extinguish any amount already due. ENGINYRING may require renewed authorisation where reasonably necessary for security, processor requirements or legal compliance.

12.10 Invoice Date, Due Date, Payment Processing Date and Renewal Date. The "Invoice Date" is the date on which an invoice is issued. The "Due Date" is the latest date by which payment must be received if it has not already been processed. The "Payment Processing Date" is the date on which an authorised payment method is submitted for payment. The "Renewal Date" is the first date of the next Service period. These dates may be different. To support uninterrupted Service, a renewal invoice may be generated and an authorised recurring payment method may be processed before the Renewal Date and before the invoice Due Date, provided that any notice required by these Terms, mandatory law or applicable payment-scheme rules has been given. A successful payment processed before the Renewal Date is allocated to the upcoming prepaid Service period and does not cause that period to begin earlier.

12.11 Renewal Payments. Except where required by applicable mandatory law or expressly agreed otherwise in writing, payments for renewed prepaid Service periods are final and non-refundable. Cancellation after the applicable cancellation deadline, non-use of the Service, reduced use, or a later change in the Client's requirements does not reverse or shorten an already renewed billing period.

12.12 Custom, Discounted and Legacy Services. Custom, promotional, discounted, grandfathered and individually negotiated Services are supplied according to the technical specifications, platform, virtualization technology and commercial terms agreed for that specific Service. Such Services are not guaranteed to be transferable, convertible or upgradeable to another product, platform, virtualization technology or infrastructure while retaining the same price, resources or commercial terms. Where a requested change materially alters the technical or commercial basis of the Service, ENGINYRING may require migration to a currently available Service plan at the then-applicable price.

12.13 Payment Disputes and Chargebacks. A payment dispute, chargeback, reversal, blocked payment method or failed automatic payment does not constitute cancellation of the underlying Service. If a payment is reversed and the underlying amount remains contractually due, the corresponding invoice will be treated as unpaid and ENGINYRING may apply the ordinary non-payment remedies under these Terms. Reasonable processor or chargeback costs may be recovered from Business Clients where attributable to an unjustified payment dispute, and from other Clients only where expressly permitted by mandatory law.

13. Termination

13.1 Except as provided in Section 13.7 for Consumers, access, hosting, cloud subscriptions and agreements for related internet Services concluded for a definite period may be terminated at the end of the current prepaid period by written notice received by ENGINYRING at least thirty (30) calendar days before the applicable Renewal Date. If timely notice is not received, the Service is deemed to have renewed for the same billing period as before, under the terms and pricing validly applicable to that Service at the time of renewal.

13.2 Access, hosting, cloud subscriptions and agreements for related internet services, including service contracts, concluded for an indefinite amount of time can only be terminated by the end of every month, by written notice and according to the minimum term of notice of a month.

13.3 Domain names renew according to their individual registry or registrar expiry and renewal schedules rather than the calendar year. A request not to renew a domain must be received before the renewal-processing deadline displayed in the Client Area or otherwise communicated for that domain. Where no specific deadline is displayed, ENGINYRING may require notice at least thirty (30) calendar days before the domain expiry or renewal date, subject to mandatory law and registry requirements.

13.4 ENGINYRING may terminate any concluded agreements with the other party after the end of the contract billing cycle with 30 days prior written notice, providing a reasonable explanation for such termination.

13.5 Notwithstanding the preceding provisions, ENGINYRING may suspend or terminate an Agreement with immediate effect by written notice where the Client materially breaches the Agreement or AUP, fails required verification, creates a material fraud, payment, legal, abuse, security, network or reputational risk, repeatedly interferes with ENGINYRING's operations or third parties, or otherwise acts in a manner for which continuation of the contractual relationship cannot reasonably be expected from ENGINYRING.

13.6 Where reasonably practicable and compatible with security, abuse-prevention, legal and infrastructure requirements, ENGINYRING may provide the Client a reasonable opportunity to retrieve data in connection with a termination under Section 13.5. Any retrieval or retention remains subject to Section 23 and is not guaranteed where immediate isolation or deletion is reasonably necessary.

13.7 For Consumer contracts subject to automatic renewal, ENGINYRING will provide a renewal reminder on a durable medium at least thirty (30) days before the Renewal Date whenever the applicable contract duration makes such notice possible after contract formation. The reminder will identify the relevant Service, Renewal Date, next billing period, applicable renewal price or basis for determining it, and clear cancellation instructions. To ensure a meaningful opportunity to act on that reminder, the Consumer may submit a non-renewal instruction until the later of (a) the general deadline in Section 13.1 and (b) seven (7) calendar days after the renewal reminder is sent, provided the instruction is received before the Renewal Date. If the initial Consumer Service period is shorter than thirty (30) days and a thirty-day post-contract reminder is therefore impossible, the renewal information will be provided before or at contract conclusion and ENGINYRING will use a renewal mechanism permitted by mandatory law. Any later mandatory cancellation right prevails.

13.8 Subject to the Consumer rule in Section 13.7, a cancellation request received fewer than thirty (30) calendar days before the applicable Renewal Date takes effect for the following renewal and does not cancel, reverse or create a refund entitlement for the billing period that is already due to renew or has already renewed, except where mandatory law requires otherwise.

13.9 Disabling, removing, replacing, blocking or allowing a payment method to expire, disputing or preventing an automatic payment, or simply ceasing to use or access a Service does not constitute a cancellation request. Cancellation must be submitted in writing through a cancellation method accepted by ENGINYRING, including the Client Area or a support ticket, unless another method is expressly agreed in writing.

13.10 Where the Client requests immediate termination of an active prepaid Service, ENGINYRING may terminate the Service before the end of the paid period; however, such immediate termination does not create a right to a full or prorated refund or credit for the unused remainder of that prepaid period, except where required by applicable mandatory law.

14. Applicable Law and Disputes

14.1 All our offers, agreements and their implementation are subject to Romanian law only.

14.2 Any dispute, including any disagreement which only one party considers to be a dispute, resulting from or related to the agreement to which these terms and conditions apply or the related terms and conditions themselves and their interpretation or implementation, both in factual and legal terms, will be settled by the competent courts in Romania.

14.3 Before resorting to litigation, parties agree to first attempt to resolve any dispute through negotiation or mediation.

15. Legal Compliance and Prohibited Activities

15.1 Users are strictly prohibited from engaging in any illegal, harmful, or abusive activities while using our services as detailed in our Acceptable Use Policy.

15.2 Users are solely responsible for all content they upload, share, or transmit using our services.

15.3 ENGINYRING may determine, acting reasonably and based on available technical, legal, security and abuse information, what constitutes a violation of our policies.

15.4 Users must comply with all applicable local, national, and international laws, regulations, and treaties while using our services.

15.5 ENGINYRING reserves the right to report any suspected illegal activities to appropriate law enforcement authorities and to cooperate fully with such authorities in the investigation of alleged unlawful activities.

15.6 By default, SMTP traffic, including ports 25, 465 and 587, is blocked on virtual and dedicated server plans. At the client's request, the restriction may be lifted only after successful KYC validation and payment of any applicable activation, risk-management or recurring fee disclosed before approval. Lifting the technical block does not authorize unsolicited or abusive messaging.

15.7 Bulk or mass mailing, whether solicited or unsolicited, requires ENGINYRING's separate prior written approval. Any unauthorized bulk mailing, spam complaint pattern or material mail-reputation incident may result in immediate reinstatement of the SMTP restriction, permanent refusal of future unblocking requests, suspension or termination without refund. Outbound email use through a standalone IPv4 leasing service is prohibited unless separately approved in writing.

15.8 ENGINYRING has established a dedicated abuse reporting mechanism as required by Romanian law. Reports of illegal content can be submitted to abuse@serverspan.com or through our online reporting form. Reports will be processed promptly, and we will take appropriate action as required by law.

15.9 Verification and Account Integrity. ENGINYRING may request reasonable and proportionate identity, account, business, payment, ownership or usage verification where necessary for fraud prevention, sanctions or legal compliance, account-security concerns, payment abuse, abuse mitigation, higher-risk Services or other legitimate risk controls. Failure to provide information reasonably required for such verification may result in delayed activation, restrictions, suspension, refusal of a request or termination where the resulting risk cannot reasonably be accepted.

16. Indemnification

16.1 To the fullest extent permitted by applicable law, the Client agrees to indemnify, defend and hold harmless ENGINYRING, its officers, directors, employees, agents, affiliates, suppliers and infrastructure providers from and against third-party claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines and reasonable costs and expenses, including reasonable legal fees, to the extent arising from or related to:

• the Client's use or misuse of the Services;
• any content, data, software, traffic or other material transmitted, hosted, stored, processed or otherwise made available through the Client's Services;
• any breach of these Terms, the Acceptable Use Policy or any other applicable contractual policy;
• any infringement or alleged infringement of the rights of a third party attributable to the Client or use of the Client's Services;
• any violation of applicable law or regulation attributable to the Client;
• fraudulent, abusive, malicious, unlawful or unauthorized activity attributable to the Client, its users, customers, downstream users or persons accessing the Services through the Client's account or infrastructure;
• spam, phishing, malware, denial-of-service activity, network abuse, copyright or trademark infringement, privacy violations, unlawful content, unauthorized access or other abuse originating from or facilitated through the Client's Services;
• inaccurate, misleading or unlawful information or instructions supplied by the Client to ENGINYRING or to third parties in connection with the Services; and
• reasonable investigation, remediation, network, abuse-management, legal, administrative or third-party costs incurred by ENGINYRING as a direct consequence of the foregoing.

16.2 The Client remains responsible for the acts and omissions of any person to whom the Client grants, permits or enables access to the Services, including employees, contractors, customers, end users, downstream users and other authorized or unauthorized users where such access results from the Client's account, credentials, systems or configuration.

16.3 ENGINYRING will, where reasonably practicable, notify the Client of a third-party claim for which indemnification is sought and may require the Client to provide reasonable cooperation, information, records and assistance necessary for the defence, investigation or resolution of the matter.

16.4 ENGINYRING may participate in the defence or settlement of any claim through legal counsel of its choice where ENGINYRING reasonably considers this necessary to protect its interests, infrastructure, reputation, legal position or relationships with suppliers, upstream providers or competent authorities.

16.5 The obligations under this Section survive suspension, cancellation, expiry or termination of the Services or Agreement to the extent they relate to events, conduct or liabilities arising before or during the period in which the Services were supplied.

17. Monitoring and Enforcement

17.1 ENGINYRING does not undertake general monitoring of Client content. We may investigate specific content, traffic, activity, logs or technical information where reasonably necessary for security, abuse prevention, incident response, enforcement of these Terms or the AUP, protection of our infrastructure or third parties, or compliance with law.

17.2 ENGINYRING may take any action deemed necessary to protect our network, services, and reputation, including but not limited to removing content, suspending or terminating accounts, or reporting illegal activities to appropriate authorities.

17.3 We maintain a transparent notice and action mechanism for handling reports of illegal content as required by Romanian law. When we receive a sufficiently substantiated notice about illegal content, we will act expeditiously to remove or disable access to that content.

17.4 When content is removed under Section 17.3, we will inform the content provider of the removal, provide a statement of reasons, and information about available redress mechanisms, except where prohibited by law or where doing so would interfere with the prevention or detection of crime.

18. Limitation of Liability

18.1 To the extent permitted by applicable law, ENGINYRING's liability is governed by the provisions set forth in Section 8 (Liability).

18.2 ENGINYRING shall not be liable for service interruptions that remain within the parameters of our Service Level Agreement (Section 22).

18.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Romanian law.

19. Cooperation with Authorities

19.1 ENGINYRING will cooperate with law enforcement and legal authorities as required by law.

19.2 We may disclose user information when legally required or permitted to do so in response to court orders, lawful requests from competent authorities or other valid legal processes.

20. Changes to Services

20.1 ENGINYRING may modify, suspend, migrate, replace or discontinue a Service where reasonably justified by security requirements, legal or regulatory obligations, upstream or supplier changes, product deprecation, technical modernization, capacity constraints, abuse prevention, changes in third-party licences or infrastructure, or other legitimate operational reasons. Where reasonably practicable, prior notice will be provided as follows:

• For minor changes that do not materially affect Service functionality: 7 days' notice;
• For significant changes materially affecting Service functionality: 30 days' notice;
• For planned Service discontinuation: 60 days' notice to allow reasonable migration.

20.2 The notice periods in Section 20.1 do not apply where immediate or shorter action is reasonably necessary because of an emergency, active security or abuse incident, legal or regulatory requirement, loss or failure of an upstream or third-party dependency, or another circumstance outside ENGINYRING's reasonable control. For scheduled maintenance, we will normally provide at least 48 hours' advance notice, except for emergency maintenance required for security or Service stability.

21. Modification of Terms

21.1 ENGINYRING may amend these Terms where reasonably justified by changes in law or regulation, security or abuse requirements, payment or supplier rules, technology, product structure, infrastructure, operational processes, risk controls or other legitimate business needs. For Business Clients, an amendment becomes effective on the date stated in the notice or, if no later date is stated, upon publication after the Client has been notified through a contractual contact method. Continued use after the effective date constitutes acceptance to the extent permitted by law.

21.2 For Consumers, ENGINYRING will notify any material amendment at least 30 days before its effective date. If the Consumer does not agree with the material amendment, the affected Service may be terminated without a contractual early-termination penalty during that notice period, subject to settlement of amounts already due and any mandatory rules applicable to the termination.

21.3 The Client should review these Terms periodically and must keep the registered contact information current so contractual notices can be delivered.

21.4 ENGINYRING will maintain an archive of previous versions of these Terms. Previous versions may be provided on request and may also be published online.

21.5 Each version is identified by a revision number and date. Unless mandatory law or an express written agreement requires otherwise, amendments apply prospectively from their applicable effective date and do not retroactively alter completed transactions, accrued payment obligations, or events and disputes that arose before that effective date.

22. Technical Support and Service Levels

22.1 Service Level Agreement (SLA)

• 22.1.1 ENGINYRING guarantees 99.9% monthly availability of the ServerSpan-controlled network serving the affected Service, excluding the events and periods specified in Section 22.1.4.
• 22.1.2 Service Credits: In the event that ENGINYRING fails to meet the 99.9% uptime guarantee, clients will be eligible for service credits as follows:
  • < 99.9% but ≥ 99.0%: 10% of monthly fee
  • < 99.0% but ≥ 98.0%: 25% of monthly fee
  • < 98.0%: 50% of monthly fee
• 22.1.3 To receive service credits, Clients must submit a claim within 7 days after the end of the month in which the qualifying downtime occurred.
• 22.1.4 Availability calculations exclude scheduled or emergency maintenance; attacks or abuse affecting the Client; Client configuration, guest operating system, software or application failures; suspension permitted under these Terms; force majeure; and failures of third-party systems, carriers, DNS, payment providers, upstream networks or other dependencies outside ENGINYRING's reasonable control, except to the extent expressly included in the affected Service.
• 22.1.5 Service credits are calculated against the monthly recurring fee attributable to the affected Service for the affected month and are capped at the credit percentage stated above. Credits are not cash refunds and may not be transferred or exchanged for cash.

22.2 Technical Support Levels

• 22.2.1 Standard Support: target initial response within 24 hours during Monday-Friday, 9:00-17:00 EET support hours.
• 22.2.2 Premium Support (where purchased and available): target initial response within 4 hours for qualifying critical issues, according to the applicable Premium Support description.
• 22.2.3 Emergency Support: emergency incident intake is available 24/7 for Service-wide outages and critical security incidents. Availability of the emergency intake channel does not constitute a guaranteed resolution time.

22.3 Support Scope: Support covers availability of ENGINYRING-controlled infrastructure, network connectivity and hardware or platform issues within the scope of the purchased Service. Application-level, operating-system or customer-configuration support is excluded unless expressly included in the applicable Service. Response times are initial-response targets and are not resolution-time guarantees.

23. Data Backup and Retrieval

23.1 ENGINYRING may maintain infrastructure-level backup or disaster-recovery copies according to the architecture, location and type of Service. Unless a managed backup feature is expressly included in the purchased Service, such copies are maintained for ENGINYRING's operational recovery purposes and are not a Client backup or archival service.

23.2 Clients must maintain their own independent, current and tested backups of all data whose loss would be material to them.

23.3 Upon suspension, expiry or termination of a Service, access to active Client data may cease immediately or at the effective termination time. Where technically available and not prohibited by security, abuse, legal or infrastructure constraints, ENGINYRING may retain active Service data for a limited recovery period of up to 14 days, but no post-termination retention or recoverability is guaranteed unless expressly included in the purchased Service.

23.4 Disaster-recovery or system backup copies may remain within normal backup rotation after active data has been removed. Such copies are not an archival service, may not be individually accessible or restorable, and will expire or be overwritten according to the applicable backup lifecycle. ENGINYRING may charge a reasonable fee for restoration work not caused by a failure for which ENGINYRING is responsible.

23.5 The Client is solely responsible for maintaining independent, current and tested backups appropriate to the importance of its data. To the fullest extent permitted by applicable law and subject to Section 8, ENGINYRING is not liable for loss, corruption or destruction of Client data where the loss results from the Client's failure to maintain adequate backups, from excluded circumstances under these Terms, or from a Service that does not expressly include a managed backup commitment.

24. Data Protection and Privacy

24.1 ENGINYRING processes personal data in accordance with the GDPR and other applicable Romanian and European Union data-protection rules.

24.2 Our detailed Privacy Policy, available through the ServerSpan legal pages, forms an integral part of these Terms and describes the categories of personal data we process, the purposes and legal bases of processing, recipients or categories of recipients, retention principles and available data-subject rights.

24.3 ENGINYRING acts as a data processor for personal data that a Client uploads, stores or processes through the Services on the Client's behalf. The Client remains responsible for compliance with the data-protection obligations applicable to its own hosted content and processing activities.

24.4 Where ENGINYRING has reasonable doubts concerning the identity or authority of a person making an account-sensitive or data-rights request, ENGINYRING may request proportionate additional information necessary to verify identity or authority before acting on the request, without requiring information that is unnecessary for that verification.

25. Severability

25.1 If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.

26. Security Practices

26.1 ENGINYRING implements reasonable security measures to protect our systems and your data.

26.2 If you discover a security vulnerability in our services, please report it following our Responsible Disclosure Policy.

26.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

27. IPv4 Address Resource Leasing

27.1 Scope and Business Use. This Section applies to standalone or bundled ServerSpan IPv4 address resource leasing services supplied by ENGINYRING. IPv4 leasing is offered only to verified legal entities, registered professionals, sole traders, public institutions and other persons acting for purposes related to their trade, business or profession. It is not offered as a consumer service. The Client warrants that it orders and uses the IPv4 Resource exclusively in a professional capacity and that the person placing the order is authorised to bind the Client.

27.2 Definitions. "IPv4 Resource" means the IPv4 prefix identified in the applicable order, quotation, service schedule or client portal record (the "Lease Order"). "Resource Holder" means ENGINYRING or the third party holding the underlying registration, allocation, assignment or contractual rights. "Authorised ASN" means the origin autonomous system number approved by ENGINYRING. "Validation Objects" include Route Origin Authorisations (ROAs), Internet Routing Registry (IRR) route objects, route-set entries, Letters of Authorisation (LOAs) and comparable routing records. "Registry Records" include RIR Whois or RDAP records, RIPE Database objects, ARIN reassignment or reallocation records, SWIP or RWhois records, reverse DNS delegations and related records. "Announcement" means originating, propagating or causing the IPv4 Resource to be originated or propagated through BGP.

27.3 Limited Right of Use; No Ownership. Subject to payment and continued compliance, the Client receives a limited, temporary, revocable and non-transferable contractual right to use and, where expressly authorised, announce the IPv4 Resource during the active lease term. No sale, transfer, assignment of ownership, property right, permanent entitlement or RIR membership right is created. All administrative and underlying rights remain with ENGINYRING or the Resource Holder. The Client may not sell, transfer, pledge, encumber, register as its property or otherwise represent ownership of the IPv4 Resource.

27.4 Lease Order. Each IPv4 lease is governed by a Lease Order specifying, as applicable, the prefix, Resource Holder, RIR region and status, Authorised ASN, permitted maximum prefix length, activation date, commitment period, renewal and notice terms, price, setup or registry fees, security deposit, authorised use, included routing or transit services, and responsibility for Registry Records and Validation Objects. In case of conflict, the Lease Order prevails only for product-specific technical and commercial particulars; these Terms and the Acceptable Use Policy prevail for ownership, legal compliance, abuse, suspension, liability and enforcement.

27.5 Verification and Continuing Eligibility. Provisioning and continued use are conditional upon satisfactory KYC, business, beneficial-owner, sanctions, fraud, ASN-control, technical-use and reputation checks. The Client shall provide accurate corporate, billing, technical, network-operations and continuously monitored abuse contact information and shall promptly provide supporting documents requested by ENGINYRING. ENGINYRING may delay activation, require a security deposit, impose technical restrictions, refuse an ASN or use case, or suspend service where information is inaccurate, incomplete, outdated, unverifiable or presents unacceptable risk.

27.6 Registry and Administrative Control. ENGINYRING or the Resource Holder retains control of Registry Records and Validation Objects and may create, amend, replace, reject or remove them as reasonably required for routing security, policy compliance, accuracy, abuse mitigation or termination. The Client authorises publication of required organization, technical, abuse and network-use information in public registries. The Client shall notify ENGINYRING within two business days of ordinary changes and immediately of loss of ASN control, compromised contacts, unauthorised announcements or any event affecting routing authority.

27.7 LOA, ROA, IRR and Reverse DNS. Only ENGINYRING or the Resource Holder may issue or revoke an LOA and create or control the authoritative ROA, RIR registration and authenticated IRR objects unless the Lease Order expressly provides otherwise. The Client shall use only the Authorised ASN and shall not create or procure conflicting, misleading or unauthorised route, route-set, ROA, registry or reverse-DNS objects. ENGINYRING may restrict ROA maxLength and may require RPKI-valid routing. Reverse DNS may be delegated or managed by ENGINYRING as specified in the Lease Order and may be withdrawn upon suspension or termination.

27.8 Routing Conditions. The Client shall announce the exact authorised prefix only through the Authorised ASN and within the permitted prefix length. Unless expressly approved in writing, the Client shall not originate more-specific routes, create a multiple-origin AS condition, permit any third party to originate the prefix, leak routes, forge an AS path or routing record, announce outside the lease term or use an LOA beyond its stated scope. Independently announced IPv4 Resources are normally supplied as /24 or larger; smaller blocks may be usable only within an aggregate, through ServerSpan-managed routing, or as otherwise stated in the Lease Order. Global acceptance of any route is not guaranteed.

27.9 No Subleasing or Unapproved Downstream Use. The Client may not resell, sublease, reassign, reallocate, subdelegate or make the IPv4 Resource available to another organization, including an affiliate, without ENGINYRING's prior written approval. If approved, the Client shall identify every downstream user, bind them contractually to restrictions at least equivalent to these Terms and the AUP, maintain sufficient allocation and customer records, comply with the applicable RIR delegation model and remain fully liable for all downstream activity. Approval may be withdrawn where continued downstream use creates policy, abuse, legal or reputational risk.

27.10 Delivery, Condition and Reputation. IPv4 Resources are provided on an "as is" and "as available" basis. ENGINYRING does not guarantee universal route acceptance, deliverability, geolocation, access to third-party platforms, absence from every historic or private reputation database, or suitability for email, advertising, financial, streaming or other reputation-sensitive uses. Within seven calendar days after activation, the Client may report a demonstrable pre-existing unauthorised third-party announcement or active listing on a major public abuse or reputation list. After investigation, ENGINYRING may, at its option, replace the affected prefix or refund the unused prepaid lease fee attributable to it. This remedy does not apply to conditions caused, continued or aggravated by the Client and is the Client's exclusive remedy to the fullest extent permitted by law.

27.11 Abuse Response. The Client shall maintain a monitored abuse contact capable of acting at all times. Critical incidents, including active phishing, malware command-and-control, CSAM, ongoing DDoS, source-address spoofing, route hijacking or route leakage, must be acknowledged within four hours and mitigated immediately or within the deadline specified by ENGINYRING. Other substantiated reports must be acknowledged within 24 hours. Automated acknowledgement alone is insufficient. The Client shall preserve relevant logs, identify the responsible system or downstream user, provide a substantive remediation report when requested and cooperate with ENGINYRING, the Resource Holder, upstream networks, RIRs and competent authorities.

27.12 Protective Action and Reputation Damage. Where ENGINYRING reasonably considers immediate action necessary to protect routing security, the IPv4 Resource, the Resource Holder, its networks or third parties, it may without prior notice withdraw or revoke an LOA, ROA, IRR object, reverse DNS, route announcement or access to the service; request an upstream filter or null-route; quarantine the resource; or suspend or terminate the lease. The Client is liable for reasonable and documented investigation, blacklist or reputation remediation, registry correction, emergency routing, upstream, legal and administrative costs caused by the Client or its downstream users.

27.13 Billing, Fees and Refunds. IPv4 lease fees are invoiced in advance according to the Lease Order. Setup, verification, LOA, ROA, reassignment, registry, activation, security-deposit administration and manually performed fees become non-refundable when the related work begins. Lease fees are non-refundable for Client-requested cancellation during a committed term and for suspension or termination caused by the Client. Non-payment authorises immediate withdrawal of routing and registry authorisation. Any security deposit may be applied to unpaid charges, continued unauthorised use, abuse handling and remediation costs, without limiting the Client's remaining liability.

27.14 Expiry, Cancellation and Reclamation. On expiry, cancellation, suspension or termination, the Client's right of use ends immediately at the effective time and the Client shall stop all Announcements and use of the IPv4 Resource. No routing grace period or data-retrieval period applies to the address resource itself. For a no-fault commercial reclamation initiated by ENGINYRING, ENGINYRING will seek to provide 90 days' notice where reasonably practicable and may offer an equivalent replacement prefix or a pro-rata refund of the unused prepaid lease fee. Shorter or immediate action is permitted where required by law, an RIR, IANA, a Resource Holder, an upstream provider, a routing-security incident, an abuse emergency or circumstances outside ENGINYRING's reasonable control.

27.15 Unauthorised Post-Termination Announcement. Any Announcement after the Client's authority has expired or been suspended or terminated is unauthorised and constitutes a material breach and potential prefix hijacking. ENGINYRING may notify upstreams, RIRs, routing-security operators and competent authorities; revoke all Validation Objects; refuse future services; and recover the ordinary lease charge for the period of continued use together with reasonable and documented enforcement, abuse-management and remediation costs until the Announcement ceases. The Client shall immediately cooperate in route withdrawal.

27.16 RIR, Resource Holder and Upstream Dependency. The service remains conditional on ENGINYRING or the Resource Holder retaining the legal, contractual, registry and technical authority necessary to provide the IPv4 Resource. The Client shall comply with applicable IANA and RIR policies, registry procedures, routing-security requirements and reasonable instructions from ENGINYRING. ENGINYRING is not liable for a withdrawal, replacement, renumbering, policy change, registration change or technical restriction imposed by an RIR, IANA, the Resource Holder, an upstream provider or a competent authority, except for the replacement or pro-rata refund remedy expressly stated in Section 27.14.

27.17 No Standalone IPv4 Network SLA. The network-availability SLA in Section 22 does not apply to a standalone IPv4 lease because ENGINYRING does not control the Client's routers, transit providers, BGP configuration, third-party filtering, route propagation, RPKI enforcement, geolocation databases or reputation systems. A separate SLA applies only where the Lease Order expressly includes ServerSpan-managed BGP transit, tunnelling, route announcement or network connectivity.

27.18 IPv4-Specific Indemnity. In addition to Section 16, the Client shall indemnify and hold harmless ENGINYRING, the Resource Holder and their upstream providers from claims, losses, penalties, costs and expenses arising from unauthorised announcements, route leaks or hijacking, inaccurate registry information, downstream use, spam or blocklisting, spoofed traffic, infringement, fraud, privacy violations, regulatory or law-enforcement action, and remediation or renumbering attributable to the Client's use.

27.19 Survival. Payment obligations, responsibility for unauthorised post-termination use, indemnification, remediation costs, dispute provisions and any provision intended by its nature to survive shall remain effective after expiry or termination.