Terms and Conditions
The website www.cassa.ro (“Website”) and the software application CASSA are the property of the company CASSA DIGITAL SOFTWARE SRL, (hereinafter referred to as “CASSA “), headquartered in Bucharest, Sector 2, Cal. Moșilor, no. 158, ground floor, module P193, registered at the Trade Register under no. J40 / 10442/2019, fiscal code 41497978, available by e-mail: [email protected], legally represented by Mr. Fugaru Dumitru Cornel and Mr. Teodoroiu Daniel, as administrators.
Accessing the Website, using the Cassa software application and purchasing the services offered by CASSA through the application implies acceptance of these Terms and Conditions, so it is necessary to read the document in full.
The creation of the user account and any order confirmed by checking the box “I have read the Terms and Conditions of Use” is an acceptance by the application user of the contractual offer proposed by CASSA under the conditions stipulated by art. 9 of Law no. 365/2002 on electronic commerce. Checking the box is a confirmation of the agreement of will.
The application– Represents the computer application for invoicing, management and administration of financial-accounting and administrative documents Cassa, developed by CASSA and owned by its intellectual property ;
Access– Represents CASSA’s acceptance to use the Application offered to the User in exchange for a monthly subscription and the actual use of the Application;
Service – Represents the services provided by CASSA through Access to the Application, in particular the synchronization of data from the user account, support for these services, backup of data from any type of device – from anywhere through Internet access – and any other services offered by accessing the Application in the form of a monthly subscription or in exchange for a one-time payment ;
Professional User – Represents any legal entity that holds a valid subscription contract and uses the Application during the performance of activities consisting of accounting or administrative services;
End User – Represents the legal / natural person who acts for purposes related to his commercial, industrial or production activity, artisanal or liberal, who has concluded a service contract with the professional User through whom he provides a service and who uses the application to facilitate communication with another User;
User– Represents the professional User or End User who creates an account in the Application, has access to the Application and benefits from a Service;
Account– Represents the section of the Application that allows the User access to the Application to benefit from the Services;
Order – Represents the purchase order of one or more Services offered by CASSA, made by the User who wishes to benefit from that / those Services;
Ticket– Represents the electronic document sent by e-mail by the User to CASSA, containing the description and qualification of an incident;
BUG– Represents the incident that manifests itself by the appearance of a difference between the actual operation of the Application and the operation described in the current version of the specifications of the Application;
Support– Represents the intervention made by CASSA and its representatives in the territory, without this involving the modification of the source code of the Application;
Maintenance– Represents the intervention made by CASSA, which involves modifying the source code of the Application;
Content– Represents all information on the Website or Application that can be visited, viewed or otherwise accessed using electronic equipment :
- the content of any e-mail sent to the User by CASSA by electronic means and / or any other available means of communication ;
- any information communicated by any means by an employee / collaborator of CASSA, to the User, according to the contact information, specified or not by him;
- information related to the Services or tariffs practiced by CASSA in a certain period;
- information related to the Services or tariffs practiced by a third party with which CASSA has concluded partnership, collaboration or service contracts, in a certain period;
- data related to CASSA or other privileged data thereof;
- data on news available or under development by CASSA.
Newsletter – Represents the means of periodic information, exclusively electronic, respectively electronic mail, on the Website, Application and Services and / or promotions carried out by CASSA in a certain period, without any commitment on the part of CASSA with reference to the information contained therein .
III. PURPOSE OF THE TERMS AND CONDITIONS
3.1 The object of the Terms and Conditions is the Access of the User in the Application to benefit from billing services, management, storage and administration of financial-accounting documents and human resources, synchronization of user account data, communication between the Professional User and the End User, as well as and any other Services offered by CASSA through Access to the Application in the form of a monthly subscription or in exchange for a one-time payment.
3.2These Terms and Conditions are applicable to Access to the Application as well as to all orders made for any other Services offered by CASSA through access to the Application. Any Order and opening of an Account implies the acceptance by the User of these Terms and Conditions.
3.3 By accepting these Terms and Conditions, CASSA offers Access to the Application, as well as any other Services requested by the User in the Application, under the conditions and within the limits established in these Terms and Conditions.
3.4 At the time of acceptance of these terms between CASSA and User is concluded a service contract under which CASSA provides access to application and provide any other services required by the user application.
3.5After the acceptance of these Terms and Conditions by the User, CASSA will send him, by e-mail, an electronic copy of these Terms and Conditions.
3.6CASSA reserves the right to change these Terms and Conditions at any time. The version of the Terms and Conditions applicable to Access to the Application or an Order made is that published on the Website at the time the Application is used or the Order has been placed.
3.7The application can be accessed from a number of interfaces such as: iOS, Android and web browser.
IV. CREATING THE USER ACCOUNT
4.1 Access to the Application is allowed to any User following the creation and validation of the Account.
4.2The professional user will be able to create and validate his Account only after entering and confirming the following information:
b) Name and Surname;
c) Email address;
d) Telephone number.
4.3The end user will be able to create and validate his Account only after entering and confirming the following information:
b) Name and Surname;
c) Email address;
d) Telephone number.
4.4The account will be created and validated only after entering and confirming the aforementioned information and only by accepting these Terms and Conditions by checking the appropriate checkbox.
4.5By registering the Account, the User understands that he can be contacted by CASSA, by any means agreed by CASSA, in any situation where it is necessary to contact him, exclusively in connection with the use of the Application.
V. CONTRACTUAL DOCUMENTS AND ORDER
5.1 After registering the Account, the User may place Orders within the Application.
5.2 By completing the Order, the User agrees that all data provided by him is correct, complete and true at the time of placing the Order.
5.3 Confirmation of the Order will be sent by CASSA by e-mail and will consist of the following documents:
a) The order (together with the clear indications on the personal data of authentication and invoicing) and its specific conditions ;
b) Terms and conditions.
5.4 CASSA may cancel the Order placed by the User, following a prior notification addressed to him, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases:
a) non-acceptance by the issuing bank of the User’s card or of the transaction;
b) invalidation of the transaction by the card processor approved by CASSA;
c) the data provided by the User are incomplete and / or incorrect;
d) Violation of any of the provisions of these Terms and Conditions.
5.5 Contracting the Service is considered valid from the moment of confirmation of the Order by CASSA, the unconfirmed order not having the value of an order accepted by CASSA.
5.6 These Terms and Conditions made available by CASSA on the Website will form the basis of each Order confirmed by CASSA.
VI. ASSIGNMENT AND SUBCONTRACTING
6.1 CASSA may assign and / or subcontract to a third party the services related to the fulfillment of the Order.
6.2 In the case of assignment or subcontracting to a third party, it will be solely responsible for fulfilling the obligations assumed towards the User.
VII. DURATION OF THESE TERMS AND CONDITIONS
7.1 hese Terms and Conditions enter into force on the date on which CASSA provides Access to the User in the Application, respectively on the date on which CASSA confirms the User’s Order and are applicable for the entire period in which the User has Access to the Application, respectively, for the entire period. by the ordered Service.
7.2 In case the user no longer wishes to have access to application and services contracted in the Application, access will be discontinued, and its data and documents related to User Account will be automatically deleted within 60 days . The user has the possibility to request the immediate deletion of data and of any documents loaded into application and this will be done within 2 working days.
VIII. BILLING AND PAYMENT
8.1 The prices of the Access in the Application and the Services are displayed on the Website and / or in the Application and are expressed in Euro.
8.2 The price converted into RON at the exchange rate established by the NBR on the day of issuing the invoice, the payment method, the payment term and the bank account in which the payment will be made are specified in each Order.
8.3 The invoicing of the Access and of the contracted Services will be done monthly, on the 15th of each month, for the previous month. The invoice issued by CASSA does not include VAT at this time, but it will be added to the monthly cost to the extent that CASSA becomes a VAT payer.
8.4 CASSA will issue the invoice in accordance with the type of subscription that the User benefits from, respectively in accordance with the Services contracted by the User, as the case may be.
8.5 The invoice will be sent to the User at the email address used to create the Account.
8.6 he user will make the payment within 10 days from the date of issuing the invoice by bank transfer to the account RO69INGB0000999909378890, opened at ING Bank – Bucharest Central Branch.
8.7 In case the user does not make payment within 10 days from date of invoice, it will pay CASSA late payment of 0.5% / day of the invoice amount due and unpaid on time, calculated until the date of payment.
8.8 In case the user does not make payment within 60 days from date of invoice, CASSA immediately terminate user access in the application, unless an alternative agreement agreed in writing with the user.
8.9 In case the CASSA will bear any costs and expenses on behalf of users, they will be added to invoices CASSA’s use, as appropriate, and may require a separate payment.
8.10 CASSA is not / cannot be held responsible for any other additional costs incurred by the User, including but not limited to currency conversion fees applied by the issuing bank of his card, if its issuance currency differs from RON . The User is solely responsible for this action.
8.11 No refunds will be charged for invoices paid.
8.12 If the User considers that an invoice issued by CASSA is not calculated correctly, he must notify CASSA in writing, within 5 days of receipt of the invoice, in the absence of notification, the User will be deemed to have accepted the invoice as such. if it has been drawn up. If during the period in which the User benefits from Access to the Application and other services contracted within the Application, price changes will occur in connection with the Access in Application, respectively in connection with the Contracted Services CASSA will notify the User on any change to the payment plan at least 15 days before the day of invoicing.
IX. OBLIGATIONS OF PARTIES
9.1 CASSA has the following obligations:
a) to offer a non-exclusive and unlimited right of use (license) in time and space for the use of the Application;
b) to allow access to the Application for creating, uploading, facilitating communication between the Professional User and the End User ;
c) to provide technical assistance from Monday to Friday between 09:00 – 18:00 for problems related to the Application or for clarifications regarding the use of the Application. CASSA does not provide financial-accounting or legal assistance and will not be held responsible for these issues;
d) to make daily data backup ;
e) to facilitate the connection to the system through a secure communication protocol (https );
f) to ensure the synchronization of data between the Professional User and the End User. The CASSA application does not work in the offline version ;
g) to ensure the confidentiality and security of personal data provided by Users.
9.2 CCASSA has the following rights:
a) to be provided with all the information and materials necessary for the creation of the Account, as well as for the provision of the Services ordered by the User;
b) to restrict activities that may compromise the User’s Account. If CASSA receives a notification regarding the existence of activities with an illegal appearance performed by Users, it reserves the right to suspend the User Account or block access to it;
c) to monitor, view the documents and databases of the User;
d) to collect anonymous data on the use of the Application and its Services and to make them public in an aggregated manner ;
e) to assign and / or subcontract to a third party the services related to the fulfillment of the Order, with the information of the User, without the consent of the User ;
f) to collect the price that the User owes for the Use of the Application or for each Order.
9.3 The user has the following obligations:
a) comply with these Terms and Conditions;
b) to make available to CASSA all the necessary information in order to create the Account for gaining Access to the Application and for providing the ordered Services ;
c) to pay the equivalent value of the access in the Application and of the ordered Services ;
d) be liable for all content and documents existing in its Account or for any violation of the law or the rights of a third party;
e) to use the Contracted Application or Services in full legality and knowing the legal provisions in force regarding the activity it carries out;
f) to fully comply with the provisions related to copyright and personal data protection regarding the data entered in the system;
g) bear full responsibility if the persons approved to use the Application violate the provisions of these Terms and Conditions or engage in illegal or immoral activities ;
h) not to disclose the access credentials in the Account, any such disclosure being made on its own responsibility;
i) to verify all the characteristics of the Services that it wishes to contract and to request clarifications regarding any ambiguities regarding the Services prior to the registration of an Order;
j) to inform, as soon as possible, CASSA of any irregularity regarding Access to the Application.
9.4 The user has the following rights:
a) to receive Access to the Application and to be provided with the ordered Services, in optimal conditions and according to the standards in the field;
b) to be informed about any problem related to the operation of the Application, which could lead to the temporary or permanent interruption of the Access to the Application or the provision of the ordered Services or to the decrease of their quality.
X. INTELLECTUAL PROPERTY RIGHTS
10.1 The content , as defined, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented in the Application or on the Website are the exclusive property of CASSA, being -i reserved all rights obtained for this purpose directly or indirectly (through licenses for use and / or publication).
10.2 The User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by CASSA, including any Content outside The application or the Website, the removal of the signs that signify the copyright of CASSA over the Content, as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of CASSA.
10.3 No broadcasts to users through any means of communication (electronic, telephone, etc.) or acquired it by accessing, visiting and / or viewing does not constitute a contractual obligation by CASSA and / or the employee / CASSA the servant who has mediated the transfer of Content, if any, to such Content.
10.4 Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions is prohibited.
XI. LIMITATION OF LIABILITY CASSA
11.1 CASSA cannot be held liable for damages of any kind that the User or any third party may suffer as a result of CASSA’s fulfillment of any of its obligations under these Terms and Conditions or an Order or for damages resulting from the use of Services.
11.2 CASSA does not warrant that the Application, the servers on which it is hosted or the e-mails sent from the e-mail address [email protected] are free of viruses or other potentially harmful computer components, that it does not contain errors, omissions, malfunctions, delays or interruptions in operation or transmission, line drops or any other similar factors. The User uses the Application at his own risk, CASSA being free of any liability for any direct or indirect damages caused by Accessing the Application or as a result of using the information in the Application.
11.3 CASSA makes constant efforts to maintain the accuracy of the information in the Application. However, small mishaps can sometimes occur. However, small mishaps can sometimes occur.
XII. USER STATEMENTS AND WARRANTIES
12.1 The user declares the following:
a) acceptance of these Terms and Conditions does not constitute a breach or breach of the obligations assumed by any contract or other instrument to which the User is a party or by which he is obliged or affected and does not otherwise infringe the rights of any third party, and these Terms and Conditions create for the User valid, legal and legally binding obligations according to their provisions.
b) the insolvency procedure provided by Law no. 85/2006, respectively Law no. 85/2014, the procedure of the preventive composition was not initiated, no ad-hoc representative was appointed, no such request was initiated from any creditor, the company is not in a state of dissolution, division, merger, reorganization, etc.;
c) The user has implemented or is in the process of implementing all appropriate procedures and measures for the protection of personal data, in accordance with applicable law.
XIII. PROCESSING OF PERSONAL DATA
13.1 CASSA seeks to protect as much as possible the right to privacy and the image of Users. CASSA makes every effort to ensure that the information that the User enters into the CASSA database is used exclusively for purposes related to the Use of the Application.
XIV. ELECTRONIC COMMUNICATIONS
14.1 If the User does not communicate his intention to the contrary, CASSA will use the e-mail address / no. User’s phone to communicate with him.
14.2 For the communication between the Professional User and the End User, the e-mail address / no. phone of each User.
14.3 Internet communications are capable of data corruption and, therefore, CASSA is not responsible for changes to these communications after they have been sent.
14.4 The user, as the recipient, is responsible for performing an antivirus scan on the received attachments.
14.5 In the case of electronic communication, there is a risk of not receiving, delaying, misleading or intercepting documents by third parties. CASSA uses virus scanning software to reduce the risk of viruses and similar harmful objects being transmitted via e-mail or electronic storage devices. However, electronic communication is not entirely secure and CASSA cannot be held liable for damage or loss caused by viruses or harmful codes and for communications that are corrupted or altered after shipment. CASSA is not responsible for accidental problems or errors related to this means of communication, in particular with regard to commercially sensitive materials.
14.6 CASSA is not responsible for any losses, penalties, surcharges, interest or additional tax obligations caused by the malfunction of the Application or that exceed the reasonable control of CASSA.
14.7 Even if certain documents may legally belong to the User, CASSA will destroy the correspondence and other documents that it stores and that are more than seven years old, other than the documents that it considers of continuous importance. If the User deems it necessary to keep a certain document, he must notify this in writing.
XV. REGISTRATION, PASSWORDS AND RESPONSIBILITIES
- The User’s access to certain functionalities within the Application is allowed only if he has opted for a monthly subscription.
- Any unauthorized access to the non-public elements of the Application or the access of other persons besides those authorized for the use of a certain Account represents the crime of unauthorized access to a computer system and will be sanctioned according to the Romanian legislation in force.
- CASSA may claim compensation for any claim (including any claim for negligence) resulting from any unauthorized disclosure by the User or any person for whom it is responsible.
XVI. LIABILITY OF THE PARTIES
- Violation by the User of these Terms and Conditions leads to the immediate termination of all relations between the User and CASSA and the deletion of the User’s Account, entitling CASSA to use all legal means available to recover the damage thus created.
- The user is solely responsible for all activities undertaken within the Application and on the Website and is liable for any material damage or any other nature produced by CASSA.
- The User’s non-compliance with any of its obligations, declarations and / or guarantees, provided in these Terms and Conditions attracts the User’s liability, being obliged to fully repair all damages suffered by CASSA.
- If the User does not fulfill its obligations under these Terms and Conditions or performs them improperly, it will be obliged to cover all damages suffered by CASSA, but not limited to material damages (direct or indirect), non-pecuniary damages, damages image, unrealized benefits, pending litigation costs, expenses in the execution phase, reasonable attorney’s fees, etc.
- In the situations provided for in points 16.3 and 16.4, in order to hold the User liable, CASSA will notify the User in writing of any claims, specifying reasonable details of such claims (including its basis and estimating in good faith the value of the damage attempted or could be tried).
- Within a maximum of 30 (thirty) days from the date of receipt of the notification in accordance with point 16.5 above, the User will have the opportunity to remedy any and all breaches of obligations, statements and / or guarantees assumed / given in accordance with these Terms and conditions, at no cost to CASSA.
- In the event that the User: (i) refuses to act in accordance with those mentioned in point 16.6 above or (ii) does not remedy or remove any potential damage to CASSA as a result of non-compliance with any obligation, statement and / or warranty, CASSA will be able to recover from the User all and any damages tried, according to points 16.3 or 16.4.
- CASSA stores in the Cloud the information and documents uploaded to the User Account.
- The cloud service is provided by a third party (“Cloud Provider”) with which CASSA has signed a confidentiality agreement to ensure compliance with the relevant clauses in the standard conditions of CASSA’s activity, related to privacy, Internet communication, Data Protection Act.
- The service provided by the Cloud Provider is a web-hosted feature. CASSA is not responsible for the interruption of services provided by the Cloud Provider but will make reasonable efforts to help ensure the resumption of normal service as soon as possible.
17.1 CASSA will maintain the confidentiality of information or documents of any kind that the User provides. Disclosure of the information provided may be made only under the conditions set forth in these Terms and Conditions.
17.2 Under these Terms and Conditions, the term “confidential information” means any and all information received and / or known by CASSA or the User as a result of the creation of the Account, the execution of the Order, including any information related to the activity of the two parties. they are not public.
17.3 CASSA and the User undertake not to use any of the confidential information other than for the purpose of fulfilling these Terms and Conditions and to maintain the confidentiality of all confidential information.
17.4 CASSA and the User will allow access to confidential information only to those persons who need to know it in order to fulfill the obligations assumed by these Terms and Conditions and will instruct any such person in connection with the confidential nature of such information.
17.5 The obligation to maintain the confidentiality of data / information from and in connection with these Terms and Conditions, regardless of the medium on which they are presented, also exists in the case of CASSA employees or the User.
17.6 The provisions of this section on confidentiality shall not apply in the following cases:
a) at the time of their disclosure, the confidential information was already known to the public;
b) the party to whom the information belongs has given its written consent to its disclosure by the other party prior to the disclosure.
17.7 If CASSA or the User receives a request for the disclosure of confidential information from an authority under the law, the party who received the request from the authority shall promptly notify the other party. If the party to whom the information belongs does not obtain an order or other provision to protect its confidential information, the party to whom the disclosure is requested will only disclose that confidential information required by law and will make every effort to disclose it. guarantees that the confidential information thus disclosed will be treated in a confidential manner.
17.8 The party providing the information will remain the sole owner of the confidential information. Also, if confidential information is updated, it will remain the exclusive property of the party providing it.
17.9 CASSA and User will keep confidential information in any form that it is, so long as they are subject to these terms and for an unlimited period of termination for any reason of them.
17.10 No public statement, promotion, press release or any other way of disclosure to third parties will be made by the User regarding the Application or an Order without the prior written consent of CASSA.
XVIII. TERMINATION OF THE CONTRACT
18.1 This contract terminates by right, without the need for the intervention of a court, in accordance with the provisions of art. 1553 of the New Civil Code, if:
a) The User violates any of his obligations assumed by these Terms and Conditions, after being warned in advance, by a written notification by CASSA, that a new non – compliance with them will lead to the termination of these Terms and Conditions;
b) by non-payment of the price and / or expenses by the User for a period longer than 60 days from the due date. The terms and conditions will cease automatically, without the need to make any notification or fulfill another precondition;
18.2 CASSA will notify the User of the termination of these Terms and Conditions at least 30 calendar days before the date on which the termination is to take effect. The terms and conditions will cease to have effect at the expiration of the notice period, without any other formality or intervention of a court.
18.3 Termination of these Terms and Conditions will not have any effect on the already due obligations of CASSA or the User.
18.4 The provisions of this chapter do not remove the liability of the party who has guiltily caused the termination of these Terms and Conditions.
18.5 These terms and conditions may terminate at any time by written agreement of CASSA and the User.
XIX. FORCE FORCE AND CASE
19.1 CASSA and the User are not responsible for the non – execution on time and / or for the improper execution – in whole or in part – of any obligation incumbent on them under these Terms and Conditions, if the non-execution or improper execution of that obligation was caused by force majeure. or by chance, as defined by law.
19.2 The party invoking force majeure / fortuitous event is obliged to notify the other party, within 5 days from the occurrence of the event and to take all possible measures in order to limit its consequences. If within 30 days of occurrence, the event does not cease, the parties have the right to notify their full termination of these Terms and Conditions, without any of them being able to claim damages.
XX. APPLICABLE LAW AND DISPUTE SETTLEMENT
20.1 These Terms and Conditions are governed by the laws of Romania.
20.2 In the event that any disputes concerning the validity of these terms or arising from the interpretation, execution or termination of their will be solved amicably, the parties agreed to the Ombudsman or the courts of competent jurisdiction in the Court of Appeal.
XXI. FINAL TERMS
21.1 The rights and remedies enjoyed by the User or CASSA are cumulative and not alternative. Neither the non-exercise, nor any postponement in the exercise of any right, power or privilege by either party under these Terms and Conditions shall act as a waiver of that right, power or privilege and no individual or partial exercise of any such right. , power or privilege shall not exclude any subsequent exercise of such right, power or privilege or the exercise of any other right, power or privilege.
21.2 These Terms and Conditions contain the entire agreement between CASSA and the User regarding the use of the Website, Access, use of the Application and any Services contracted.
21.3 CASSA and the User declare that these clauses of these Terms and Conditions are expressly accepted, any prior agreement not producing legal effects between them.
21.4 Any change regarding the contact details (telephone or e-mail), address or bank account, will be made within 48 hours from the change.
21.5 If any provision of these Terms and Conditions is deemed illegal, void or unenforceable, in whole or in part, in accordance with applicable law, this provision or any part thereof, to such extent, shall be deemed not to be part of these Terms and Conditions. , and the legality, validity and applicability of the other provisions of these Terms and Conditions will not be affected. In such a situation, CASSA will make every effort, within a reasonable period, to replace the provision considered illegal, invalid or unenforceable with a provision for the same purpose that will be legal, valid and applicable.
21.6 CASSA has the right to make any changes to these Terms and Conditions, the new version being made available to the User by publication in the Application and on the Website.
21.7 Any notification or other communication in connection with these Terms and Conditions will be made in writing and will be sent to the User’s e-mail address available in the Account, respectively to the CASSA e-mail address available in the “Contact” section or in these Terms and Conditions.