The relationship between the legal entities mentioned below in this document, beneficiary and provider respectively, is regulated by Law 365/2002.
The general terms and conditions will apply to all sales of goods or services by S.C. Centric IT S.R.L. and partners present on the website, through the Farm King website, which can be accessed at the addresses http://farm-king.net or https://farm-king.net, and can only be modified with the express written consent of both sides.
Thus, within this contract, the following terms will mean:
Beneficiary – natural person or other legal entity that purchases a package or other existing facilities on the Farm King website.
Supplier – S.C. Centric IT S.R.L., having its registered office on str. Gardenarilor no. 33 Sânnicoara village, Apahida commune, Cluj county, postal code 407042, no. of registration at the Trade Register: J12/290/2010, CIF: RO26548709, or any partner present on the Farm King website any product or service, including the packages and facilities mentioned in the Order, to be provided by the Supplier to the Beneficiary.< /p>
Subscription – the agreement by which the online service packages (software) and online facilities of the Provider are exploited for a fee by the Beneficiary, after the individualization of these packages through the Order, for a fixed period of time a year.
User account – way to access the online service based on an e-mail and a password. The individualization method by which the application makes available to users the data of the individual account or the related channel, based on the functionalities of the chosen subscription. A user account can be individual or within a Channel.
Individual account – is a user account related to the users of the application as natural persons. The account is created as a rule with the communication of the e-mail, the identification of the natural person, respectively with the choice of the Subscription (package of functionalities). The maximum space allocated to an account is 10 Gb and can be supplemented by requesting and paying for additional storage space.
Channel – groups of user accounts for legal entities. Each channel has at least one user account with an administrator role. A channel is created once with the creation of the first user account related to the commercial company or NGO, which has the role of administrator. User account with administrator role can create and delete user accounts. The data related to a Channel can be accessed jointly or shared by the Accounts of that Channel, depending on the permission granted by the Channel administrator. The maximum space allocated to a channel is 10 Gb and can be supplemented by requesting and paying for additional storage space. Each additional user account related to the channel, compared to the user account with the administrator role, requires an additional payment in a fixed, monthly amount.
Order – an electronic document that acts as a form of communication between the Supplier and the Beneficiary through which the Supplier agrees to deliver the packages and facilities and the Beneficiary agrees to receive these packages and facilities and pay the related payment .Order confirmation – the order is not actually confirmed by the Supplier in any explicit way, but is automatically confirmed on the date of payment of the subscription fee or the first installment thereof.
Contract – a Confirmed Order.
Intellectual property rights (hereinafter IPR) - all immaterial rights such as know-how, copyright and rights in nature, database rights, design, design rights, patents, trademarks and domain name registrations for any of the above, software, recipes, etc.
Specifications - all specifications and descriptions of the Goods and Services as specified in the Order or in additional materials made available by the Supplier.
By placing an electronic order on the Farm King website, the Beneficiary agrees to the form of communication through which the Supplier conducts its operations. The order is represented by the selection by the Beneficiary of a package and a payment method, and the acceptance of the order by the Supplier is completed when the amount owed by the Beneficiary is entered into the account of his Supplier, in the case of purchase in monthly installments, with the entry of the amount related to the first installment to the Supplier's account, without requiring a confirmation of receipt from the latter. The Supplier does not at any time consider an unconfirmed or unpaid order as having the value of a Contract. This Agreement enters into force upon the confirmation of the Order by the Supplier, as stated previously, and the package / packages / facilities will become available to the Beneficiary within 48 hours from the date of confirmation.
The Supplier may assign and subcontract to a third party for services related to the fulfillment of the order, with the Beneficiary's information, without his consent being necessary. The Supplier will always be responsible to the Beneficiary for all contractual obligations.
The Beneficiary understands the intellectual property right and will not disclose to a third party or make public on the Internet or the media, any of the information received from the Provider. Also, the name of the site as well as the graphic signs are registered trademarks owned by S.C. Centric IT S.R.L. and may not be retrieved, copied or used without the written consent of the owner. In case of violation of intellectual property rights or disclosure, for any reason and in any environment, of the information received from the Supplier without its consent, the Supplier may claim the payment of the sum of 5,000 euros as a criminal clause - under the terms of a fourth degree commission agreement - sum to which are added compensatory damages representing the loss and unrealized income.
Information of any nature provided by the Beneficiary to the Supplier will remain the property of the Supplier. They can only be used for the performance of the contract and can only be disclosed with the written consent of the Provider and after obtaining a confidentiality commitment from the recipient. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Beneficiary regarding the order without the prior written consent of the Supplier. Customer data cannot be used or provided to other parties. SC Centric IT S.R.L. will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard. According to the legal conditions regarding the protection of personal data, the Provider will not disclose any information about the Beneficiary without authorization. Based on the express and unequivocal consent and only within the limits of the legislation in force, in order to respond to the Beneficiary's requests by offering new products or services, it is possible to provide such information to third parties (eg: marketing service providers, other providers of services; state, government agencies or insurance associations, when specific legislation provides for this; other companies with whom we may develop joint programs to market our products or services). in the case of products marketed by partners, the Beneficiary can express his consent for the processing of his personal data to be used for marketing and telemarketing purposes. This statement is not mandatory for the conclusion of the insurance contract.
The Provider has the obligation not to disclose and to protect all data of a fiscal, financial, technical and administrative nature regarding the Beneficiary's business, to the extent that the latter operates with this data within the account opened on a subscription basis on the website - the Farm King.
a. If the delivery deadlines for the packages and facilities purchased by the Beneficiary cannot be met, the Supplier is obliged to notify the Beneficiary of the estimated deadline. The Beneficiary will have the right to unilaterally denounce, under the law, the Confirmed Order, and request the refund of the amount paid if, within 14 days from the receipt of payment by the Supplier, the Beneficiary could not benefit from the packages / facilities ordered for reasons related to the Supplier's obligations.
b. The first 14 days of Subscription are offered free of charge by the Provider for any newly established User Account or Individual Account. At the end of the 14 days, the Beneficiary has the option to unilaterally terminate the Subscription, without reason and without payment of any compensation. c. The parties, by mutual agreement, may extend or postpone the term from which the Beneficiary will start to benefit from the ordered packages and facilities. The beneficiary will request a possible postponement or a later date to start benefiting from the ordered products or services only through a written request on a durable medium, according to art. 7 para. 3 of GEO 34/2014. d. In the event that the Beneficiary chooses to pay the subscription in installments, the Provider may interrupt the provision of packages / facilities to the Beneficiary at any time if the latter becomes overdue for payment for any reason. During the period of non-payment, the Supplier is entitled to claim and receive late payment penalties of 0.5% per day for the unpaid amount, calculated until the full payment of the amount owed. Given that the duration of the subscription is fixed, for one year, the Beneficiary is obliged to pay the full value of the contract, regardless of the payment method chosen.e. The subscription is concluded for a fixed period of one year, regardless of the payment method (in installments or the entire amount in advance). 25 days before the end of the contractual period, the Supplier is obliged to notify the Beneficiary by e-mail regarding the termination of the contractual period. The Beneficiary has the obligation to confirm the extension of the subscription at least 5 days before the expiry of the contractual period, or, in the situation where the type of subscription used is no longer available or the Beneficiary wants a new type of subscription, he has the obligation to choose another type of subscription to avoid account blocking for non-payment. Both the extension of the subscription and the choice of another type of subscription are made for another fixed period of one year.
f. The beneficiary can request, within the contractual period, to change the type of subscription for fixed monthly periods (whole months of 30-31 days) regardless of the type of subscription chosen. For example, if two months of the subscription have passed, the Beneficiary can opt for the remaining 10 months to migrate to another type of subscription, under the payment terms of the new chosen subscription, regardless of whether the new chosen subscription is more expensive or cheaper.The price, payment method and payment term are specified on the Farm King website under the specific heading for each individual subscription or sent to the Beneficiary through a form of communication. The Supplier will communicate to the Beneficiary, upon request, an invoice for the delivered services, the Beneficiary's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force. In the absence of an express request from the Beneficiary to request a printed invoice, the invoice will be communicated in electronic format, by e-mail.
Payment will be made by the Beneficiary to the Supplier's account according to the specifications of each subscription (facilities package), in lei.
The subscription price changes according to objective criteria, such as the number of the Beneficiary's animals entered for operation, the number of sub-accounts opened by the user of a Channel, the space (amount of Gb) allocated to the Beneficiary. The provider may develop further facilities which may be charged separately.
The payment methods are: advance payment of the contract, respectively payment in 12 (twelve) fixed monthly installments. In the case of fixed monthly installments, the payment will be made once every 30 or 31 days, as far as possible on the same day of the month in which the first installment payment was made. The supplier may grant discounts for prepayment of the full contract price and promotions, according to its commercial policy.
Payment will be made by bank transfer to the Supplier's accounts or through an online payment method made available to the Beneficiary by the Supplier on the Farm King website.
a. It is the Supplier's responsibility to put the server hosting the Farm King website back into operation as soon as possible after possible failures, to prevent the lack of electricity, the damage to its own equipment that prevents the provision of products or services, to ensure the best possible protection for the website Farm King against acts of computer piracy.
b. The provider is not guilty in any situation for the non-functioning of the website for reasons beyond its control, provided that it has ensured all the conditions required of a professional, even if the respective reasons are not limited to force majeure and fortuitous circumstances.All products and services sold by the Farm-King website benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the Supplier. The products and services are the property of the Provider, created or purchased by it.
The Beneficiary will immediately alert the Supplier regarding the non-functioning or improper functioning of any of the products or services from which the former benefits, and the Supplier has the obligation to remedy within 3 working days at the most if it finds that there is indeed a defect in the product or the service.
The Beneficiary's notices must be communicated immediately to the Supplier, the latter not owing anything to the Beneficiary if the Beneficiary notified the Supplier only after a period of time has elapsed.
the supplier is not responsible for the Beneficiary's use of the product or service that does not comply with the specifications.
The products and services (packages, facilities) that are the subject of the Contract remain the property of the Supplier, the Beneficiary having the right to use the ordered packages only during the period in which he regularly pays the subscription.
The Beneficiary will be materially or criminally liable for any improper use of the ordered product or service, use that causes or may cause damage of any kind to the Supplier. Any use by the Beneficiary or by third parties of the products or services in violation of the Contract or the laws in force leads to the referral to the competent court by the Supplier.
The Supplier cannot be responsible for damages of any kind that the Beneficiary or any third party may suffer as a result of the Supplier fulfilling any of its obligations under the Order and for damages resulting from the unprofessional use of the products or services ordered or for non-use, for any reason, of the products or services (subscription) by the Beneficiary. The supplier will be liable if its sub-contractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
In the event that the Supplier does not fulfill the obligation to ensure the use of the products and services related to the subscription according to the legal norms in force and according to this contract, in proportion to at least 90% of the entire duration of the contract, the Beneficiary can request the return of the related amount the time in which he did not benefit, through the fault of the Supplier, from the products or services ordered, through a simple written notification.
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
This contract is subject to Romanian law. Any disputes will be settled amicably or, if this is not possible, the disputes will be settled by the competent courts at the Supplier's headquarters.
The parties to the contract shall be deemed to be independent contractors and neither party shall have the right or authority to assume or create any obligation on account of or to the detriment of the other.
The terms and conditions of this contract supersede any prior written or oral understandings between the said Parties relating to the subject matter of this Contract and may not be modified or changed except by written agreement signed by both parties.
The Provider may change the Legal Terms at any time, but a Subscription once concluded will operate under the Legal Terms from its conclusion. However, upon renewal of the Subscription, the new Legal Terms will automatically enter into force.
