1. Terms and Conditions – Service Provision Contract
This represents the contractual agreement between Unserver Business Solutions S.R.L., with its registered office in Târnaveni Municipality, Strada 1 Decembrie 1918, No. 26, Sc.B, Ap.8, Mureș County, registered at the Trade Registry under No. J26/804/2014, Fiscal Code 33532152, having the current account RO63INGB0000999904524051 opened at ING Bank Romania, as the Provider, and the Client, which governs the conditions of use of the software license for the Malwarebytes program and the related services, collectively referred to as “Cybernyx.”
This contract establishes the rights and obligations of both parties in relation to the Cybernyx service.
Definitions
“Contract” is the legal agreement between Unserver Business Solutions S.R.L. and the Client for the use of the Cybernyx service.
“Client” refers to an entity, a legal person, whose legal representative has accepted the terms of this Contract upon placing an order for Cybernyx.
“Cybernyx” refers to the subscription-based service, which includes the installation, management, monitoring, and technical support for the Malwarebytes software, called the “protection agent,” on the Client’s device.
“Malwarebytes Software” represents any cybersecurity software developed by Malwarebytes Inc., which uses databases to identify and eliminate known forms of malware from users’ devices. The product is effective against a wide range of recognized cyber threats, offering protection through malware signature-based detection methods.
“Technical Support” means the process of installing, configuring, updating, and monitoring the software product. Technical support can be provided through various channels, such as phone, email, and remote connection, and aims to ensure the optimal functioning of the software that secures the Client’s devices.
“User” means an employee or another natural person within the Client’s entity who uses, has access to, or benefits from Cybernyx.
“Device” refers to all types of equipment on which the Malwarebytes software within the Cybernyx service can be installed, such as servers, desktops, laptops, tablets, and mobile phones.
2. Acceptance of this Contract
This contract applies to all orders placed through the website www.cybernyx.eu.
The Client is obligated to acknowledge these conditions before placing an order.
All placed orders imply the Client’s acceptance of the Terms and Conditions – Service Provision Contract and the Privacy Policy.
Acceptance of this contract is done by checking the boxes “I agree with the Terms and Conditions – Service Provision Contract” and “I agree with the processing of my personal data in accordance with the Privacy Policy.”
3. Price, Order, Payment Methods, Duration of the Contract
The price of the Cybernyx service is per device per month and is displayed in dollars. The total monthly subscription price for the Cybernyx service is calculated on the order form as follows: Cybernyx service price x number of devices selected by the Client.
By placing an order for the Cybernyx service through the form on the website www.cybernyx.eu, the Client acquires the right to use the Malwarebytes software license, along with the associated technical support services.
The service provider will issue an invoice to the Client on the 28th of each month for the current month, with the total amount payable calculated at the BNR exchange rate on the invoicing date. The provider will invoice for the current month based on the number of protected devices. Payment of the invoice is made in lei, by bank transfer or card payment, within 5 calendar days.
This contract remains valid for the entire period in which the monthly invoice for the contracted services is properly and timely paid by the Client.
The Client’s subscription will be automatically renewed for periods equal to the initial subscription duration and will be charged according to the rates at that time, unless the Client cancels the subscription before the next scheduled billing date.
Any changes to the number of protected devices will be made by the Client in writing to the email address: [email protected].
Our prices may change, and we will notify you in advance.
If the Client does not pay the monthly invoice within 30 calendar days from the due date, this contract will be automatically terminated without the need for prior notice from the service provider. Reactivation of services and the contract can only be done by paying the current invoice.
4. Client Obligations
To benefit from the Cybernyx service, the Client must have internet access and provide access to the device for the Provider.
The Client agrees not to use the Malwarebytes program for illegal or fraudulent purposes. The Client is solely responsible for the activities conducted on the devices, including data management and backup.
The Client acknowledges that the intellectual property rights to the Malwarebytes software belong exclusively to Malwarebytes Inc.
The Client is responsible for immediately notifying the Provider of any security incident or suspected data compromise, so that rapid intervention can be made to limit damages.
The Client will cooperate with the Provider by providing access to the necessary systems and information for security assessments, monitoring, and rapid intervention in case of incidents.
It is the Client’s responsibility to provide periodic cybersecurity training to their employees to help them recognize and avoid common threats such as phishing, social engineering, and other types of attacks.
5. Provider Obligations
The Provider agrees to install the Malwarebytes software, hereinafter referred to as the “Protection Agent,” on the devices specified by the Client, according to the orders placed by the Client.
The Provider commits to periodically update the cybersecurity software provided by the manufacturer to ensure that it is effective against the latest cyber threats.
The Provider will continuously monitor the Client’s devices through the software to detect and respond to cybersecurity incidents. This includes intrusion detection, malware detection, and other suspicious activities.
The Provider will offer technical assistance and support for all issues related to the provided cybersecurity solutions. Support will be available remotely, by phone, and by email.
In the event of identifying a potential security breach, the Provider commits to notify the Client within a reasonable time and actively collaborate to resolve the situation.
The Provider agrees to inform the Client via email about any changes to the contractual conditions. The notification will be sent to the email address provided by the Client when completing the order form. It is the Client’s responsibility to ensure that the email address is valid and accessible to receive such communications. Changes will become effective 30 days from the date the notification is sent.
The Provider commits to performing the services stipulated in this contract with the utmost diligence and professionalism.
6. Limitation and Exclusion of Liability
The Provider shall not be liable for any direct, indirect, incidental, special, punitive, consequential damages, or for any loss of revenue, data loss, misuse of data, damages that may or may not have been foreseeable by both parties, damages caused, for example, by viruses, malware, or other harmful programs, loss or damage to company data. The Provider’s maximum liability for any damages arising from or in connection with this contract or the Client’s order or from any other causes shall be limited to the amount of the monthly subscription paid to the Provider.
The Client acknowledges and agrees that no service or cybersecurity software product can guarantee the detection and neutralization of all cyber threats. Consequently, the Client agrees not to hold the Provider responsible for data loss, damages of any kind, or other losses that may result from the software’s inability to detect all cyber threats. This disclaimer applies throughout the entire period the Client uses the services.
Each Party acknowledges that the terms set forth in this Contract, including limitations, disclaimers, and warranties, are fundamental to the conclusion of this agreement. They represent a fair balance of risks between the Parties, are reasonable, and essential for the existence of this Contract. Without these limitations, the economic terms of the Contract would have been significantly different or possibly the agreement might not have been concluded at all.
7. Force Majeure
Force majeure is understood as an event beyond the control of the parties, unpredictable and insurmountable, occurring after the conclusion of the contract and which prevents the parties from fulfilling their contractual obligations, in whole or in part.
Force majeure can be invoked by either party within 5 days, and the party invoking it is obligated to provide proof and to communicate it in writing to the other party.
This contract is governed by and interpreted in accordance with Romanian law, regardless of the registered office/workplace address of the contracting parties. All parties commit to complying with the legal provisions of Romania in the execution and interpretation of their contractual obligations, thus ensuring a unified and predictable legal framework.
