§1. DefinitionsThe General Terms and Conditions described below will apply to all products and services sold by Erpos and can be modified without previous notification.
By definition the followings terms will be:
Customer - a person, business, company or other legal entity that issues a purchase order;
Vendor - Erpos S.R.L with the head office in Targu Mures, Str. Moldovei Nr. 22/6, with Business Registration Number Mures J26/1361/200402, CIF RO1667551 or any contractual partner appointed by Erpos;
Goods and Services - any product or service, including the documents and services mentioned in the purchase order, which will be delivered by the Vendor to the Customer.
Purchase Order - an electronic document that is a form of communication between the Vendor and the Customer through which the Vendor agrees to deliver Goods and Services and the Customer agrees to receive and to pay for these Goods and Service.
Contract - a confirmed Purchase order or a license delivered by the Vendor. In some cases this can be a bill of sale and/or a collaboration contract and/or a contract to perform certain services.
Intellectual Property Rights (IPR) - all non-material property rights such as the know-how, copyright, database copyright, design copyright, model copyright, patents, registered trademarks and domain names for all of the above.
Specifications - all specifications and/or description of the Goods and Services as they are stated in the Purchase Order or on our web site.
§2. Contractual DocumentsBy issuing an electronic Purchase Order (whether it is finalized or not), written or by telephone, the Customer agrees to the form of communication (by telephone, email and or online) by which the Vendor runs its operations.
Should the Vendor deliver the license keys and/or confirm the Purchase Order the full acceptance of the terms of the Purchase Order will be implied. The acceptance of the Purchase Order by the Vendor will be considered finalized when there is a verbal confirmation (by telephone) and/or electronic delivery (by email) by the Vendor to the Customer. Under no circumstances will the Vendor consider an unconfirmed Purchase Order as having the same value as a Contract.
The Contract will be effective upon confirmation of Purchase Order and/or upon delivery of the license by the Vendor to the Customer. Confirmation can only be made electronically (by email). The general Terms and Conditions will be the base of such Contract topped by the End User License Agreement (EULA) attached to all solutions distributed by the Vendor.
§3. Extension of the Vendor's obligationsInformation presented on the Vendor's web site and/or other commercial material are for informational purposes only and may be modified by the Vendor without previous notice. Also, because of space and the coherence of the structure of information product descriptions may be incomplete, however the Vendor will try to present the most relevant information in order for the product to be used within the purposes it was purchased for.
Communication through the web site can be done by interaction with the web site, posting opinions about products and communication through the addresses posted under the 'Contact' section. Posts that contain curse/vulgar language as well as inadequate posts will be ignored and/or removed from the web site. The Vendor reserves the right to filter information received through the web site without having to give explanation.
§4. Intellectual Property Rights (IPR)The Customer understands the Copyright and will not disclose to third parties any information received from the Vendor and will not make public such information (either on the internet or other media) without a written permission from the Vendor.
Also, the logo is a registered property of Erpos S.R.L and it cannot be overtaken, copied or used except in conformance with the Brandbook.
§5. Confidentiality - PublicityAll information provided by the Customer to the Vendor will remain the property of the Vendor. This information may only be used to fulfil the Contract and may be made public only with the written consent of the Vendor after receiving a confidentiality commitment from the third party receiving such information.
§6. Terms and PenaltiesIn case the terms of delivery and/or the Purchase Order kick-off cannot be observed it is the Vendor's duty to inform the Customer about the estimated term of completion of the delivery within 3 business days.
In case the Customer fails to pay for the products and/or services within the term stated on the invoice issued by the Vendor (or another form of agreement), the Customer is bound to pay a 0.5% penalty per day of the owned amount. In this case the Vendor reserves the right to stop and/or block access to the goods and/or services provided to the Customer.
In case that the Vendor receives (and learns about) erroneous information regarding the invoicing or delivery of the products and/or services a new term for honouring the Purchase Order will be established that will be executed within 7 business days.
§7. Invoices and PaymentsThe price, method of payment and payment due date will be specified on the Purchase Order. The Vendor will issue an invoice to the Customer for the Goods and Services delivered after finalization of the Purchase Order. The Customer will have the obligation to share all information required by the law necessary to issue the invoice.
§8. Risks and ResponsibilitiesThe vendor commits to deliver the goods to the Customer online as well as to provide services in conformance with their characteristics.
The goods delivered are available in a download system. In case of an erroneous download due to the failure of the Vendor the latter will remedy the issue in the shortest time possible.
The vendor will perform the delivery of its goods and will provide services worldwide.
Acceptance will be confirmed when the goods and services conform to the technical characteristics requested in the Purchase Order. The Customer will be in trial period (usually 30 days or expressly specified) before purchasing the product. The Customer can decline the goods at any time within the trial period. After the activation of a license purchased by the Customer a refund is not possible.
§9. WarrantyAll products marketed by Erpos S.R.L come with a warranty in conformance with the law and with the marketing policies of their manufacturers.
§10. Transfer of PropertyProperty of goods and services may not be transferred, and will remain the property of Erpos S.R.L , the Customer is granted the sole right to use the product (unless otherwise stated in a written Contract) at the time of purchase. The Vendor reserves the right to withdraw the Customer's right to use the product if the Customer fails to conform to the attached End User License Agreement (EULA).
§11. LiabilitiesThe Vendor may not be held liable for any damages the Customer or any other third party may encounter as a result of improper use of the delivered goods or as a result of fulfilment of all obligations by the Vendor in conformance with the Purchase Order.
§12. Act of GodNone of the involved parties will be held liable should an extraordinary event such as Act of God prevent one or both parties from fulfilling their obligations under the Contract. An Act of God is an unpredictable and unavoidable event that cannot be controlled by either of the parties.
§13. Applicable Law - JurisdictionThe current Contract yields to Romanian laws. Possible litigations between the Vendor and the Customer will be solved amiably, however if this is not possible then disputes will be solved by the Romanian Courts at the Vendor's headquarter.
§14. Other ProvisionsThe parties under the Contract will be considered independent contractors and none of them have the right or the authority to assume or to create any obligation that may prejudice the other party. The Terms and Conditions of this Contract replace all other (previous) written or verbal agreements between the fore mentioned parties regarding the present Contract and they may be modified by Erpos S.R.L at any time without previous notice.
Last revision: 2025-03-07
