Terms and Conditions

Terms and Conditions

THESE TERMS AND CONDITIONS GOVERN THE USE OF THE LPS Solutions SRL WEBSITE, SERVICES AND MATERIALS AND (COLLECTIVELY REFERRED TO AS "COMPANY" OR WE) BY COMPANY'S CUSTOMERS AND THE CUSTOMER'S EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "CUSTOMER").
BY USING THE WEB SITE/MATERIALS/SERVICES, CUSTOMER AGREES TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. CUSTOMER'S USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES CUSTOMER'S ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY 

DEFINITIONS:
- "LPS Solutions" shall mean the corporation whose address and other details are as follows: 
"L.P.S. Solutions" SRL, 23 Decebal blvd., office 107, MD-2002 Chisinau, Moldova, email: info@lps.md, IDNO: 1005600050821, VAT code: 0205830.

- The "Company website" shall mean the LPS Solutions website, whose address is as follows: https://lps.md 

- The "Customer" shall mean any physical or moral person who sets up an account and registers on the Company website; or any person who places an order for a Company service by means of an online order form; or any person who uses Company services in any form whatsoever. The Customer shall be the sole holder of the account he sets up. If the Customer acts on behalf of a limited partner that does not have a direct relationship with Company, the Customer shall assume sole responsibility for any action realised by the Customer in regard to Company. Any order placed by the representative of a physical or moral person shall be deemed to have been placed by such physical or moral person, who shall assume sole responsibility for such order.

- "Working day" shall mean a normal workday within the meaning of Republic of Moldova civil law, exclusive of weekends and legal holidays.

- "Software" means machine-readable instructions and data (and copies thereof) and related updates and upgrades, licensed materials, user documentation, user manuals, and operating procedures.

- Software License Information ("SLI") is license information that is specific to a Software Product. SLI may be found in a file in the Software Product's directory or as information that accompanies the Software Product or in Company quotations. SLI is available upon request.

- "Version" means a release of Software that contains new features, enhancements, and/or maintenance updates, or for certain Software, a collection of revisions packaged into a single entity and, as such, made available by Company to its customers (also called a "Release").

- "Product" means Hardware or Software listed in Company's standard price list at the time of Company's acceptance of Customer order, and including products that are modified, altered, or customized to meet Customer requirements.

- "Specification" means technical information about Products published in Company Product manuals, user documentation, and technical data sheets in effect on the date Company delivers Products to Customer.

- "Cookie" is a small data file transferred by a website to your computer's hard drive. LPS Solutions or its service providers send cookies when you surf our site, make purchases, request or personalize information, or register yourself for certain services.  Cookies are typically classified as either "session" cookies or "persistent" cookies.
 * Session cookies do not stay on your computer after you close your browser. 
 * Persistent cookies remain on your computer until you delete them or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you and some Web pages may not display properly.

- "Service Description" is a description of the Company's resources and services used by the Customer as part of their contractual agreement and/or Customer's order.

ACCEPTANCE OF TERMS 
Company makes available for Customer's use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by Company (collectively, the "Services"), subject to the terms and conditions set forth in this document ("Terms and Conditions"). By accessing or using this Site, which includes Customer's access to or use of any of the Services/Materials, you agree to these Terms and Conditions. Company reserves the right to change the Terms and Conditions from time to time at its sole discretion. Customer's use of the Site will be subject to the most current version of the Terms and Conditions posted on the Site at the time of such use. 

ACCEPTANCE OF CONTRACTUAL AGREEMENT
1. Customer agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Company, or by using any of Company resources, Products or services that you are agreeing to our Terms and Conditions (TAC), Acceptable Use Policy (AUP), and our Service Level Agreement (SLA). No modifications of these documents by customer are allowed.
2. Company will provide, and Customer will purchase and pay for, the services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges and is aware of our AUP, SLA, and TAC.
3. In connection with any Hosting Services, if Customer's actual bandwidth or disk usage in any month exceeds the allotted amount, as specified in the applicable hosting plan that Customer subscribes to, then Customer will pay Company any additional fees as specified in the Service Description. If Customer does not pay, Company will suspend Customer's account until payment is received. 

ORDER ACEPTANCE POLICY 
We reserve the right, in our sole discretion, without prior notification, to accept or decline Customer's order or limit the order quantity for any reason. Customer's receipt of an electronic or other form of order confirmation does not signify our acceptance of Customer's order, nor does it constitute confirmation of the order or our offer to sell.
For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain euro amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

PAYMENTS AND FEES 
Establishment of this service is contingent upon receipt of payment from Customer to Company. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a 5.00 Euro reconnect charge. Accounts not paid by due date are subject to a 5.00 Euro late fee.

Invoices are payable from the time the Order is succesfully registerd in our system.
We accept two payment methods when ordering products or services:
a) Bank transfer. This payment method can be used as soon Customer received the Order confirmation with the payment details. LPS Solutions will send Customer another confirmation email informing Customer about the registered payment from Customer on Company's account and the start of contractual aggrement.

b) PayPal. PayPal is a credit institution that allows any business or consumer with an email address to securely, conveniently and cost-effectively send and receive payments online. Please refer to www.paypal.com for details about PayPal payments. Customer can pay the order using PayPall as part of checkout process on Company's site. Thus, the Company will send the Order number and Order amount to PayPal during the checkout process. PayPal inform Company about the Order payment transaction status. Company will inform the Customer by email about the start of contractual aggrement as soon the payment has been succesfully registered by PayPal. Company does not have access to Customer's credit card information.

DELINQUENT ACCOUNTS
Company may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

LOGIN AND PASSWORD
When placing his first order, the Customer shall register using a login name (username) and a password of his choosing that shall enable the Customer to identify himself to the Company servers and to carry out various operations such as buying software and so on.
Any modification in the Customer's account shall be subject to entry of the Customer's login name and password.
The Customer shall bear sole responsibility for the management and preservation of the login name and password that have been attributed to him.
Any instructions received by Company that include the Customer's login name and/or password shall be presumed to have been submitted by the Customer. Hence, Company cannot be held responsible for any fraudulent use of such login name and/or password, which are personal and confidential elements that the Customer shall not disclose to any third party under any circumstances.
In the event of loss or theft of the Customer's login name and/or password, or if the Customer has reason to believe that his login name and/or password have been disclosed to any third party, the Customer shall modify his login name and password without delay.

ACCOUNT CANCELLATION 
Customer explicitly agrees that while Customer has an active contract with Company, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing Company fifteen (15) days' written notice of service termination prior to the start of the month Customer wishes to cancel service. All amounts due on account must be paid prior to the cancellation date in order for the cancellation to be effective. Without notice, Company will consider Customer to be on a month-to-month contract extension.

REFUNDS AND DISPUTES 
All payments to Company are non-refundable regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to Customer's credit card issuer, also known as chargebacks, under the terms and conditions of our SLA, AUP, and TAC, will result in service interruption, as well as reconnection fees of 10 Euro to restore the desired service. Service will be restored after a chargeback solely at the Company's discretion.

ACCEPTABLE USE 
Customer may not take any action that violates Company's Acceptable Use Policy (AUP). The most recent copy of Company's AUP can always be found on the Company Site. Customer is responsible for periodically checking the AUP and ensuring that they stay in compliance.

PRIVACY POLICY 
Company collects, stores and uses data obtained from Customer in accordance with our Privacy Policy. The most recent copy of Company's Privacy Policy can always be found on the Company Site.

DELIVERY
The Product or Service will be delivered via Internet (email, file download, ftp and similar methods). 
No other shipping methods are supported by Company so far.

WARRANTIES
Warranties and disclaimers except as expressly provided otherwise in a written agreement between customer and company, all materials and services on this site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, company makes no warranty that:
- the services and materials will meet customer's requirements; 
- the services and materials will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the services or materials will be effective, accurate or reliable;
- the quality of any products, services, or information purchased or obtained by you from the site will meet customer's expectations; 
- any errors in the software obtained from the site will be corrected. 

In no event shall company or its suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. 

These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.
This document assumes that you have read and comply with LPS Solutions Software License Terms that can be found on our website.

Last update: 04 January 2022