Lewenet - Negrini Security

Negrini Security Srl Terms of Service

Last Modified: 01/06/2019

If you are accessing Negrini Security Srl indirectly, through a reseller who directly accesses Negrini Security Srl’s Infrastructure, Platforms & Services, then these Terms of Service are not applicable to you. You should contact Negrini Security Srl’s Reseller directly and ask for the relevant Terms of Service from them. Negrini Security Srl is not responsible for any Terms of Service offered by their Resellers.

Negrini Security Srl Service Agreement
This Negrini Security Srl Service Agreement (from now on, “Agreement”) is made and entered into effect between Negrini Security Srl and the other party (from now on, “Customer”) agreeing to all parts of this document. (Negrini Security Srl means Negrini Security Srl Ltd, Company Number: RO 37063881. With registered offices at : Haieu, str. Cartierul Tineretului 364 a, Bihor, Romania) This Agreement becomes effective the date the Customer agrees to buy any Negrini Security Srl’s Service, either a Service from Negrini Security Srl’s web-page www.lewenet.com, or a customized Service, which has been offered to them through a Negrini Security Srl proposal. By agreeing to a Negrini Security Srl Service, the Customer states that has read and understood all terms presented, and has legal authority to commit to all of them for the specific period of time this Agreement is effective. If you do not understand any of those terms, you should not buy a Service until you ask for clarifications directly from Negrini Security Srl. A hard-copy of this Agreement can be sent to the Customer, by sending a relevant request to hello@negrinisecurity.com.

During the duration of this Agreement, the Customer is allowed to use the offered Services as they are, integrate the Services into Applications, and/or use any Software that is being offered as part of the Service, or any Software that they have legally acquired from another provider. In any case, any Software used on Services, Applications or Projects, run on Negrini Security Srl’s infrastructure, shall follow the terms and conditions foreseen in the relevant license agreement issued by the relevant Associate.

By no means, the Customer is allowed to sublease and/or transfer any rights, unless it is foreseen under the relevant section of this Agreement. The Customer will be able to access and administer the Services offered by this Agreement through a customer-centric Admin Console.
Negrini Security Srl has implemented at least industry standard security systems and confidentiality procedures to: (a) ensure, (b) protect against anticipated threats or hazards to the security and integrity, (c) protect against unauthorized access to, or use of, a Customer’s Application, Project and Data. In any case, Negrini Security Srl is able to offer, upon Customer’s request, an enhanced security proposal, tailor-made to customer’s needs, in case the Customer deems it necessary.
Negrini Security Srl shall only change Security & Customer’s Data Processing Terms, when such a change is required, in order to comply to any Law, Regulation, Direction, Court Order, Decision, Ruling or Guidance issued by a relevant Governmental Body. In any case, such a change shall be commercially meaningful, shall not impose any negative material impact on Customer’s rights, and shall not degrade overall Service’s security. In case such a change occurs, it shall be immediately depicted as a modification to this Agreement in the relevant URL.
Only on specific Negrini Security Srl Service & Support packages, a Customer may be eligible to select where certain Customer Data will be stored from the available locations where Negrini Security Srl maintains its facilities, and Negrini Security Srl will store it there accordingly. Otherwise, Customer Data will be stored in only one location, even if these are replicated for redundancy purposes. In case a Customer needs to keep the data in different locations for disaster recovery purposes, it needs to be explicitly stated and asked from Negrini Security Srl, and Negrini Security Srl shall propose a different Service and/or Support package to the Customer, in order to meet the request.

Negrini Security Srl may be able to occasionally add new tools, functionalities, features, applications and/or services, to Services, without any prior notification to the Customer. The above, plus any additional modification to any Service shall be considered an update, which might occasionally occur, driven only by Negrini Security Srl’s effort to enhance service quality, customer experience and satisfaction. In any case, all these new additions and updates shall be fully documented and available to the Customer, upon request.

Negrini Security Srl has the right to occasionally modify any terms set in this Agreement. Unless otherwise stated, such modifications to the Agreement shall become effective 30 days after their publication to Negrini Security Srl’s relevant URL. Any functionality-related modifications shall become effective immediately. In case a Customer does not agree to the revised Agreement, they should stop using Negrini Security Srl’s Services immediately and officially inform Negrini Security Srl accordingly. Any modifications to this Agreement will be depicted in a revised Agreement, posted in the relevant URL.

Negrini Security Srl’s Services are offered on a monthly-basis period, with different minimum duration, depending on the requested Service. For example, off-the-shelf Services under Dedicated Servers or Private Clouds section, have a minimum duration of one (1) month. Services under Infrastructure Services or Services that are offered through a Negrini Security Srl proposal as a customized solution, have a minimum duration of twelve (12) months. For more detailed information please visit Negrini Security Srl’s web-site. The Billing Cycle of the Service can variate by product or terms taken with the customer. Depending on the selected Service, a Customer might need to pay in advance a Fee corresponding to more than one Billing Cycle (i.e.quarterly). This is applicable to Infrastructure Services or Services that are offered as a customized solution to the Customer. The Customer shall pay the applicable Fee, in order to be able to use the Services. The Fee is communicated to the Customer by issuing an electronic bill, which includes all charges relevant to the Service. It shall then be paid by the Customer, at the latest on the due date stated in the bill. Negrini Security Srl has no obligation to provide multiple bills to a Customer, by fragmenting the total cost. Some Negrini Security Srl services are offered to a Customer with a specific free-of-charge threshold, over which the service is charged extra, according to the price-lists available on the Negrini Security Srl web-site. To this extent, in case a Customer exceeds this threshold, any charges corresponding to over-the threshold usage of a Service shall be charged on the Customer’s next Billing Cycle. In case a Customer ordered any additional Services during a Billing Cycle, all relevant charges will appear on the Customer’s next electronic bill. The Customer is responsible for all charges in accordance to the payment terms applicable to the Fees. Negrini Security Srl’s measurement systems & mechanisms are 100% accurate and all Customer’s usage measurements are considered final.

For Services offered on a monthly-basis period, a Customer has the right to cancel them at any time. However, even though no refund is offered in any kind of form (service credit, money, etc) for the unused remaining time, the Customer maintains their right to use these Services for the remaining paid period, after which, the Service is terminated. The only exception that applies, and a Customer is entitled to a refund in the form of money-back, is when the request is formally placed within the first 15 days of the first month of Service activation. In such a case, the money is refunded in full and the Service is terminated immediately. No refund is offered for domain name. ( No refund in any kind of form (money-back, credit, etc) is offered to Customers who activated such Services and did not use them. Customers of such Services are eligible for Service Upgrade at any time. Service Downgrade is also allowed at the end of each paid Billing Cycle. For Services offered through a proposal as a customized solution, and have a minimum duration of twelve (12) months, no refund is offered in any kind of form, unless it is explicitly stated in the proposal and/or signed contract. Service Upgrade/Downgrade for such cases is also subject to Proposal/Contract terms.

In the event of a Chargeback request from any of our associated financial institutions for unauthorized charge, Negrini Security Srl shall suspend the relevant account and contact the Customer associated with this unauthorized charge immediately for clarification and further documentation validation. If the Customer does not provide valid explanations and/or such documentation within 24 hours of Negrini Security Srl’s request, or the provided documentation which is directly forwarded to the relevant financial institution is rejected, Negrini Security Srl shall terminate the Service immediately and shall return the associated charged amount to the Chargeback initiator. Negrini Security Srl does not store credit card details nor shares customer details with any 3rd parties.

The Customer is responsable for the payment of any Taxes that are associated with the Services. Negrini Security Srl shall invoice the Customer with all relevant Taxes, unless the Customer provides in advance an official tax exemption certificate by the relevant tax authority, before Negrini Security Srl issues a bill. In some cases, sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If a Customer is required by law to withhold any Taxes from its payments, an official tax receipt or other appropriate official documentation to support such withholding. In any case, Negrini Security Srl shall evaluate and approve such documentation, before agreeing on a tax exemption, or tax collection request. A Customer is obliged to proceed to an official claim related to any disputed Fees within a time period of 30 days from the moment the Bill has been issued. If this 30-day period elapses, the Customer waives all relevant claims. Any Refund is at Negrini Security Srl’s discretion and can be only offered in the form of Service credit for a future billing cycle.

In case a Customer does not pay their bill by the stated due date, Negrini Security Srl considers this payment as late/overdue. In such a case, Negrini Security Srl reserves the right to suspend the Customer’s Account, for any late payments. In such a case, Negrini Security Srl is entitled to claim an activation fee which equals to an additional 10% of the total overdue bill, in order to re-activate a suspended Customer Account. Furthermore, Negrini Security Srl reserves the right to terminate a Customer’s Account, in case a Customer with a suspended Account does not pay the total overdue payments within 10 days of the Customer’s Account suspension. Termination of a Customer’s Account means that the Customer loses all the Customer Data associated with this Account, even if they agree to pay and reactivate their Account.
The Customer is the sole responsible for their Applications, Projects, and Customer Data and for making sure these comply to any applicable law (such as, Security, Privacy, Data Protection, Copyright infringement, etc). The Customer is also responsible to ensure that all their End Users are also compliant to all the Terms of this Agreement.

The Customer commits that they will do whatever is necessary, either themselves, or through third-parties:

Not to copy, modify, reverse-engineer, decompile translate, disassemble and/or extract partly or in full the source code of any of the offered Negrini Security Srl Services.

Not to use Negrini Security Srl’s Services for High Risk Activities. (Services for High Risk Activities can be offered by Negrini Security Srl under the scope of a different Agreement).

Not to involve Negrini Security Srl Services, Platforms and Infrastructure in any illegal operation, or in any operations leading to illegal actions.

Not to use Services for any unlawful, invasive, infringing, defamatory or fraudulent purpose (including but not limited to phishing, creating a pyramid scheme or mirroring a website etc).

Not to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.

Not to disable, degrade, interfere with or circumvent any aspect of the Services. Especially, for Negrini Security Srl PaaS offerings in our shared infrastructure, mining, or any actions similar or related to mining are significantly affecting and degrading service offering and are considered as abuse action.

Not to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising campaigns or other solicitations (“spam”).

Not to use the Services, or any interfaces provided with the Services, to access any other Negrini Security Srl product or service in a manner that violates the terms of this Agreement.

Nevertheless, Negrini Security Srl can commit in serving Customers for High Risk Activities, provided that a customized solution, based on Customer’s specific business requirements is submitted by Negrini Security Srl and the Customer accepts it. In any case, any Services for High Risk Activities is under the scope of a customized solution & offer, in which different terms will be agreed, over and above the terms of this Agreement.
Any actions, leading to any of the above-mentioned events, shall be communicated to Negrini Security Srl, by sending all relevant information to hello@negrinisecurity.com. Negrini Security Srl will take all necessary actions to terminate any non-compliances to this Agreement. In case a Customer becomes aware that an Application and/or a Project violates any of the above, they shall immediately stop the cause of the violation, by suspending the operation of any of those Applications and/or Projects and/or removing the relevant Customer Data. In case Negrini Security Srl becomes aware of this, they might request from the Customer to do so too. If no action is taken within 24 hours (specifically for Spam violations, this time period is 4 hours, instead of 24 hours), Negrini Security Srl shall disable the relevant Project and/or Application and/or disable the relevant Account, until such violation is corrected by the Customer. In case a Customer violates any of the above for a second time, without the intention to comply to the terms of this Agreement, it is at Negrini Security Srl’s discretion to decide whether to reactivate the Customer’s Service, and/or Application, and/or Project, or proceed to the termination of the Agreement for Breach.
Negrini Security Srl cannot determine whether something is being used or distributed legally in terms of Intellectual Property Rights legislation and cannot be held responsible for their Customer actions. Negrini Security Srl shall respond to any notices of alleged copyright infringement and has the power to suspend and/or terminate any Customer’s Account in case of Intellectual Property Rights Infringement.

Negrini Security Srl has the right to suspend an Application, Project and/or Account, in case of an Emergency Security Issue. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or resolve the Emergency Security Issue. If Negrini Security Srl suspends an Application, Project, or the Account, for any reason, without prior notice to Customer, at Customer’s request, Negrini Security Srl will provide Customer the reason for the suspension as soon as this is reasonably possible.

Negrini Security Srl shall provide Documentation related to the Services offered, for Customer use. In the Documentation, restrictions may apply on how Applications shall be developed, or how the Services may be used by the Customer. All these restrictions must be followed and respected by the Customer.

Negrini Security Srl shall not use Customer Data, except to the extent necessary, in order to provide the Services offered to the Customer. Any Customer Feedback related to Negrini Security Srl Service, shall be used by Negrini Security Srl without any other obligation to the Customer, who assigns to Negrini Security Srl all rights in that Feedback.

A Customer owns all Intellectual Property Rights related to their Customer Data, and (if applicable), to the Projects and Applications. Intellectual Property Rights in the Services and Software offered to Customers by Negrini Security Srl might be owned either by Negrini Security Srl or a third-party, or by a Negrini Security Srl Associate or Affiliate.
Both parties will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to be aware of it and have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Both Parties will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while taking all reasonable actions to keep it confidential. To this extent, any provision to the contrary of this Agreement, both parties may also disclose Confidential Information to the extent required by applicable Legal Process; provided that they use commercially reasonable efforts to: (a) promptly notify the other party of such disclosure, before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Based on the above, (a) and (b) will not apply if the other party determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
Customer is responsible for technical support of its Applications and/or Projects and/or Customer Data. Customer has Technical Support for their Service, through the basic Support Package included in their service, namely Essential Support. This Support package is offered with no additional charge. All other additional Technical Support Packages (from now on Support) are subject to additional recurring monthly Fees. A number of these Support packages include a minimum fixed recurring fee, plus a variable recurring fee, depending on the Customer’s Service(s). The Customer might choose to upgrade their Support package, by choosing any of them, as long as the chosen one is eligible for their Service. Depending on the Support package, there are different support levels, response and engagement times. Sys-Admin Support fair-use policy also applies to some Support packages, which is only foreseen as a means of protection against customer abuse and not as a means of customer support refusal. In case a customer systematically exceeds the monthly SysAdmin fair-Use Policy, then Negrini Security Srl has the right to make use of this policy. Support package features, response time and fees are depicted in the relevant Support URL.

This Agreement will begin on the agreed Effective Date and will continue to be valid until it is terminated. This Agreement can be terminated for the following reasons:

Termination for breach: Either party may terminate this Agreement for reasons of breach, as follows: (a) the other party is in material breach of the Agreement and fails to cure that breach within ten (10) days after receipt of written notice; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within fifteen (15) days; or (c) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Negrini Security Srl may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the above conditions.
Termination for Convenience. Customer may stop using the Services. Customer may terminate this Agreement for its convenience upon prior written notice, and upon termination they must cease use of the applicable Services. Negrini Security Srl may also terminate this Agreement for its convenience at any time without liability to Customer.
Effect of Termination. If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Negrini Security Srl are immediately due upon receipt of the final electronic bill. On the final electronic bill, all current and future outstanding Billing Cycles will be charged, in order for the Customer to comply to the minimum duration corresponding to their Service; (c) Customer will delete the Software, any Application, Project, and any Customer Data; and (d) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.

Customer who wants to publicly state that is using Negrini Security Srl’s Services must obtain written permission from Negrini Security Srl, by sending in writting the relevant request. Negrini Security Srl may include Customer’s name or Brand Features in a list of Negrini Security Srl customers, online or in promotional materials. Negrini Security Srl may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) they will comply with all laws and regulations applicable to its provision, or use, of the Services accordingly.

Negrini Security Srl only agrees to comply and commit to the terms stated and mutually agreed with the Customer in this Agreement. Negrini Security Srl shall not be liable under this Agreement for lost revenues or indirect special, incidental, consequential, exemplary, or punitive damages, even if the other party knew that such damages were possible and even if direct damages do not satisfy a remedy. For any other terms and/or conditions not foreseen in this Agreement, Negrini Security Srl cannot be accused and/or be held responsible. In any case, to the maximum extent permitted by applicable law, neither party, nor Negrini Security Srl’s suppliers may be held liable under this Agreement for more than the amount paid by the Customer to Negrini Security Srl under this Agreement during a period of twelve (12) months, prior to the event giving rise to liability. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer’s payment obligations.
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control (Force Majeure). If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, does not influence the rest of the Agreement which will continue to remain in effect.

This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter (Terms of Service). In entering into this Agreement, neither party has relied on, nor will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. After the Effective Date, Negrini Security Srl may provide an updated URL in place of any URL in this Agreement. If there is a conflict in the terms between different documents mutually agreed by the parties, the documents will have control in the following order: any customized service offering proposal submitted by Negrini Security Srl to the Customer, which has been accepted partially or in full by the Customer and has been implemented partially or in full by Negrini Security Srl, the Agreement, the terms at any Negrini Security Srl URL.

This Agreement is also applicable to any Negrini Security Srl Associate to the extent that some or all relevant terms apply to the nature of business relationship between Negrini Security Srl & Associate. Any potential collaborator becomes an Associate of Negrini Security Srl, then “a-priori” is bound by this Agreement. which is in effect.

Negrini Security Srl’s Privacy Policy (available at https://negrinisecurity.com/privacy/), as from time to time in force, is hereby incorporated herein and forms an integral part hereof. In case of conflict between any of the terms of this document and of the Privacy Policy, the applicable provision of the Privacy Policy will prevail.

Definitions:

“Account”, means Customer’s Negrini Security Srl Platform account.
“Admin Console”, means the online console(s) and/or tool(s) provided by Negrini Security Srl to Customer for administering the Services.
“Affiliate”, means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
“Application(s)”, means any web or other application Customer creates using the Services, including any source code written by Customer to be used with the Services.
“Associate”, means an entity with whom Negrini Security Srl has any kind of commercial agreement, including, but not limited to vendors, software providers, internet providers, data centers, etc.
“Brand Features”, means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
“Confidential Information”, means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Subject to the preceding sentence, Customer Data is considered Customer’s Confidential Information.
“Control”, means control of greater than fifty percent (50%) of the voting rights or equity interests of a party.
“Customer Data”, means content provided to Negrini Security Srl by Customer (or at its direction) via the Services under the Account.
“Customer End Users”, means the individuals Customer permits to use the Application.
“Documentation”, means the Negrini Security Srl documentation (as may be updated from time to time) in the form generally made available to its customers for use with the Services.
“Emergency Security Issue”, means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the Agreements Terms, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) Negrini Security Srl network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
“Feedback”, means feedback or suggestions about the Services provided to Negrini Security Srl by Customer.
“Fees” or “Fee”, means the applicable fees for each Service and any applicable Taxes.
“High Risk Activities”, include among others uses such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage.
“Intellectual Property Rights”, means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, as well as other similar rights.
“Legal Process”, means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
“Project”, means a grouping of computing, storage, etc resources for Customer, and via which Customer may use the Services.
“Proven Downtime”, indicates a Service which was technically proven that was not available to the Customer and this was because of Negrini Security Srl’s responsibility . If a Service is not available with the Customer’s responsibility, this cannot be considered as Proven Downtime (for example, if a Customer’s Application is not available, but the server, which is offered as Negrini Security Srl’s Service to the Customer is reachable, then this is not considered Proven Downtime).
“Services”, describes the services offered by Negrini Security Srl, indicating either Cloud Dedicated Servers, Cloud Servers, Private Clouds, Private Infrastructure Servers, or services such as security add-on services, support services, back-up services, developer support services, etc.
“SLA”, means the Service Level Agreement.
“Software”, means any downloadable tools, software development kits or other such proprietary computer software provided by Negrini Security Srl or any other Associate in connection with the Services, which may be downloaded by Customer, and any relevant updates offered from time to time.
“Support”, indicates any technical support package, offered by Negrini Security Srl to their Customers, in order to support their operations. There are different Support packages available to Customers, depending on their Service and business needs. The more complete Support package, the higher the Fee is charged on a monthly basis.
“Taxes”, means any duties, customs fees, or taxes (other than Negrini Security Srl’s income tax) associated with the purchase of the Services, including any related penalties or interest.
“Term”, has the meaning set in this Agreement.

Terms of Service specifically for Bare Metal Services These terms are applicable specifically for our Bare Metal Servers. If there is a term from the Generic Terms and Conditions which is in conflict with the terms presented under this paragraph, the term presented under this paragraph is the valid and applicable one.

The Initial Duration starts on the day that the Service is activated and has a monthly billing cycle. At the end of the Initial Duration, the Service is automatically renewed for successive periods of the same duration (“Renewal Period(s)”), subject to modification of the renewal duration or cancellation under the conditions herein or the applicable Terms of Service. During the ordering process, and every time the Service is to be renewed, an invoice is issued and needs to be paid by the Customer. If the Service concerned is not paid, it will be automatically cancelled and deleted at the end of the Initial Duration (“Expiry Date”), including all the content and data hosted by the Customer on the Service. Before the Service’s cancellation, the Customer commits to taking every necessary measure to make sure that such content and data have been saved. Nevertheless, the Customer maintains the ability to renew such a Service up to 24 hours before the Expiry Date by paying in advance for the forthcoming Renewal Period. The Duration, renewal conditions and cancellation of some options and features attached to the Service,may be different from the ones applicable to the Service. The Customer commits to paying particular attention to these conditions.

The Customer acknowledges that they have checked the suitability of the Service to their needs and that they have received from Negrini Security Srl all the information and advice needed to enter into this agreement knowledgeably and willingly. The purpose of this Agreement is to define the legal, technical and financial conditions of Negrini Security Srl’s agreement with the Customer.

Considering that this is not a Service based on High-Availability Architecture, no 100% Service Uptime SLA shall be offered to the Customer, so the relevant term is not applicable to the Customer.

The associated SLA is the following:
Network
Availability (SLA): 99.95%
Level 1 diagnostic (i.e. server unavailable)

There is no refund applicable to this Service, in case the Customer decides that they do not want it after this has been ordered and delivered to them. The Customer does not have the right to ask for a refund for this Service, they can only ask for its cancellation and this will be canceled, when the Initial Duration, or any consecutive renewal is over. Even if the Customer asks for Service cancellation, they have the option to use it for as long as the this is active.

The Customer hereby agrees to inform Negrini Security Srl within 24 hours, of any lost passwords. Whenever contacting Negrini Security Srl, the Customer agrees to clearly describe their request in compliance with the terms of Service. When suspicious activity (including but not limited to Spam, violation of copyright, Attack, Phishing, illegal content, DoS PortScan) is detected by Negrini Security Srl or reported by a third party, Negrini Security Srl shall contact the Customer by email (and optionally attach a copy of the complaint received). It is expected that the Customer respond to the notification within the time limit depicted in the Terms of Service and provide their comments and intentions. Failure to respond could result in the suspension / termination of Service, as described under the Terms of Service.

In the event of Service malfunction, it is the Customer’s responsibility to report this to Negrini Security Srl, unless Customer has a Support Plan with an SLA that states otherwise. To this end, the Customer explicitly authorizes Negrini Security Srl and its staff to connect to the Customer’s Service and to perform any operation required to identify the cause of the problem, with respect to both the hardware and the software. Negrini Security Srl reserves the right to reject any intervention in this regard if they notice during their research work that the Customer uses the Service in breach of the Terms of Service.

Negrini Security Srl Reseller and Affiliate Partner Program – Terms and Conditions
1. Parties to this Agreement
1.1 “Negrini Security Srl”. Negrini Security Srl LTD, is a privately held company, operating under Romanian law, having its registered office in Haieu, str.cartierul Tineretului nr.364A 1.2 “You”, “Your”, refers to each and every Reseller and/or Affiliate of the Negrini Security Srl Reseller and Affiliate Partner Program. Participation in the program constitutes full and complete acceptance of the Terms and Conditions set forth herein, as well as the associated Terms of Service.
2. Negrini Security Srl Responsibilities
2.1 Coded URL. Negrini Security Srl shall provide you with a URL coded in a way to specifically identify you and sales attributed to this URL. This shall allow you to create a link to Negrini Security Srl web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
2.2 Tracking. Negrini Security Srl agrees to track the customers visiting and purchasing services from Negrini Security Srl via the link provided to you for that purpose. You shall be eligible for a commission for each such purchase made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this agreement and based upon section 4.2 of this agreement.
3. Ownership and Licenses
3.1 Property Ownership. Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
3.2 License. Negrini Security Srl grants you as a Reseller and/or Affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Negrini Security Srl logos, trademarks and service marks (“Marks”) on your site and only your site for the sole purpose of facilitating a link between your site and Negrini Security Srl to accomplish the purpose and intent of this agreement. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.
3.3 Limitation. Any license granted under this section 5 shall not include any right to use the Marks in any third-party advertising without the express written consent of Negrini Security Srl with reference to this paragraph. Any use of the Marks contrary to the intent of this paragraph shall cause all sales generated under your Reseller & Affiliate account to become ineligible for commission. Without limitation and by way of example only third party advertising would include the purchase of Marks as keywords from any pay-per-click campaign service such as Google™.
3.4 Cease use upon demand. You agree to immediately cease the use of any mark upon request made by Negrini Security Srl to the email address provided by you and maintained on file for you by Negrini Security Srl. You agree to immediately cease the use of any link created by you to Negrini Security Srl upon request by Negrini Security Srl to the email address provided by you and maintained on file for you by Negrini Security Srl.
4. Termination
4.1 Effect upon Commission. Either party shall terminate this agreement at any time upon a 7-day notice in writing to the other party. Other than any termination under paragraph 6.2 herein, any commission which has become a Qualified Commission as of the date of such termination shall be paid post termination. Any commission which is not a Qualified Commission as of the date of notice of termination shall not thereafter become a Qualified Commission and your Reseller and Affiliate account (and any remaining earnings not qualified under these terms) shall be deleted immediately. You shall not be eligible for any claims associated to sales you have brought to Negrini Security Srl, other than commissions which have become Qualified Commissions as of the date of such termination.
4.2 Breach of this agreement. The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of Negrini Security Srl termination of this agreement in its entirety.
4.2.1 Suspension. Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension, if not cured within a reasonable time as determined by Negrini Security Srl, shall become a termination under 6.2 as of the date of the initial suspension.
4.3 Survival. Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Paragraph 3.6, section 6 (Termination), Paragraphs 8.1 through 8.14 (inclusive) and 7.16 – 7.19 shall survive such termination and remain in full force and effect.
5. General

5.1 Authority. Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the person assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
5.2 Non-Infringement. You agree that in the course of any performance under this agreement or otherwise, with respect to any dealings between you and Negrini Security Srl, that you shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
5.3 Violation of Law. You agree that you shall not use our products/services for any illegal or unauthorized purpose nor shall you, in the use of the service, violate any laws, ordinances, regulations or standards, in your jurisdiction (including but not limited to copyright laws).
5.4 Terms of Service. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, to be bound by the general Negrini Security Srl Terms of Service which are incorporated herein as though set forth at length herein.
5.5 Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, you shall not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Negrini Security Srl Reseller and Affiliate Program.
5.6 Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, you shall not transmit any information which is or might be considered to be defamatory or libelous.
5.7 Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, you shall not transmit any information which is or might be considered to be lewd, pornographic or obscene;
5.8 Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, you shall not violate any laws regarding unfair competition, anti-discrimination or false advertising or the general Negrini Security Srl Terms of Service.
5.9 Promote Violence. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, you shall not take any action which might promote violence or contain hate speech.
5.10 Damage Negrini Security Srl. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Negrini Security Srl, you shall not take any action that would in any way damage Negrini Security Srl or otherwise compromise its servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs, cancelbot or other similar harmful or deleterious programming routines.
5.11 No Automatic Links. You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
5.12 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY Negrini Security Srl PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT Negrini Security Srl MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER SHALL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT SHALL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR SHALL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS SHALL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, Negrini Security Srl DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL Negrini Security Srl BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
5.13 LIMITATION OF LIABILITY. IN NO INSTANCE SHALL Negrini Security Srl BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT Negrini Security Srl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.12 or (iv) either party’s liability for death or personal injury or their own acts of fraud.
5.14 Indemnification. You agree to indemnify, defend and hold harmless Negrini Security Srl and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copyrighted materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
5.15 Independent Contractors. Each party shall act as an Independent Contractor and shall have no authority to obligate or bind the other in any respect.
5.16 Choice of Laws. This Agreement has been made in and shall be construed and enforced in accordance with the laws of Romania. Any action to enforce this Agreement shall be brought to court.
5.17 Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
5.18 Integration. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Negrini Security Srl on the Negrini Security Srl web site.
5.19 Use constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the Negrini Security Srl Reseller and Affiliate Program including the submission of the relevant application form (by signing-in to our portal with an account) and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by Negrini Security Srl without notice to any other party other than changing the agreement itself made available by Negrini Security Srl to Resellers and Affiliates on the Negrini Security Srl web site terms and conditions.

For more information, please write to us first.

For any unsubscription requests, complaints, privacy information, about your data, simply contact us at [javascript protected email address] and you will receive a confirmation/response to your request within 48 hours maximum.