Parties and object
1.1. The terms and conditions (hereinafter also the "Contract") hereunder are binding on Apa Nova Bucharest (hereinafter "Apa Nova Bucharest") and the Client. The Client is any natural or legal person or any homeowners'/tenants' association which has signed one or more contracts for the provision of drinking water and sewage services with Apa Nova Bucharest.
1.2. The object of this Contract is the provision by Apa Nova Bucharest to the Clients of the "Online clients' space", hereinafter the "Service", under the terms below.
1.3. The legal representatives of the legal person Clients shall ensure the use of the Service by means of an Administrator who they authorize to represent the Client in all operations undertaken in cooperation with Apa Nova Bucharest in the framework of the Service. The Client shall be considered automatically and fully committed and will be answerable for the use of the Service by the Administrator. Moreover, all references to the Client shall be considered as including the Administrator, if they concern the operation and utilization of the Service, and the Client is a legal person.
1.4. Apa Nova Bucharest shall provide the Service to the Client by means of the www.apanovabucuresti.ro website, in accordance with the options of the Client, as selected from the latter from the predefined options, available in the application in accordance with the technical specifications of the Service.
2. Description of the Service
2.1. The Service allows the Customer to access information on the services provided by Apa Nova Bucharest (the water supply service and/or the sewer system), but is not limited to information on the Client or the display of the last invoices issued.
2.2. Apa Nova Bucharest provides the Service only at the www.apanovabucuresti.ro website, and only to the Apa Nova Bucharest Client.
2.3. The access to this Service is restricted and takes place only by means of an e-mail address and a single password, entered by the Client during the registration process. In order to preserve your data more secure, we recommend using more complex passwords (using minimum 8 characters including at least one uppercase, one lowercase letter, one number and one special character). 2.4. The Client may access the Service only based on the prior unconditional acceptance of all the terms and conditions of this Contract and following the correct entry of all the data necessary for a correct log-in into the Service. The Service may be accessed only by means of an Internet connection and an Internet browser. The minimum technical requirements for a correct use of the Service are the following: a computer with Internet connection and an Internet browsing software such as Microsoft Internet Explorer (version 5 or later) or Netscape Navigator/Communicator (version 6 or later).
3. Rights and obligations of Apa Nova Bucharest
3.1. Apa Nova Bucharest ensures the confidentiality of all information made available to the Client by means of the Service, but shall not be bound to any confidentiality obligations in what regards the information which the Client made available to third parties. Moreover, Apa Nova Bucharest shall not answerable for the security of communications and for the integrity of the data sent over the Internet.
3.2. Apa Nova Bucharest reserves the right to erase or modify any content entered by the Client on the web pages of the Service, which may cause the inadequate operation of the Service.
3.3. By accepting the terms and conditions of the service, the Client explicitly and expressly acknowledges the right of Apa Nova Bucharest to process personal information made available by the Client, in order to ensure the operation of the Service. Processing means the use, storage, retrieval, copying, sending, interpreting, editing and/or distributing the information to several local and/or international servers.
3.4. Apa Nova Bucharest shall not be answerable for the following: (1) general software errors, network failures, alteration and/ or desecurization of the data transiting systems other than those of Apa Nova Bucharest or due to network failures at any other third parties; (2) fraudulent use of the network by the Client, in accordance with art. 4.3 below.
3.5. Apa Nova Bucharest shall seek to ensure the fully secure and confidential use of the Service by the Client.
3.6. Any option of the Client in what regards the invoice and/or consumption index, balance of payments and account status shall be accepted by Apa Nova Bucharest provided the conditions for the secure use of the Service are met, namely logging-in with the correct user name and password.
3.7. Apa Nova Bucharest may suspend, modify or cancel the Service immediately and without any prior notice, in order to carry-out repairs or maintenance works, to improve the performance of the Service or for any other reason.
3.8. In case of abusive or unauthorized use of the Service, Apa Nova Bucharest reserves the right to limit, suspend or cancel the access of the Client to the Service without any prior notice.
3.9. If , within 30 days from the date of acceptance of the Contract, the Service representative who requested not available to Apa Nova Bucharest empowerment referred to Art.1.3 , Apa Nova Bucharest reserves the right to terminate service without notice prior.
4. Rights and obligations of the Client
4.1. By accepting this Contract, the Client undertakes to use the Service in accordance with its destination and functions. The Client shall keep all the Service access information confidential and is the sole responsible for any consequences of disclosing such information to a third party, regardless if the disclosure is intentional or out of negligence or carelessness.
4.2. The Client agrees to refrain from using the Service in any fraudulent, illegal, disturbing or abusive purpose or in any way that could infringe on or endanger the institution, the reputation of the employees, the Client and/or the assets of Apa Nova Bucharest, or any third natural or legal persons.
4.3. The Client is the sole responsible for using the Service and for any consequences following the use of the Service by himself or another person using the e-mail or password of the Client, if such data have been acquired due to malice, negligence or carelessness of the Client.
4.4. During the registration process, the Client has to fill in complete, accurate and actual information. Any modification of such data shall result in an immediate update of the information already registered in the Service.
4.5. The Client shall keep the e-mail address and related password confidential and undertakes to immediately notify Apa Nova Bucharest if any unauthorized third party, identified or not, uses such data to access the Service or has such intent.
4.6. The Client shall not leave the computer unattended after filling in the access data, so that no other unauthorized person may use the Service on behalf of the Client. The Client shall log-out from the service before leaving his workstation.
4.7. The Client warrants that he is the sole legal user of the Apa Nova Bucharest services, that he is legally authorized to use any trade mark in the registration process and that the use of any trade mark shall not prejudice the rights of a third party.
4.8. The Client is forbidden from registering a user name which begins, ends or contains a character string representing a full or partial name, company name or trade mark which may lead to confusion or association with a name, company name or trade mark. Apa Nova Bucharest reserves the right to erase, modify or replace at any time an account associated to a user name which disregards the above interdiction, after due notification of the Client.
4.9. The Client agrees that Apa Nova Bucharest could not warrant the availability or approval for use of any user name requested during the Service registration process.
4.10. The Client has to ensure that any instruction or operation carried-out within the Service is correct and complete; otherwise, Apa Nova Bucharest is not responsible for any errors.
4.11. The Client authorizes Apa Nova Bucharest to act upon the instructions that the Client submits by accessing the Services with the adequate user name and password, even if such instructions contravene to other prior instructions.
4.12. The Client understands and agrees that the performance of any operation (for instance, the entry of a new customer code) does not take place immediately upon the submission of the instruction. Thus, the Client acknowledges that some transactions require a longer period of time, while certain instructions may be processed during business hours (Monday to Friday, 8:00 - 18:00), even if the Service may also be accessed outside this period. The Client acknowledges that, following the submission of instructions to Apa Nova Bucharest, a new submission of identical instructions is not possible until the previous instructions have been accepted or rejected.
4.13. The Client is responsible for any errors leading to material loss if he acted with malice, negligence or carelessness, such as facilitation of unauthorized transactions or fraud attempts. For this reason, the Client shall know and follow the access security provisions of this Contract.
4.14. The Client shall be responsible for: (1) expenses for connecting to Apa Nova Bucharest website, regardless of the producer of the connection equipment; (2) cost of necessary equipment, and expenses related to the maintenance of such equipment; (3) use of his account(s), e-mail address and maintaining the confidentiality of his password(s).
4.15. This Contract may be freely printed for reading in non-editable form and may found at all times on the Internet web page associated to the Service. The printed version shall not prevail on the electronic version published on the above mentioned website and shall not be used as evidence for the terms and conditions thereof.
4.16. The Client may access the Service on 24/7 basis, except for periods when maintenance or repair works are being carried out. The access speed may be limited during peak hours, due to the limited processing capacity of the IT system running the Service. The Client acknowledges that the simultaneous connection of a large number of Clients may determine a drop of the Service processing speed.
4.17. During the use of the Service, the Client shall provide any reasonable data requested by Apa Nova Bucharest, including but not limited to, name and surname, company name, address, personal identification code, tax code, phone number, contract number, customer code. The Client undertakes to immediately communicate any modification of the respective data. Apa Nova Bucharest relies on this information from the date of their communication, in conditions which ensure their authenticity and integrity. Otherwise, Apa Nova Bucharest shall not be answerable for the accuracy of data not updated by the Client.
4.18. The Client understands and agrees that the information displayed by the Service is temporary and exclusively for information purposes and may not be subject to any complaints or lawsuits or used as evidence in the framework of such judicial procedures.
4.19. The Client understands and agrees that the only information which may be subject to complaints or legals action is the data shown on the services invoice of Apa Nova Bucharest. All purchases or extensiond of services by the Client are binding and may not be revoked by the Client, who has to pay the cost as shown in the services invoice of Apa Nova Bucharest.
4.20. For any questions related to the Service, the Client may call Customers Relations during business hours.
4.21. The Client must authorize a person, called Administrator, to fully represent the Client in his relationship with Apa Nova Bucharest in the Framework of the Service. Any operation fulfilled by the Administrator is fully relied on by the Client and, if applicable, arises the unconditional and lawful contractual or criminal answerability of the Client.
4.22. The Client acknowledges that access to certain features of the Service may be restricted during the entire period when the services of Apa Nova Bucharest are fully or partially suspended, regardless of the cause of suspension.
4.23. The organization and internal management instructions for the Client's account are an integral part of this Contract (GENERAL TERMS AND CONDITIONS FOR THE USE OF THE SERVICE). In case of contradictions between the instructions and the Contract, the GENERAL TERMS AND CONDITIONS FOR THE USE OF THE SERVICE and the provisions of the Contract shall prevail.
4.24.The client requested through the Service Representative has an obligation to provide the Apa Nova Bucharest empowerment referred to Art.1.3 within 30 days after Contract acceptance. Otherwise, Apa Nova Bucharest reserves the right to discontinue service without prior notice.
5.1. The Service subject to this contract is provided by means of an restricted-access IT system. Any access in the system by using an (identifying) e-mail address and a password that have been used during the registration process in an attempt to access the system, posing as a Client or an Administrator of Apa Nova Bucharest services, or the access of the system in any other manner, by unauthorized removal of the restrictions, and the use of the system with the infringement of the terms of authorization, is a criminal offence and is punishable in accordance with the Romanian legislation in the field of electronic fraud. By continuation of the access procedure, the person trying to access the system unequivocally acknowledges the above mentioned warning and the consequences of its infringement.
6.1. Apa Nova Bucharest offers this Service free of charge to the Client.
7. Termination of the Contract. Effects of the termination of the Contract
7.1. Both parties are entitled to terminate the Contract.
7.2. Apa Nova Bucharest may consider this Contract as automatically terminated, without any prior notification or other formalities, in the following cases: (1) The Client does not fulfill his payment obligations on due time; (2) bankruptcy or the beginning of bankruptcy procedures against the Client; (3) The Client has granted the Services or disclosed the confidential information provided by Apa Nova Bucharest to a third party; (4) The Client uses the Service abusively, as stipulated in article 4; (5) The Client does not fulfill his other obligations under this Contract.(6) In all cases when Apa Nova Bucharest discontinues the services to the Client, in accordance with the main service contract signed with Apa Nova Bucharest.
7.3. The Contract is considered terminated when the Client natural person, legal person or association does not access the Service for 90 days, when the Client account expires. To resume the Service, the other conditions mentioned in this Contract have to be met, and a new user account has to be created, with a new e-mail address and a new password.
8. Force majeure
8.1. The Force majeure removes the legal responsibility of the party claiming it. Force majeure is considered as an unpredictable and insurmountable event for one of the parties, which occurred after signature of the Contract. Such an event may be: war, expropriation, discontinuation of energy supply, labor conflict, fire, storm or other phenomena, deterioration of cables/antennas/other equipment by a third party, etc. Force majeure and failure to execute the obligations related thereto may lead to the suspension or termination of the obligation.
9.1. Apa Nova Bucharest reserves the right to modify the provisions of this Contract at any time. The further use of the Service represents acceptance of all modifications brought to this Contract.
9.2. Apa Nova Bucharest shall inform the Client about any modification of the Service, including modifications of the access procedure, menu structure, commands and documentation.
10.1. The Client shall be answerable for any direct or indirect damages, whether or not included in this Contract, caused to Apa Nova Bucharest due to malice, negligence or carelessness of the Client, fraudulent use of the Service, failure to fulfill the contractual obligations or perpetration of other offences.
10.2. Apa Nova Bucharest shall not be held responsible, under any circumstances, for the direct or indirect damage caused to the Client following the non-operation or inappropriate operation of the service.
11. Duration of the Contract
11.1. The Contract is applicable until the termination of the main contract with Apa Nova Bucharest, unless terminated earlier due to the above mentioned causes.
12.1. Apa Nova Bucharest ensures, in accordance with the law, the confidentiality of the personal data of the Client and protects his private life in what regards the processing of personal data. This obligation shall not apply to any information disclosed by the Client to third parties.
12.2. The processing of personal data shall be carried out by Apa Nova Bucharest in accordance with the law, in good faith, for legitimate purposes of signing and application of other service contracts of Apa Nova Bucharest, respectively service provision contracts of Apa Nova Bucharest.
12.3. The Client declares that he agrees to the processing of his personal data, including his personal identification code, and he acknowledges that he benefits from the rights set out by Law no. 677/2001, especially by: (a) right of access (right to request confirmation, free of charge, whether his personal data is processed or not by Apa Nova Bucharest), (b) right of intervention on the data (the right to request and obtain rectification, update, blocking of erasure of his personal data, its transformation into anonymous data, and the notification to third parties whose data has been disclosed of any interference with the data, unless such modification proves impossible or disproportionate to the legitimate purpose which may be prejudiced), (c) the right to object (to oppose at any time, for admissible and legitimate reasons related to his particular situation, to the processing of his personal data, unless otherwise specified in the law), (d) right to seek judicial redress for the protection of any of the rights guaranteed under Law no. 677/2001 that have been breached and for the payment of compensation.
13. Final provisions
13.1. Any misunderstandings about the execution of this Contract shall be first solved amiably by the parties.
13.2. Where such a solution proves impossible, the dispute shall be addressed by the courts of Bucharest. All the legal relationships which arose, were modified or have expired on the basis of this Contract are governed by the Romanian law.
13.3. The provisions of this Contract are considered as entirely and unconditionally accepted by the Client once he accesses the Service.
You can use this application to access information on your last invoice at any time. The Customer Area is open to all the customers of Apa Nova Bucharest, whether natural persons, legal persons or homeowners' associations. This application shall be accessed based on an e-mail address and a password which may be changed if the respective person chooses so.
The Customer Area is an useful instrument for the Apa Nova Bucharest customers, which provides various features for self-managing the account and the online visualization of the electronic invoice for the services of Apa Nova Bucharest.
The Customer Area is a highly secured application: no unauthorized persons may access your account. The Service is free of charge, easy to use and available 24/7.
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