Terms of Service
Updated on 27 December 2022
These Terms and Conditions of use of the online store www.webfundament.com are applicable to orders for the purchase of products/services offered by the company Dioartis Grup SRL through the website www.webfundament.com In order to use the site in good conditions, we recommend that you carefully familiarize yourself with the Terms and Conditions presented. We reserve the right to make changes to these provisions without prior notice.
1. General Provisions
This site is owned by "Dioartis Grup” SRL. When registering the order in the online store, the Buyer accepts the Terms and Conditions for the sale of goods/products and/or the provision of services which are based on the legislation of the Republic of Moldova (hereinafter - Terms and Conditions) presented below. Using the website www.webfundament.com implies accepting the Terms and Conditions proposed by Dioartis Grup SRL, in accordance with Law no. 284/2004 on Electronic Commerce. The relations between the customer and the seller are established on the basis of Law no. 105/2003 on the Protection of Consumer Rights, and other normative acts adopted in accordance with it. The Seller reserves the right to modify the given Terms and Conditions, and the Buyer is obliged to monitor the modifications.
2. Protection of personal data
By using the website www.webfundament.com you automatically agree to the collection and processing of personal data, which are necessary for the processing/confirmation/execution of orders. Personal data is processed only for legitimate purposes, such as providing the products you order, promotions, google analytics, cookies and notifications\newsletter. All information containing personal data is stored and used only for the period necessary to achieve the purposes for which it was collected and in accordance with the provisions established by Law no. 133/2011 on the protection of personal data. We use commercial security measures to prevent unauthorized access, maintain data accuracy and ensure the correct use of information on the site. Data transmission over the Internet or wireless network cannot be fully protected. Therefore, like other companies, we cannot guarantee the security of the information they provide to the Buyer, so they will do so at their own risk.
Order registration and payment
Credit card Payment of orders is possible with a credit card (Visa, MasterCard & AmericanExpress) - upon receipt of the order, you will receive the tax receipt that will confirm the payment. Online payment is made in conditions of maximum security using the payment card as a payment instrument, which allows online transactions to be carried out. After making the payment you will receive a payment confirmation to your email address. The payment processor uses a secure system based on the latest version of the 3D-Secure security standard, which means a new global approach to buyer authentication in secure online transactions. This security measure involves redirecting the user when making the payment to a secure maib page where the authentication of each cardholder is done by assigning a single-use code for each online transaction. Refunds are made only to the payment card that was used for the purchase. To make a payment, you will need to enter your bank card details. The transfer of this information is done in accordance with all necessary security measures. The information is transmitted in encrypted form and is stored only on a specialized server of the payment system. To make the payment, the following data will be requested: o Card number (16 digits) o Expiry date (month and year) o CVC or CVV code (3 digits) o Name and surname on the payment card All payments are processed in the national currency of Republic of Moldova - MDL (Moldovan lei). If the currency of the operation differs from the currency of payment, the conversion of the operation amount is carried out according to the exchange rate for card operations on the day of settlement, of the issuing bank. PayPal PayPal works as an intermediary between you and a bank. A user adds a bank account or credit/debit card to the PayPal system and whenever they're making an online payment, they can select which account to debit. All transactions are processed through PayPal, instead of your bank.
Delivery of services
After registering the order, the buyer receives access to the purchased services in a short time. Web Hosting & Domain Registration Instant Virtual Private Server & Dedicated Servers 1 Hour to 24 Hours The delivery period may be extended in certain isolated situations (for example: unfavorable weather conditions, public holiday periods, unforeseen technical problems, etc.). We will notify you if we encounter one of the previously isolated situations.
Refund policy for services: Web Hosting: 30 days Domain Registration: 2 days Virtual Private Servers: No refund Dedicated Servers: No refund Open a ticket for refund: https://webfoundation.com/submitticket.php
In accordance with the provisions of Law No. 133/2011 on the protection of personal data, the service provider processes personal data. Personal data is processed in good faith and is done on the basis of and in accordance with the legal provisions. The processing of personal data is carried out by mixed means (automatic and manual), in compliance with legal requirements and under conditions that ensure security, confidentiality and respect for the rights of the data subjects. The supplier collects and processes only the personal data provided by consumers when placing the order: name, surname, telephone number, address, postal address. Personal data are used exclusively for the purpose of administering the site, to allow access to information specifically, for the delivery of orders or to contact the consumer in order to execute the delivery. Through this information, users and consumers become aware of the fact that their personal data will be processed and used (name, surname, telephone number, address, postal address). The service provider processes the personal data of users and consumers that are provided by browsing, using and registering on the website https://webfundament.com Any information provided by the users and consumers of the website https://webfundament.com will be considered and will represent the express consent for the personal data to be used by the Provider. The provider will not disclose to a third party any of the data held, without the consent of the data subjects, and will not trade, exchange, disclose this data with other persons, with the exceptions provided by the legislation in force (at the request of the public institutions of the state, legal bodies, courts court, also authorized to process personal data). Personal data may be processed and used by the Provider for statistical purposes and further promotion. The service provider meets the requirements of personal data security and ensures the protection of consumer data and protects it from being lost, destroyed, distorted/falsified or disclosed to third parties. Employees of the service provider are obliged to respect the confidentiality of personal data of consumers. The processing of personal data will be carried out by the authorized person of the Supplier. The provider uses security methods and technologies according to the legal provisions in force. The provider does not collect information related to transactions, such as no. to the card, expiry date, country of origin. For more details and information, any interested person can contact us by email at email@example.com or by phone at +37368435443
7. Contact details
Legal name of the company: Dioartis Grup SRL IDNO: 1011600003727 Legal/physical address: Str. Calea Orheiului 109/3 of.211, Chisinau, Republic of Moldova Contact phone: +37368435443 Contact email: firstname.lastname@example.org
Late Payment Policy:
All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.
WEBFUNDAMENT will not share any of it’s client personal information to any third parties not related to WEBFUNDAMENT. Some of the client data may be forwarded on the following exceptions: Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from WEBFUNDAMENT Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons. WEBFUNDAMENT will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 15 days we will send out the information to the respectable party without the confirmation of the client. Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Website Builder, Cloudflare, cPanel, Attracta). WEBFUNDAMENT will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to WEBFUNDAMENT clients, however no client information will be sent to third-parties not related to WEBFUNDAMENT services. Certain services provided by WEBFUNDAMENT are resold. Thus, certain equipment, routing, software, and programming used by WEBFUNDAMENT are not directly owned or written by WEBFUNDAMENT. WEBFUNDAMENT shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. WEBFUNDAMENT will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by WEBFUNDAMENT and WEBFUNDAMENT will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
“Unlimited” Usage Policy:
WEBFUNDAMENT offers some of it’s hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that WEBFUNDAMENT will not set a specific cap for these resources and client will be able to use these resources as needed, however WEBFUNDAMENT does use a fair usage policy which applies to all accounts. WEBFUNDAMENT Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
By the term “Unlimited Space” WEBFUNDAMENT means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. WEBFUNDAMENT reserves the right to remove such files from the user account with or without notice to the client. WEBFUNDAMENT also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. WEBFUNDAMENT also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on WEBFUNDAMENT accounts, if there are more than 250.000 files on a single account, with or without notice to the client. WEBFUNDAMENT also reserves the right to disable the account which holds more than 250.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.
Acceptable Use Policy:
All services provided by WEBFUNDAMENT may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WEBFUNDAMENT and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. WEBFUNDAMENT reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however WEBFUNDAMENT reserves the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts or website types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, WEBFUNDAMENT reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then WEBFUNDAMENT will inform the client about the abusive content. WEBFUNDAMENT also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
IRC scripts, eggdrops, bots Proxy server scripts (also any other script which operates as proxy) Mail bomber and spam scripts IP spoofers and port scanners Pirated Software or any form of warez Image Hosting Scripts (like imgur or Photobucket) AutoSurf site scripts PPC site scripts PTC site scripts Bruteforce Programs or scripts File sharing, dump and mirroring service scripts (like mega, rapidshare) Top sites generator scripts Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites Sites distributing copyrighted content without proper licenses Gambling sites Hacker programs, credit card dumps, hacker focused sites Forums distributing warez or any other illegal content Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways) Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts Child pornography (If WEBFUNDAMENT is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund) Any kind of abusive content found on our servers should be reported to email@example.com. WEBFUNDAMENT will handle any abuse report with the highest priority and interest. WEBFUNDAMENT will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or dedicated servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on Dedicated servers are allowed and do not generate any extra charges in general.
Commercial Advertising and Spam E-mails:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $10.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
WEBFUNDAMENT shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WEBFUNDAMENT servers going off-line or being unavailable for any reason whatsoever. Furthermore, WEBFUNDAMENT shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WEBFUNDAMENT servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
WEBFUNDAMENT intends to provide the best possible web hosting service to each of its clients. WEBFUNDAMENT shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, WEBFUNDAMENT cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, WEBFUNDAMENT will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by WEBFUNDAMENT. WEBFUNDAMENT retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.