Terms of Service
Service Level Agreement and Terms of Use
Effective Date: January 1, 2025
Last Updated: December 06, 2025
Governing Law: Romanian Law
1. Agreement Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Customer," or "you") and DATARAV ("Company," "we," "us," or "our"), a data center and hosting services provider registered and operating under Romanian law. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Service Definitions
2.1 Colocation Services
Physical rack space, power, cooling, and network connectivity provided within our data center facilities located in Romania. Services include cabinet rental, cross-connects, remote hands support, and physical security access.
2.2 Dedicated Server Hosting
Provision of physical servers managed and maintained by DATARAV, including hardware, operating system installation, network configuration, and ongoing maintenance.
2.3 Cloud Hosting Services
Virtualized computing resources including virtual machines, storage, and networking capabilities delivered on a scalable, on-demand basis.
2.4 Managed Services
Additional support services including server administration, security monitoring, backup management, disaster recovery, and technical support beyond standard service levels.
3. Service Level Agreement (SLA)
3.1 Uptime Guarantee
DATARAV guarantees 99.9% network uptime and 99.9% power availability on an annual basis, measured per calendar month. Uptime excludes scheduled maintenance windows announced at least 72 hours in advance and force majeure events.
3.2 Service Credits
In the event of SLA breach, customers are entitled to service credits as follows:
- 99.0% - 99.89% uptime: 10% monthly service credit
- 98.0% - 98.99% uptime: 25% monthly service credit
- Below 98.0% uptime: 50% monthly service credit
Service credits must be claimed within 30 days of the incident and will be applied to future invoices. Credits are the sole remedy for SLA breaches.
3.3 Support Response Times
Technical support is provided 24/7/365 with the following target response times:
- Critical (Service Down): 15 minutes
- High (Major Impact): 1 hour
- Medium (Limited Impact): 4 hours
- Low (General Inquiry): 24 hours
4. Payment Terms
4.1 Billing and Invoicing
Services are billed monthly in advance unless otherwise specified in the service agreement. Invoices are issued in Romanian Lei (RON) or Euro (EUR) and include applicable Romanian VAT (currently 19%).
4.2 Payment Methods
Payments are accepted via bank transfer, credit card, or direct debit. Payment is due within 14 days of invoice date. Late payments may incur interest charges of 0.5% per month or the maximum allowed by Romanian law, whichever is lower.
4.3 Setup Fees and Deposits
One-time setup fees may apply for initial service provisioning. A security deposit equivalent to one month's service fee may be required for new customers or upon credit assessment.
4.4 Price Changes
DATARAV reserves the right to modify pricing with 60 days written notice. Price changes do not apply to existing fixed-term contracts until renewal.
5. Customer Obligations
5.1 Acceptable Use
Customers must use services in compliance with all applicable Romanian and EU laws. Prohibited activities include but are not limited to:
- Hosting or distributing malware, viruses, or malicious code
- Unauthorized access to networks or systems (hacking)
- Distribution of copyrighted material without authorization
- Sending unsolicited bulk email (spam)
- Hosting adult content without explicit written approval
- Activities that violate Romanian criminal code or EU directives
- DDoS attacks or network abuse
5.2 Data Security
Customers are responsible for implementing appropriate security measures for their data and applications. DATARAV provides infrastructure security but is not responsible for customer application-level security.
5.3 Backup Responsibility
While DATARAV may provide backup services, customers are ultimately responsible for maintaining their own backup copies of all data. DATARAV is not liable for data loss except as explicitly covered by managed backup service agreements.
6. Data Protection and Privacy
DATARAV processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and Romanian Law 190/2018. As a data processor, we implement appropriate technical and organizational measures to protect customer data.
Our detailed privacy practices are outlined in our Privacy Policy and GDPR Compliance Statement.
7. Service Suspension and Termination
7.1 Suspension Rights
DATARAV may immediately suspend services without liability if:
- Payment is more than 14 days overdue
- Customer violates acceptable use policies
- Customer's activities pose security risks to infrastructure
- Required by law enforcement or legal order
7.2 Termination by Customer
Customers may terminate services with 30 days written notice. Early termination of fixed-term contracts may incur cancellation fees equal to remaining contract value.
7.3 Termination by DATARAV
DATARAV may terminate services with 30 days notice for convenience or immediately for cause (repeated violations, non-payment, or illegal activities).
7.4 Data Retrieval
Upon termination, customers have 30 days to retrieve their data. After this period, DATARAV may delete all customer data without further notice.
8. Liability and Indemnification
8.1 Limitation of Liability
DATARAV's total liability for any claims arising from these Terms or services provided shall not exceed the fees paid by customer in the 12 months preceding the claim. DATARAV is not liable for indirect, incidental, consequential, or punitive damages.
8.2 Force Majeure
DATARAV is not liable for failures or delays resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
8.3 Customer Indemnification
Customer agrees to indemnify and hold harmless DATARAV from any claims, damages, or expenses arising from customer's use of services, violation of these Terms, or infringement of third-party rights.
9. Intellectual Property
Customer retains all rights to their data and content. DATARAV retains all rights to its infrastructure, software, and proprietary technologies. Customer grants DATARAV limited license to host and process customer data as necessary to provide services.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms are governed by Romanian law. Any disputes shall be subject to the exclusive jurisdiction of Romanian courts, with venue in Bucharest, Romania.
10.2 Dispute Resolution
Parties agree to attempt good-faith negotiation to resolve disputes before initiating litigation. Either party may request mediation through the Romanian Chamber of Commerce and Industry.
11. General Provisions
11.1 Entire Agreement
These Terms, together with any service-specific agreements and order forms, constitute the entire agreement between parties and supersede all prior agreements.
11.2 Amendments
DATARAV may modify these Terms with 30 days notice. Continued use of services constitutes acceptance of modified terms.
11.3 Severability
If any provision is found unenforceable, remaining provisions remain in full effect.
11.4 Assignment
Customer may not assign or transfer these Terms without written consent. DATARAV may assign rights to affiliated entities or in connection with merger or acquisition.
12. Contact Information
For questions regarding these Terms of Service, please contact us:
DATARAV
Legal Department
Email: [email protected]
Phone: +40 (0) 21 XXX XXXX
Business Hours: Monday - Friday, 9:00 - 18:00 EET
Notice: These Terms of Service are provided in English for convenience. In case of disputes, the Romanian language version shall prevail. By using our services, you confirm you have read and understood these terms.
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