This is an English translation. We provide it to help you read this document. The Romanian version is the one in effect: where the two differ, the Romanian text applies, not this translation. Read the Romanian version.

Terms and Conditions

1. About Primcast Europe SRL

The company that operates the site primcast.com, for servers rented in Amsterdam or in Bucharest, is Primcast Europe SRL, with its registered office in Bucharest, Sector 2, Str. Dimitrie Pompeiu no. 8, HPP, ground floor, registered with the Trade Register under no. J40/11011/2016, with sole registration code 36436303.

In these terms and conditions of use, Primcast Europe SRL is the provider of web hosting services, classified as follows: website hosting (shared and reseller plans), dedicated servers, server administration and management services, and SSL certificates. The complete list of Primcast services can be found on the website primcast.com.

2. Contracting the services

Buying the services provided by primcast.com means accepting the terms and conditions of use.

Acceptance takes place in the online order process, when the customer confirms having read and accepted these terms and conditions.

If you are a consumer, meaning a natural person acting for purposes outside their commercial, industrial, production, craft or liberal professional activity, you have the right to withdraw from a distance contract within 14 days of its conclusion, without giving a reason and without penalty, under Government Emergency Ordinance no. 34/2014 on consumers' rights in contracts concluded with professionals (OUG 34/2014).

The right of withdrawal and the withdrawal function described in this section apply to consumers whose billing address, in the billing details the order is paid with, is in a member state of the European Union. Billing details that give no country are treated as being in the Union. This does not restrict any right the law gives a consumer.

On the order page you will find a separate option, not ticked beforehand, by which you can expressly ask for the service to start within the withdrawal period (art. 8(8) of OUG 34/2014). By the same option you acknowledge that, if you withdraw within the 14 days, you pay only the part of the price that corresponds to the service supplied until then, and that you can no longer withdraw once the service has been fully performed. The service is delivered to you in both cases, whether you tick the option or not. If you did not tick it and you withdraw within the 14 days, we refund in full what you paid and you owe nothing for what we supplied until the withdrawal (art. 14(6)(a)); the same applies if we did not give you the information the law requires about the right of withdrawal and about what you would owe on withdrawing. If you ticked it and you withdraw within the 14 days, you owe only an amount proportional to the service supplied up to the moment you informed us of the withdrawal, calculated in the units in which the service is billed (art. 14(5)). The right of withdrawal is lost only after the service has been fully performed, and only if performance began with your prior express consent and after you confirmed that you know you lose the right of withdrawal in that way (art. 16(a)). A service is fully performed when we have supplied everything we promised under that contract; the end of a paid period of a service that continues does not mean it has been fully performed. Activating a monthly service does not mean it has been fully performed. We email you the confirmation of the contract, which includes your request and your acknowledgment, if you gave them.

You can withdraw with the function "Withdraw from contract" in your account or at primcast.com/withdraw, where no sign-in is needed, or by an unequivocal statement sent to billing@primcast.com. The function is available for the whole withdrawal period, also when that period is extended. We confirm your withdrawal by email, without delay, with the content of your statement and the date and time you sent it. The details are in the Refund policy, section 2.

3. Application of the terms and conditions

The terms and conditions of use apply to all visitors of the website primcast.com and to its customers who use the services. Their purpose is to ensure that all users of primcast.com have the same rights and interests, in line with the rules applied.

You accept these terms when you place the order. The contract is concluded at the moment we confirm to you that we accept the order, after the first payment is recorded: by the confirmation sent by email or, where there is none, by the activation of the service ordered. An order that is not paid gives rise to no contract. If you are a consumer, the 14-day withdrawal period does not start to run before the date on which we sent you the contract confirmation, with the information about the right of withdrawal. The terms remain valid until all services have ended and all payment obligations are met, and the rights and obligations arising from them are valid for the whole duration of any service provided.

We may change these terms only for one of the following reasons: a change in the law, or a requirement of an authority or a court; the security of the services and of the network, and the prevention of fraud and abuse; a technical change to the service, such as the replacement of equipment or of software, a change imposed by the data center, by a network operator or by the maker of licensed software, or the withdrawal of a product by its supplier; the introduction of new services, options or payment methods; the correction of an error or the clarification of a text, without reducing your rights. A change goes no further than its reason requires. We email you the changes and the reason for each at least 30 days before they take effect. If you do not agree, you can terminate the contract at no cost, within 30 days of the date you received the notice or, if later, of the date the change takes effect, and amounts paid in advance for the remaining period are refunded to you pro rata. The right to terminate does not apply to a change if we give you the possibility of keeping the unmodified service at no additional cost. Changes do not apply retroactively and do not change the price of a period already paid for.

The most recent version can be found on the "Terms and conditions" page linked in the footer of the site's pages.

4. Use of the servers

The service use policy agreed by the customer is an integral part of the contract signed between primcast.com and the customer, even where a particular product or service has individual or customized use policies set by mutual agreement.

The services offered on this site may be used only for lawful purposes.

It is forbidden to transmit, store or distribute any information, data or material that breaks the law or that can directly facilitate a breach of any legal provision.

This site deals exclusively with the services specific to a data center. On buying any dedicated server, virtual server, cloud service or similar service, the customer is given the access password for the services bought. From the moment the password is sent to the customer, the customer is responsible for the content it hosts, for its passwords and accounts, and for configuring and securing the operating system and the applications it administers. Primcast Europe remains responsible for its own obligations: the infrastructure, the network and the physical security of the data center, and the services it has undertaken to provide.

The following, among others, are forbidden:

• Illegal material, material that infringes the rights of others, and obscene or offensive material;
• Unsolicited bulk messages (spam), forging the sender's identity, and phishing;
• Attempts at unauthorized access and network abuse;
• Excessive use of resources that affects the service of other customers;
• Circumventing billing, monitoring or usage limits.

Streaming, IPTV and video-on-demand services are allowed for content the customer owns or holds the distribution rights to. Retransmitting TV channels or streams without those rights, reselling access to such streams and ignoring copyright infringement notices are forbidden. Primcast Europe acts on valid notices, the content complained of must be removed, and a repeated infringement leads to termination of the services without refund of the amounts paid, except those the law obliges us to refund.

Breaking these rules can lead to the immediate suspension of the contracted services, without refund of the amounts paid, except those the law obliges us to refund. The customer understands and agrees that securing the operating system, the applications and the accounts on the dedicated, virtual, cloud or similar servers it administers is its responsibility. Hosting any pirated or unlicensed software on the contracted servers is also forbidden.

Primcast Europe provides technical support to its customers.

Technical support is available 24x7 for requests through the support system, by phone or by email.

The customer understands and agrees that Primcast Europe will do everything it can for the services provided to work as well as possible, but that it is not contractually obliged to provide assistance whatever the problem. Some services are therefore chargeable as "Management" services and can be provided only with the customer's agreement, on payment of their price in advance.

Primcast Europe reserves the right to determine at any time whether a particular support service counts as "Management".

Customers who want more resources (RAM, CPU, storage) can upgrade any service they have bought at any time, within technical limits and according to Primcast Europe's offer. The next invoice will include payment for the new package upgraded to.

The upgrade takes effect immediately after the price difference is paid by the customer and confirmed, within technical limits and subject to the availability of the necessary equipment from suppliers.

A downgrade is a move to a lower service than the one ordered. A downgrade is made from the next billing interval.

Where the integrity or proper working of the server is affected by the excessive consumption of a hosting account, primcast.com reserves the right to suspend that account without prior notice.

Under the Electronic Commerce Law no. 365/2002, as amended, primcast.com will act immediately to remove or block access to any activity or information that, by its nature, can harm the rights of a third party.

5. Anti-spam policy

By spam, Primcast Europe means any unsolicited email, whether commercial or not.

The purpose of email is communication, not promotion. Primcast Europe has zero tolerance for the sending of unsolicited online messages (spam). They are strictly forbidden, whatever their nature and whether or not they harm the web servers.

For repeated abuse the customer's account will be closed with no refund of the price of the services, except for the amounts the law obliges us to refund.

To report any spam abuse please contact: support@primcast.com.

6. Rights and obligations of customers

The customer has the right:

• To use the facilities offered by the server for its own sites, under the conditions of this contract;
• To report any irregularities or errors that prevent the server from working properly.

The customer undertakes:

• To make proper use of the server and of the facilities offered by the provider, and not to cause damage or loss to the provider through incorrect use of the services offered;
• Not to entrust the access passwords of the site's FTP account to unauthorized persons;
• Not to use the services for illegal purposes or to support illegal activities;
• To use the services offered by the provider in a way that does not breach the legislation in force on the protection of minors;
• Not to send unsolicited commercial emails or bulk emails (spam);
• Not to access other customers' accounts without authorization;
• Not to use the services offered by the provider in a way that causes computer viruses to be distributed.

7. Rights and obligations of the provider

The provider undertakes:

• To deliver the server with the characteristics of the package chosen by the customer;
• To ensure the availability of the network and the replacement of failed components, under the conditions of section 9;
• To keep the customer's access passwords and email passwords confidential;
• To remedy technical problems that prevent the normal working of the server and that fall within the provider's responsibilities (technical problems of the server, incorrect configurations made by the provider, aspects that do not match what the contract sets out);
• To use all the means at its disposal (as far as possible) to satisfy the customer, by providing a professional environment that is as secure and as stable as possible.

Rights of the provider:

• To ask for the documents needed to verify the customer's identity, when the law or fraud prevention requires it; the customer will inform the provider of any changes to these details during this contract, within 72 hours of the change;
• To stop providing the service if invoices are not paid, under the conditions of point 11.3, or if the customer does not comply with the conditions of the contract;
• To choose its customers.

8. Backup

Backups are not included in the price of the server; they are an additional service, ordered separately.

Customers are therefore advised, for maximum safety, to make at least one backup regularly on their own systems.

The customer is responsible for keeping copies of its data. The provider is not liable for loss of data caused by the actions of users, by attacks on systems the customer administers or by errors in the customer's applications. For a hardware failure, the provider replaces the component under section 9.3, and its liability is that set out in section 9.7.

9. Service guarantee (Service Level Agreement, SLA)

9.1 Scope

The service guarantee applies exclusively to services provided directly to the customers of Primcast Europe SRL. This guarantee does not apply to unaffiliated third parties or to persons or entities that have not contracted services directly from Primcast Europe.

9.2 Network availability

The Primcast Europe network is designed for 100% availability.

If the customer experiences network unavailability for more than 15 consecutive minutes, the customer will receive, on request, one (1) day of credit from the price of the server for each cumulative hour of network unavailability in any calendar month. One day of credit is one thirtieth of the monthly price of the server, and the credit for a month cannot exceed the price of that month.

9.3 Hardware guarantee

Primcast Europe guarantees the replacement of failed hardware components of the servers it rents out. A failed component is replaced within the time of the server's support plan, counted from the customer's notice by live chat (on primcast.com) or by phone (+1-646-213-0346): 24 hours for the Basic plan, included in the price of every server, 4 hours for Bronze, 3 hours for Silver and 2 hours for Gold and Platinum. If that time is exceeded, the customer receives, on request, a credit from the monthly price of the server: 10% for a delay of at most 2 hours, 20% for at most 6 hours, 40% for at most 10 hours, 60% for at most 14 hours, 80% for at most 20 hours and 100% above 20 hours. Replacing failed hardware does not include the time needed to reload the operating system or the applications.

9.4 Procedure for requesting service credits

To start a request for service credit, the customer must contact Primcast Europe within seven (7) working days of the end of the month for which the credit is requested. The service credit request must include:

• The customer's name and contact details;
• The start and end date and time of the network outage or hardware failure;
• A short description of the characteristics of the network outage or hardware failure claimed.

The customer will be notified by email of the outcome of the request. If it is rejected, the notice will state the basis for the rejection. If it is approved, Primcast Europe will issue service credit to the customer's account, which appears on the next invoice issued. The seven-day period concerns only this service credit and does not affect the rights the law gives consumers.

9.5 Maintenance work

Maintenance work is announced, except in emergencies, by notices sent to the online contact addresses at least 1 hour beforehand.

9.6 Exclusions from the SLA

The following situations are excluded from this SLA:

• Loss of connectivity caused by third parties, by announced maintenance work, or by unforeseen accidents caused by third parties that can damage connectivity over the data center's fiber-optic links;
• Reboots triggered by the customer, at the customer's request or with the customer's agreement;
• Outages caused by cyber attacks;
• Outages caused by the improper working or configuration of applications on customers' equipment, of operating system software or of any auxiliary software or applications installed;
• Software failures of the contracted equipment, and hardware or software failures of colocated equipment that belongs to the customer.

9.7 Limitation of liability

To the extent the law allows, Primcast Europe is not liable for indirect losses, such as lost profits or lost opportunities, and its total liability for a service is limited to the amount paid for the billing period in which the event that caused the loss occurred.

These limits do not apply to losses caused intentionally or through gross negligence (art. 1355(1) of the Civil Code), to harm to bodily integrity or health (art. 1355(3) of the Civil Code), or to the rights the law gives consumers that cannot be limited by contract.

Primcast Europe is liable for the non-performance or improper performance of its own obligations. The service credits in this section do not remove the other rights the law gives you for such non-performance.

10. Termination of the contract

The contract can end by operation of law where one of the parties:

• Does not perform one of the essential obligations listed in this contract;
• The customer has not paid an invoice that is due, under the conditions and after the steps of section 11.3;
• If the anti-spam policy is breached, the contract is terminated without notice and without any refund of the price of the services, except for the amounts the law obliges us to refund. Consumers keep the rights and remedies the law gives them.

The party that invokes a ground for terminating this contract will notify the other party at least 5 days before the date on which the termination is to take effect.

Termination of this contract has no effect on obligations already due between the parties.

11. Payment and billing policy

11.1 Payment method

Bank card, PayPal, bank transfer (payment order) and, where the payment page offers it, cryptocurrency.

The customer can change the payment method used at any time. A payment is considered made on the date on which the payment processor confirms it to us or on which the amount reaches the provider's account, not on the date on which the customer initiated it; a bank transfer can take a few working days. Delivery times and the periods of section 11.3 are counted by reference to that date.

11.2 Billing

Primcast Europe invoices and collects in the currency in which the price of the service ordered is shown: euro or, for services whose price is shown in US dollars, USD. Payment is made in the currency of the invoice. We apply no currency conversion; if your bank or your card issuer makes one, it takes place at their rate and with their costs. Where tax law requires the invoice to show amounts in lei as well, for example the amount of VAT, these are calculated at the exchange rate of the National Bank of Romania provided for by law and do not change the amount to be paid.

To consumers we show, before the order is placed, the total price, with VAT and any other unavoidable costs included. To customers that are legal entities we may also show the price without VAT. VAT applies according to the law, depending on the service and on the customer's tax situation; for example, for a taxable person in another member state with a valid VAT number, the reverse charge applies.

• All invoices issued to natural or legal persons in Romania carry VAT under Romanian law;
• Intra-Community invoices are issued under Romanian and EU law;
• Extra-Community invoices are issued under the applicable law.

All invoices are issued automatically when any new order is placed.

For recurring services, the customer agrees to pay for the services in advance, paying the pro forma invoice that is issued, as a rule, 9 days before the renewal date (the start of the new billing interval), and will receive the tax invoice in electronic form after the payment is made.

The contract is concluded for an indefinite period, and the service is billed in advance, by billing intervals: as a rule 1 month. The customer can end the contract at any time, with effect from the end of the billing interval paid for. The billing interval begins on the renewal date written on the invoice.

If the server cannot be delivered to the customer on the date of payment, the next invoice will carry the date on which the server was delivered in the previous month.

For example: if the customer rents the server on 15 July and it was delivered on 20 July, the next invoice will be issued dated 20 August.

If the customer chooses a period of use of the server longer than 1 month, namely 3, 6 or 12 months, the billing interval will be stated on the invoice.

11.3 Non-payment of services

A renewal invoice is payable by the renewal date written on it. On that day, the amount is collected automatically from the payment method saved in the account.

If the payment cannot be collected, the attempt is repeated every 4 days. If the third attempt also fails, 8 days after the renewal date, the service is stopped; the customer is told by email one day before. If the account has no payment method that can be charged, the service can be stopped from the renewal date.

A service stopped for non-payment comes back online automatically once the invoice is paid.

A dedicated server that remains unpaid 14 days after it was stopped is closed for good and its disks are erased; the customer is told by email 3 days and one day before. Data erased this way cannot be recovered. Storing the data is solely the customer's responsibility, and the customer is directly responsible for its loss if the service is not paid for.

Terminated services cannot be reactivated.

11.4 Return and cancellation policy

Any customer can get their money back on request, without giving a reason, in the first 3 calendar days after the initial activation of the service. This is our commercial refund guarantee; its conditions and deductions (the 15% administrative fee, usage charges, and setup (installation) fees and software licenses, which are not refunded) are those of the Refund policy, sections 1.1 and 3 to 7. The guarantee is not given to a customer who has been administratively suspended.

The commercial guarantee is not given where the customer has not complied with the contract.

Refund requests are made by email to billing@primcast.com. A commercial refund outside the three days is at the provider's discretion; legal withdrawal and the refunds due under the law do not depend on the provider's acceptance.

For consumers, these rules apply in addition to the legal right of withdrawal described in section 2, which cannot be restricted by this contract.

12. GDPR policy: terms and conditions on the processing of personal data

Under Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Law no. 190/2018 on measures implementing it, Primcast Europe SRL must administer the personal data provided by natural persons safely and only for the specified, explicit and legitimate purposes set out in this document.

12.1 Confidentiality of data

Primcast Europe undertakes to keep confidential all the information and personal data provided by the customer. This information may be disclosed only in the conditions expressly provided by law or in the situations described in this document.

12.2 Purposes and legal grounds of the processing

We process your personal data for the following purposes:

• Concluding and performing the contract, including providing the services ordered, validating orders, invoicing, canceling orders and handling requests (art. 6(1)(b) of the GDPR);
• Meeting the provider's legal obligations, including accounting records and communications to the competent public authorities, such as ANAF (the tax authority), the Police, ANSPDCP (the data protection authority), prosecutors' offices or other institutions, only on the basis of their lawful requests (art. 6(1)(c) of the GDPR);
• Preventing fraud and securing the services and the network (our legitimate interest, art. 6(1)(f) of the GDPR);
• Measuring the effectiveness of our advertisements and supporting the bidding of the advertising platforms: when a click on one of our advertisements leads to a visit in which the site is really used, to the creation of an account or to a first payment, we report an event to the platform the click came from. What the report holds is described in the Privacy policy, under Recipients of the data (our legitimate interest, art. 6(1)(f) of the GDPR);
• Keeping in touch with our customers and sending the messages about our services described below (our legitimate interest, art. 6(1)(f) of the GDPR). The newsletter and other communications you ask for are sent on the basis of your consent (art. 6(1)(a) of the GDPR).

The messages about our services are the following. To customers who have had an active service for at least three months we may write, at most once a quarter, about news and offers that fit the services they use. To somebody who reached the payment step of an order and did not complete it we send reminders about that order. To former customers and to people who asked us for information in the chat on the site we write about offers only if their address is outside the European Union and the United Kingdom. Every message has an unsubscribe link. You can object to receiving these messages at any time, through that link or by writing to us, and we then stop sending them to you (art. 21(2) and (3) of the GDPR); this does not affect the contract. Accepting these terms is not consent to advertising.

12.3 Categories of data processed

For concluding and performing the contract, Primcast Europe may process the following categories of personal data, among others:

• Last name and first name;
• Home or correspondence address;
• Country of residence;
• Phone number;
• Email address;
• Personal numeric code (CNP), where the applicable law requires it;
• Payment method and billing information.

The data is used for providing the services, invoicing, collecting the price of the services, customer relations, checking and recovering debts, and any other operations needed for the proper conduct of the contractual relationship.

12.4 Disclosure of data to third parties

We disclose personal data only as far as the purposes above require: to the affiliated company Primcast LLC (USA), with which we share the site primcast.com and the ordering, billing and support systems; to payment processors; to identity verification and fraud prevention providers; to providers of email, communications and artificial intelligence for support; to advertising platforms (the report described in the Privacy policy, with no contact details); and to public authorities, only at their lawful request. The full list, with examples, is in the Privacy policy.

12.5 Rights of the data subject: updating and erasure

The customer can exercise the rights provided by the GDPR by an email to support@primcast.com, preferably sent from the account's email address, or by a written request to the address: Str. Dimitrie Pompeiu nr. 8, HPP, Sector 2, Bucharest. We ask for further information to confirm your identity only if we have reasonable doubts about it (art. 12(6) of the GDPR).

On the basis of this request, the customer can ask, as the case may be, for:

• The rectification, updating, blocking or erasure of data whose processing does not comply with the applicable law, in particular incomplete or inaccurate data;
• The anonymization of data whose processing does not comply with the GDPR.

Personal data will be erased at the customer's request if it is no longer needed for performing the contract or if no legal obligation requires it to be kept. By way of exception, financial and accounting documents are kept for at least five (5) years, counted from 1 July of the year following the end of the financial year in which they were drawn up, under art. 25 of Accounting Law no. 82/1991.

12.6 Right to object

The customer has the right to object to processing based on our legitimate interest, including the measuring of advertisements and the messages about our services; such an objection does not affect the contracted services. Processing that is necessary for performing the contract cannot be stopped by an objection: a customer who no longer wants it can end the contract under section 10.

13. Governing law and settlement of disputes

13.1 Governing law

This contract is governed by Romanian law.

If you are a consumer, this choice does not deprive you of the protection of the mandatory provisions of the law that would apply in the absence of the choice, under the applicable rules of private international law.

13.2 Complaints

For any dissatisfaction, please write to us first at support@primcast.com, so that we can try to find a solution together. This step is not a condition for going to court or to the alternative dispute resolution (SAL) entity.

13.3 Disputes with consumers

If you are a consumer, the jurisdiction of the courts is determined by the applicable rules, including the mandatory rules that protect consumers. The clause in section 13.4 does not apply to consumers.

If you are domiciled in Romania or in another member state of the European Union:

• you can bring an action against Primcast Europe SRL before the competent court at our registered office or before the competent court of your domicile;
• Primcast Europe SRL can bring an action against you only before the courts of the state in which you are domiciled;
• another court can be chosen by mutual agreement only after the dispute has arisen.

These rules follow from art. 113(1) point 8, art. 121 and art. 126(2) of the Code of Civil Procedure and, for consumers domiciled in another member state of the European Union, from art. 18 and 19 of Regulation (EU) no. 1215/2012.

If you are domiciled outside the European Union, you can bring an action against us before the competent court at our registered office. Whether you can also turn to a court in your own country is determined by the rules that apply there; this contract does not restrict that right.

You can also, optionally, turn to the alternative dispute resolution (SAL) entity of the National Authority for Consumer Protection (ANPC), through the platform reclamatiisal.anpc.ro. The SAL procedure is not mandatory for you and does not restrict your right to go to court.

13.4 Disputes with professionals

If you conclude the contract in the course of your trade or profession, any dispute between you and Primcast Europe SRL concerning this contract is settled by the competent courts of the municipality of Bucharest, subject to the mandatory rules on subject-matter and exclusive jurisdiction. This clause has effect only if you accept it expressly when the contract is concluded, in the form required by the applicable rule: for the choice of court in a contract between parties in different states, art. 25 of Regulation (EU) no. 1215/2012; in other cases, art. 1203 of the Civil Code. If you do not accept it in that way, the competent court is determined by law.

13.5 Limitation periods

This contract does not change the limitation periods provided by law.