Terms and Conditions

Terms and conditions

as of 13.03.2019

Art. 1. General provisions

1.1. BOBYCLOCK SRL [Romanian company constituted and functioning in accordance the Law 31/1990, headquartered in Bucharest, 6 th district, 94 - 100A1 Bulevardul Ghencea, 12th floor, flat A1129, room 1, registered at the Trade Register with the no. J40/8774/2012, having the sole registration code 22544500 (hereinafter called „Bobyclock”, „Company” or “ Administrator”)].

1.2. The website www.bobyclock.com (hereinafter called „ Website”) is the graphic, online representation of the Company, together with his offer of services and products. The entire content of the online platform is owned by Bobyclock.

1.3. The website has the following functionalities:

1.3.1. Platform for presenting the digital services of the Company.

1.3.2. Online platform interface for the automation of the registration and metering process of the working hours of employees and management of human resources (hereinafter called “Automation service”).

1.4. This document (hereinafter called “Document” or “ Terms and conditions”) sets out the terms and conditions in which the Website can be accessed by the users (“Users ”) and the conditions in which the transactions of any type between the Website and buyers (“Buyers”) will take place. By accessing the Website, it is considered that the user has fully read, understood, accepted and complied to this Document.

1.5. The content of the website refers to each text, image, audio - video element, page layout, coding elements which are found on www.bobyclock.com. Concerning the Website content, the copying, reproduction and use of content for personal interests, without the express, prior and written approval of the Company, is strictly forbidden and punished according to the law.

1.6. If the user does not agree / does not accept these Terms and Conditions, he gives up his right of accessing and using the services and products offered by the Company.

Art. 2. Definitions

2.1. Administrator – The company BOBYCLOCK SRL, owner of the Website and intellectual property rights.

2.2. External collaborators of the Website - individuals or juridical entities who offer services annex to the Administrator to ease the use of the Website by the Users and Buyers. As example, but not being limited to it: payments processors, processors of SMS messages, accounting services, web developers.

2.3. Content - any document from the Website, as well as fragments / parts of these documents, irrespective of their form - including, but without limiting to: text, graphic, sound, image, movie, programs, code.

2.4. Buyer - User of the Website who purchases a monthly subscription to the Automation Service.

2.5. Cracking or hacking - unauthorized passing over the login service of the user or over other security services of any other network, server, web server or user account.

2.6. Payment processor - external collaborator of the company who processes the payments performed by the Buyer.

2.7. Service - supply to the Buyers of the access to the Company platform for registration and automation of employees’ working hours metering and services offered by the External Collaborators of the Website.

2.8. Terms and Conditions for the use of bobyclock.com - approval concluded between any person, either individual or juridical entity, who visits, accesses or who wants to use in any way or uses effectively the services of the Website and Company, as owner and administrator of the Website and supplier of Services. This agreement sets out which are the conditions in which any person can visit or access the website bobyclock.com, or can use in any way the services offered by the Website.

2.9. User - any person who accesses the Website and accepts the Terms and Conditions of the Website. Any User can become Buyer of the Company.

Art. 3. Acceptance of Terms and Conditions

3.1. The access or visit to the Website, of any page thereof and / or Services, as well as any of its components represents a full and unconditioned acceptance of Terms and Conditions, as well as any provisions thereof. The failure to accept this Document or any of its provisions deems that person to cease access to the Website immediately.

Art. 4. Copyright

4.1. The content of the website bobyclock.com is the exclusive ownership of the Company.

4.2. The Company guarantees limited access to the User on the website bobyclock.com, for personal interest - making online orders or obtaining information. The user does not have the right of downloading or modifying partially or fully the website, of reproducing partially or fully the website, of copying, selling / reselling or exploiting the website in any other manner, without the written prior approval of the Company.

4.3. The databases, programs, graphic elements are BOBYCLOCK SRL property, or, if applicable, of the providers of products offered by the website are protected by Law no. 8/1996, concerning the copyright and annex rights, with the subsequent amendments.

Art. 5. Amendments of the terms and conditions

5.1. The Website reserves the right of modifying or updating at any time the Website content, its functioning method, the type of information displayed on Website, as well as the Terms and Conditions, without a prior notification of the User and without the user’s express approval.

5.2. The modifications will be made available to the User by the simple display on the Website (by banner or pop-up) and will be considered accepted by the User if he continues to use the service after its display on the Site.

5.3. It is the User’s duty to visit periodically this Document to verify the Terms and Conditions with which he is obliged to comply.

Art. 6. User’s rights and obligations

6.1. By accessing and using the services and products offered by the Website, the User acts as a person of age, as it results from the legislation of the state in which he has the domicile.

6.2. The User’s obligations:

a) he will not modify, share, copy, send, display, publish, reproduce, grant licenses, create derived products, transfer or sell any type of information or services obtained from or by this Website, only in accordance with the Terms and Conditions, as well as the applicable legislation.

b) will not perform and will not allow the activity of Cracking, Hacking or attacks from the category of “refusal of service” (i.e. interference with the service, referring to any user, network or server). The Users who violate the security of systems or networks can be summoned to court, according to the applicable civil and criminal provisions.

6.3. If the Administrator considers that one User does not comply with the Terms and Conditions or affects or can affect the Website, the Administrator can restrict the User’s access on the Website without any prior notification.

6.4. The restriction can mean:

a) the removal of messages with content that does not comply with the Website Terms and Conditions;

b) the temporary or permanent suspension of the account and of all the information which it contains;

c) the removal of the defined options and banning of access to the Website Services;

d) the permanent blocking of access on the Website.

6.5. The restriction of User’s access can be preceded by warnings, if the Administrator consider appropriate.

6.6. The Company will make efforts that the Website is safe and runs without problems.

6.7. Any complaint concerning the quality and experience had on the Website must be addressed to the Administrator.

Art. 7. Rights and obligations of the Buyer of Automation Services

7.1. The Buyer declares that he is a juridical entity who is registered and works in accordance with the laws of the state of origin, with full legal capacity.

7.2. By the acquisition of the service, the Buyer certifies that he has all the corporate approvals for the conclusion of the contract.

7.3. In order to create the online account, the Buyer must submit a valid email address. The Buyer is fully responsible for keeping their password safe, as well as any information concerning the registration, authentication and update of the data for the online account.

7.4. The Buyer declares that he was informed about the Service provided by the Company, respectively the supply of access to the online platform by creating a private area for registration on the Company server, storing and automation of the process for the outline and managing of working hours performed by the Buyer’s employees.

7.5. The Buyer declares that he is informed that the Company supplies access to a private area on the online platform which will be accessed only by the Buyer based on user and password. Thus, the Buyer is the only person who is liable and will be able to manage the data introduced in the private area, including the users generated by his employees and their rights.

7.6. The Buyer has the right to use the online platform to create individual accounts for his employees. The Buyer has the right to complete all data which he will consider necessary for the good management of his employees.

7.7. The Buyer is the only person responsible to his employees concerning the observance of the legislation regarding personal data protection. In the case of a security breach at the level of the platform, the Company will notify the Competent authority and the Buyer, according to the confidentiality policy.

7.8. The Buyer must pay the price based on monthly subscription, by supplying to the Payment Processor the data of the credit card for the automatic processing and monthly withdrawal of the price.

7.9. The subscription to the Automation Service can be done only on full units of time, equivalent to a calendar month. In the event of cancelling the contract pending a calendar year, the Company will allow the access until the end of pending month.

7.10. The cancellation of payment can be done only on its processing day and the amount will be returned to the Buyer. The Company will decide the suspension of the account functionalities until the payment of subscription.

7.11. In order to issue fiscal invoices, the Buyer must send the Company identification data, respectively: full denomination, full address, origin country, tax identification number, valid intra-community VAT code (if it has headquarters in a member country of the European Union). The Buyer will update the invoicing data anytime necessary.

7.12. The Buyer is informed that intellectual property right and any related rights concerning the Automation Service, belong and remain the property of the Company. By acquisition, the Buyer obtains only the right of accessing and using the Automation Service within the purpose of managing his personal employees.

7.13. The Buyer obliges not to use the data or information obtained following the acquisition of the Automation Service to compete directly with the Company for the duration of 3 years.

Art. 8. Payment method

8.1. In order to process the payments, the Company concludes contracts with Payments Processors, specialized operators which take money from the Buyer on the behalf of the Company and transfers it to the latter.

8.2. The company does not have access and does not store Buyer’s bank data.

8.3. In order to purchase the Services, the Buyer will pay the price by the portal made available by the Payment Processor.

8.4. The Payment Processor will withdraw the amounts necessary to maintain active the Automation Service monthly and automatically.

8.5. Concerning the security obligations, the Company will not be considered liable by the Buyer or any other third party concerning any loss, destruction, modification, forwarding, interception or interruption of any transaction or data flows, including the Buyer’s personal data, which are out of Company control.

8.6. The Company is not liable for the errors or damages caused to the Buyer which are due to the errors of bank systems or differences of exchange rate.

8.7. The Payment Processor has the right to refuse the payment performed by the Beneficiary.

Art. 9. Company rights and obligations

9.1. The Company has the right to restrict access to any person on the Website, both due to objective reasons and subjective reasons.

9.2. The Company is not liable for any discrepancy or error, for any direct or indirect damage caused using Services.

9.3. The Company is not liable for any data or information loss resulted from delays, unsettled requests or request which do not arrive at the addressee, caused by events that are not under the control of the Website / external collaborators or by omission errors from the user.

9.4. The Company, as well as the external collaborators, exclude any suggestion or guarantee that:

a) the service will be continuous or without errors;

b) the eventual defects will be corrected;

c) the service or server which is made available to the users lacks viruses or other components which could affect the users and cannot be responsible of any action which is performed based on the respective information or service.

9.5. Under no circumstance, the Company, as well as the external collaborators, will be responsible for the direct or indirect losses resulted from or related exclusively, in any type, to the use or performance degree of the service, of this website or websites related to it.

9.6. The Company does not guarantee the accuracy and completeness of materials, software products and services from this Website. The Company reserves the right of modifying, at any moment and without prior notice, the materials and services from the Website. The Company is not liable of updating the materials and services from the Website.

9.7. Also, the User assumes his entire liability for keeping the confidentiality on the account name / email address and associated password, as well as for the information which is sent or published on the Internet, using the Website services. The Administrator is not liable for the information published or sent on Internet or by any other communication mean by the Users of this Website and against the eventual consequences occurred in the case of unauthorized accessing of the account / email address by third parties, due to any reasons.

9.8. In any other cases, the Company liability is limited to the price paid by the Buyer for the month when the damages occurred.

Art. 10. Force majeure and Act of God

10.1. The Administrator will not be liable against the Supplier or Beneficiary and he is exempted of any failure in delivering or performing or delays the contract as consequence of some causes outside his control, including, but without limiting to: governmental actions, fires, work interruption, shortage, war, terrorism, civil disorders, logistic problems, electricity, communication interruptions, interruptions of the Internet services provider or damages regarding to the hosting services and delays due to the hardware equipment or software systems providers, the denial of services as consequence of some attacks, malware intrusion, hacking attacks, actions of third parties outside the Administrator’s control, natural disasters, including modifications of the Administrator’s capacity of offering services according to the object and / or price established as consequence of legislative modifications or external or governmental Collaborator’s policies.

Art. 11. Notification

11.1. Without limiting the applicability of art. 5.2., the Buyers can be informed by the Company by sending electronic notifications (pop-ups, texts included in the website, etc.), emails, SMS, direct phone calls for sending messages.

11.2. The communication is opposable if it is performed according to art. 11.1. The notification is supposed to be received in the first working day following the one in which it was delivered.

11.3. The users will be informed in accordance with the Confidentiality policy or by banners and pop-ups.

11.4. The oral notifications are not considered by any of the parties, if they are not confirmed in writing.

Art. 12. Conciliation and litigations

12.1. Any complaint or discount concerning the functioning of the Website must be sent, in writing to the email address according to the Contact Page. The company will investigate the complaint within 30 days from receiving the notice.

12.2. Any conflict between the Users and the Company, parties will settle through amicable negotiation.

12.3. The interpretation and enforcement of Terms and Conditions will be done according to the Romanian law. In case of contradictions between the version in Romanian language and any other language, the version in Romanian language will prevail.

12.4. If the conflict is not settled amicably, Bucharest Courts of Law will be competent, respectively the Local Court of the 1st district of Bucharest or the corresponding superior court.

Art. 13. Personal data protection

13.1. Personal data are protected in accordance with the legislation in force. The confidentiality policy of the Company is available at the section of the Personal data processing policy.

Art. 14. Use and liability

14.1. The company will allow the view and download of materials from the Website exclusively for personal, non-commercial use, with the condition of keeping copies of mention concerning the copyright and other mentions of ownership presented in original.

14.2. The following are forbidden: the modification of materials from this Website, their reproduction, display, run or public share, their use within public or commercial purpose other than those for which the Company was incorporated. It is forbidden to use these materials on other website or in any computerized media related to the network. The materials from this Website are protected. The failure to observe any of these Terms leads automatically to the cancellation of the right to use this Website and the obligation to destroy immediately all the downloaded or printed materials.

14.3. The user assumes the fact that the use of the service made available by the Website will be done only with good faith and in accordance with the legislation in force.

14.4. If the User has doubtfulness or wants more information concerning this document, he can write at the following email address: Contact Page.