General terms of website use

Dear users, before starting to use this website please read carefully the OPTIVOICE terms of use below.

The www.optivoice.ro website , the  OPTIVOICE services and the purchase of products from the online shop are offered to you subject to your unreserved acceptance of the conditions herein. If you do not accept the terms and conditions set out in this document, please do not use this website and the services offered through it. Further use of the website implies that you agree to abide by this document entitled “General Terms of Website Use”. OPTIVOICE  reserves the right to modify the clauses at any time, at its sole discretion and without any prior notice.

OPTIVOICE, hereinafter referred to as “the company” represents the commercial company S.C. OPTICOM CONSULTING S.R.L, with registered office in Sibiu, Gutuilor Str., no.15, registered at the Trade Register under order number J32/448/2012, with unique registration code RO 30203988, Data Controller registered under no. 10578/28.06.2013 in the Register for the processing of personal data, owner of the website www.optivoice.ro, with the following contact details: phone +40(0)369.811.411, e-mail office@optivoice.ro.

Products and Services
OPTIVOICE offers cloud communications solutions dedicated to the specific needs of each business: telephony and video telephony services, chat and presence as well as other services provided by the company. OPTIVOICE offers for sale through its online shop IP equipment: phones and accessories, audio and video systems, access control systems and others.

User
any person accessing the OPTIVOICE website, for whatever reason.

Customer
user or any other natural or legal person with whom the company has concluded a contract regarding any of the services/products OPTIVOICE or who issues an order to OPTIVOICE through the website www.optivoice.ro.

Personal data
any information relating to an identified or identifiable natural person and referring to his or her identification number or to one or more elements specific to his or her physical, physiological, mental, economic, cultural or social identity.

Processing of personal data
means any operation or set of operations which is performed on personal data by automatic or non-automatic means, such as collection, recording, organizing, storage, adaptation or alteration, retrieval, consultation, use, disclosure to third parties by transmission, dissemination or otherwise, alignment or combination, blocking, erasure or destruction.

Traffic data
any data processed for the purpose of transmitting a communication over an electronic communications network or for the purpose of billing.

Order
an electronic document that intervenes as a form of communication between OPTIVOICE and the Client by which the Client transmits, through the Website, his/her intention to purchase Products and Services from the OPTIVOICE website.

In order to use any of the OPTIVOICE telephony services, the user must have the necessary equipment (computer, VoIP adapter, telephone, mobile phone, etc. ) as well as a  connection to the Internet network by any means and pay all fees associated with these services. The user understands that the use of the Optivoice service requires the following minimum technical conditions of operation:

* Guaranteed minimum 128 kbps Internet connection (no compression)
* Response times < 150ms one way
* Jitter < 30ms
* Loss of packages < 1%

The user understands that he/she has been informed about the optimal conditions of operation of the Optivoice service and agrees that OPTIVOICE shall not be liable for any damage caused as a result of the use of technical conditions other than those mentioned above.

Given that OPTIVOICE has the right to modify at any time the content of the document “General Conditions of Website Use”, users are obliged to periodically check the content of this document. Continued use of the service constitutes an affirmative acceptance of the “General Terms of Website Use” document and the user’s agreement to abide by it.

The information available on the website OPTIVOICE is intended exclusively for personal use and any use for commercial purposes, without the prior written consent of the company, is strictly prohibited.

OPTIVOICE offers its services on an “as available” basis and is exonerated from any responsibility for the deletion, transmission or erroneous storage of this information. In this regard, OPTIVOICE does not offer any guarantee to users regarding the availability of its services or the security of its services.

OPTIVOICE undertakes not to disclose to third parties the information contained in the user’s account, except in cases where the user consents to this, as well as in cases provided for by law or by the contracts concluded by the user with the company.

The user is responsible for maintaining the confidentiality of the user account and password and will report any unauthorized use. The user is entirely responsible for all activities and information that are transmitted from his account, whether they are done with or without his will. The User agrees to notify OPTIVOICE of any violation of the provisions concerning his/her account. The user agrees to use the logout command when the user ends the session. OPTIVOICE shall not be liable for the consequences of the User’s failure to comply with these regulations. In the event of unauthorized access to the account by third parties, for any reason whatsoever, OPTIVOICE assumes no responsibility for the consequences that may arise. Furthermore, OPTIVOICE is exonerated from any liability in case of loss of user account or password confidentiality or for any damage resulting from the user’s failure to comply with the above security measures.

The customer (the consumer in the sense of the applicable consumer protection legislation) understands and agrees by using this website that the provision by OPTIVOICE of electronic communication services purchased online begins after completion of all required registration formalities. The provision of electronic communications services begins with the customer’s consent, before the expiry of the period of 10 working days provided for in art. 7 (paragraph 1) of OG no. 130/2000 on consumer protection in the conclusion and execution of distance contracts.

The User agrees to use the services of OPTIVOICE only for lawful purposes, and agrees not to undertake any of the following activities:

• To publish copyrighted material if he is not the author or does not have permission to publish.
• To carry out fraudulent activities through the service provided by OPTIVOICE, meaning, by way of example, false offers to sell/buy products or services, financial scams, hidden scams, software piracy.
• Modify, distribute, transmit, display, publish, reproduce, license, create derivative works from, transfer or sell any information or services obtained from or through this website.
• Publish sexually explicit images or text, defamatory, obscene or threatening material, material containing explicit physical or verbal violence or other acts of cruelty, material relating to the use, manufacture or sale of weapons or drugs.
• Upload, post or transmit any computer virus material, or any other computer code, which is designed to damage, disrupt or impair the use (or any other use except fair and acceptable use of the services) on any of the computers, networks, materials and programs that are in the service of the company for the provision of the services offered on this website.
• Interfere with or disrupt networks connected to the website or otherwise violate the procedural requirements of the websites
• In any way infringe the intellectual property rights, trademarks or any other rights pertaining to the materials published on the OPTIVOICE website.
• Add or remove personal information about other users for economic purposes or to cause them harm.

The Company has an exclusive right of ownership over the pages found on the website, including the data and information they contain, and these, with all that they include, will not be privately owned as a right of virtual purchase by any third party. No pages of the site may be copied or published in whole or in part and/or used in any way, including commercially, without the prior written consent of OPTIVOICE.

All logos, stylized representations, commercial symbols, and all images on the OPTIVOICE website are the exclusive property of OPTIVOICE and all rights are reserved to OPTIVOICE. As a result, no changes may be made to the website, nor may any part of the website be copied, distributed, published, publicly displayed, multiplied, published or transmitted to third parties without the prior written consent of OPTIVOICE.

OPTIVOICE shall not be liable for any direct, indirect, special or consequential damages resulting from the use or inability to use the service, unauthorized access to, or alteration of transmissions or user data, including but not limited to damages for loss of profits, use, data or other intangible information, even if OPTIVOICE a was made aware of the possibility of such damage.

OPTIVOICE assumes no responsibility in the event that its services cannot be accessed by users for an unlimited period of time for any technical or commercial reason. The User understands that OPTIVOICE is exonerated from any liability in the event that the impossibility of access is due to the quality, availability or functioning of the services of local, national or international Internet or electronic communications providers, regardless of whether the User tries to access OPTIVOICE’s services on the territory of Romania or outside the territory of Romania. OPTIVOICE does not guarantee that any program errors will be corrected or that the service or server it makes available to users is free of viruses or other components that may harm users.

The User agrees to hold harmless and not sue OPTIVOICE both with respect to any claim raised by a third party resulting from the User’s use of the Service or the Company’s network and the Internet and with respect to any (direct, indirect, consequential or otherwise), costs, actions, suits, claims, expenses (including legal expenses) or other liabilities, suffered in any way or caused directly by OPTIVOICE as a result of the user’s breach or disregard of these conditions.

No recommendation or any other oral or written information obtained by the user from OPTIVOICE through the OPTIVOICE services shall create any warranty or obligation that is not expressly stated in the content of the “General Terms of Website Use” document. OPTIVOICE’s liability, if determined by a court of law or arbitral tribunal, arising in any way out of or in connection with the provision of OPTIVOICE’s services under these “General Website Terms of Use” is limited in the case of each event or in the case of any series of events to the amount of EUR 100.

Products in the online shop

Products are offered subject to availability. OPTIVOICE cannot guarantee the availability in stock of all products shown. OPTIVOICE will inform the customer about the unavailability of the product, and the amounts paid by the customer will be refunded as soon as possible, but no later than 30 days, if OPTIVOICE cannot honour the order. The maximum amount of OPTIVOICE’s liability to any customer in the event of non-delivery or improper delivery is the amount of the amounts collected by OPTIVOICE from such customer.

The images are shown on the website as examples and the products delivered may differ from the images in any way (colour, accessories, appearance, etc.).  OPTIVOICE reserves the right to change the technical specifications of the products without prior notice. OPTIVOICE cannot be held liable in any way if the use of the Product purchased through the website has in any way harmed the Client. The customer is obliged in this regard to study the instructions for use of the purchased product and to inform himself if it meets his requirements before placing the order.

OPTIVOICE attaches great importance to the confidentiality of information and will take all necessary steps to achieve this goal. However, OPTIVOICE does not guarantee that the user’s use of the website will be confidential.

OPTIVOICE shall not be liable for any damages that the user or any other person suffers as a result of the confidentiality of the user’s use of this website. Any information that the user discloses on the OPTIVOICE website may not be secure during transmission over the Internet. Third parties have the ability to intercept transmissions that the user makes when using the OPTIVOICE website to the detriment of all security methods provided by OPTIVOICE. Some services that the user accesses on this website allow OPTIVOICE to receive personal information.

OPTIVOICE respects the right to privacy and private life with regard to the processing of personal data of each natural person who visits the company’s website and also respects and complies with the Romanian legislation in force regarding the protection of personal data.

For full information on how OPTIVOICE processes this data, please read the Personal Data Processing Policy.

The company offers the possibility for users to purchase Optivoice services or products from the online shop by traditional payment methods  (i.e. cash or bank transfer).

In case of bank transfer the following data will be used:
Bank ING BANK N-V AMSTERDAM Bucharest Branch
IBAN code RO26INGB0000999903023254

Transilvania Bank
IBAN Code RO32BTRLRONCRT0359671201

Regardless of the currency/currency that the user has in his/her account, transactions are made in lei, at the exchange rate of the user’s bank. The User understands and agrees that payment is deemed to have been made when the payment amount actually reaches the OPTIVOICE account.

If the Customer has opted to pay for the products by bank transfer, he will receive a proforma invoice by email which may include, in addition to the products ordered, shipping costs. Payment in cash can be made in case of collection of the products directly from OPTIVOICE’s premises by the customer or cash on delivery, in case of deliveries where the customer has requested this method of payment. In the case of cash on delivery, in addition to the price of the products, the Customer agrees to bear the shipping costs and the cost of delivery under the cash on delivery system. OPTIVOICE shall inform the Client of the total amount to be paid before the actual delivery of the products.

Any payment made in exchange for the provision of the Optivoice Services cannot be refunded under any circumstances, the user understanding that from the moment of payment, the price is definitively transferred to the OPTIVOICE patrimony.

Delivery of products from the online shop

The delivery of products is done by courier services. The price of delivery services is calculated at the time of placing the order according to the total weight and volume of the ordered products and is communicated to the customer. The refund (payment on delivery) has a separate additional cost. Between the registration of the order and its pick-up by the courier there is an interval of 12 – 24 hours during the week or max. 72 hours on weekends or public holidays.

In case the products are not in stock or in case the indicated delivery time is exceeded, we will inform you about this situation by email or phone, in order to agree on an extension of the delivery time. The absence of a reply from OPTIVOICE or the impossibility of contacting you at the indicated contact details within the specified period will be considered as your tacit acceptance for the extension of the delivery period.

The delivery is considered to be completed when the ordered products are delivered to the address specified by you at the time of placing the Order.

OPTIVOICE cannot be held responsible for the Client’s erroneous entry of the information required for delivery (mobile phone number, delivery address), which may result in delivery delays. In this context, all shipping charges for the re-shipment of the Order will be your responsibility.

If the Customer changes his/her personal data, all pending orders existing at that time retain the data defined/accepted by the Customer before the change. If the order has not yet been sent for delivery, the new dates will be taken into account, modified accordingly.

OPTIVOICE is not responsible for delays that may occur in the actual delivery process, after the parcel has been handed over to the courier company. Also, orders placed on Saturdays and Sundays or public holidays will be processed and confirmed on the first working day.

OPTIVOICE respects the legislation in force regarding the guarantee of the products offered and the conditions of return of products purchased online.

The software that provides access to the itemized invoice is intended for the exclusive use of OPTIVOICE, its agents and distributors and OPTIVOICE customers, registered users of Optivoice services. Any use by unauthorized third parties, by fraudulently bypassing the user authentication service or other security services of any network, server, web server is expressly prohibited and punishable under applicable law.

OPTIVOICE provides the Itemized Invoice Service, under the terms of the OPTIVOICE service contract with the Client.

OPTIVOICE shall not be liable for any damage that may be caused to the Client or to a third party through unauthorized access by third parties to personal data automatically provided by this software, through correct authentication and acceptance of these terms and conditions.

The customer is responsible for maintaining the confidentiality of the password and user account and will report any unauthorized use. OPTIVOICE shall be held harmless for any loss of confidentiality or for any damages resulting from the Client’s failure to comply with these security measures.

a. Forta majora
OPTIVOICE is not liable in case of force majeure for the operation of the services and the fulfilment of contractual obligations.

b. Jurisdiction/Applicable law
The terms and conditions of the website OPTIVOICE are governed and interpreted in accordance with the laws of Romania, and any dispute arising out of or in connection with the above provisions shall be settled amicably, or in case of settlement, by the Commercial Arbitration Court of the Chamber of Commerce and Industry Sibiu. The website OPTIVOICE can be accessed from anywhere in Romania and abroad. OPTIVOICE does not give any assurance as to the extent to which the content of OPTIVOICE is subject to the laws of other countries outside Romania. If the user accesses the OPTIVOICE website, he/she does so at his/her own risk and is solely responsible for compliance with the laws of the territory in which he/she is located.

c. Failure to comply with the provisions
Users shall indemnify OPTIVOICE for any damage caused, including lawyers’ fees – in case of non-compliance/failure to comply with the provisions of this document entitled “General Conditions of Website Use”.