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Terms and conditions

Dear users,

please read as carefully as possible this document describing the terms and conditions for the provision and use of all services available via www.alonia.ro. This document is a remote Contract and represents an Agreement for using the services, being hereinafter referred to also as "Agreement" or "Contract".

The services available via www.alonia.ro are offered to you provided that you fully accept the provisions given below. Therefore, the use of the services represents your implicit agreement with the terms and conditions of their provisions and use.

Alonia Services Provider: www.alonia.ro as well as all software applications accessible via this site are the ownership of MEDIA SAT S.R.L. company, with headquarters at 99 Ferdinand Bd., Sector 2, Bucharest, Romania, registered with the Trade Register No. J40/8723/1997, fiscal identification code RO9942028,ANSPDCP Registration Number 8441/15.02.2008, Tel:+40.31.82.52.700, Fax: +40.31.82.52.696, e-mail: office@mediasat.ro.

Exclusive Ownership: The applications provided via www.alonia.ro are the exclusive ownership of MEDIA SAT S.R.L. Nothing in this Agreement shall allow for altering, creating applications / derived software, decompiling, disassembling or hacking the software or any other MEDIA SAT application. The content accessed via the Alonia application is and shall remain the exclusive ownership of the content providers accessed.

Advertising: Alonia activity is partially supported by selling advertising, e.g. issuing advertising texts and materials on the application window or on the web site. By using Alonia, you agree with this policy of recovering the costs for the provision of the services.

Alteration of the Agreement: MEDIA SAT is entitled to alter at any time the content of this document and the services fees with no prior advice to users, by publishing the new provision conditions on www.alonia.ro. Users are bound to check the content of this document as well as the phone rates on a permanent basis. Further use of the services means a positive answer for accepting the alterations and user's agreement to conform thereto.

Conditions for Providing and Using the Services:

In order to use any of the Alonia services, the user should have the necessary equipment (computer, modem or VoIP phone, as case, INTERNET connection, etc.), access to such means being his/her exclusive responsibility. The user understands that the use ofAlonia services involves the following technical operating conditions:
» 80 kbps Internet connection guaranteed (no compression)
» Reply times < 150ms
» Jitter < 30ms
» Package loss < 1%

MEDIA SAT offers the services based on the "as available" principle and does neither expressly nor implicitly guarantee the continuous operation of the services and their availability for the user. MEDIA SAT offers no quality or performance guarantees, does neither guarantee the lack of programming errors nor security and is not responsible for any kind of direct, consequential, accidental damages, loss of data, profit or any other kind of losses resulting from using Alonia services.

Alonia Phone services may not be usually used to place calls to premium calls, toll free calls, operator assisted calls, special calls, third party billed calls, directory enquiry services, collect calls or to call certain high-priced prefixes.

MEDIA SAT reserves the right to alter or discontinue (on a temporary or permanent basis) its services without giving prior notice at any time. MEDIA SAT is not liable to you or any other institution or third party either for the discontinuation or suspension of the services offered by the site or for the direct or indirect losses, of certain business opportunities or for the benefits not yielded by you or by third parties you are in contact with, as a result of the services failing to work at all or working improperly.

Alonia Romania Unlimited Subscription: Romania Unlimited subscription is available exclusively via card payments in a recurring mode, monthly subscription charges being drawn automatically without requiring any additional user agreement beyond the initial subscription to the service. Automatic charging will only interrupt in case the user unsubscribes to the service. This can be done on Alonia website, after logging into your account.

Unsubscribing can be done anytime, when you unsubscribe service remains active until the end of the last month with subscription already charged

Monthly subscription charges on the card will be generated the day before the monthly anniversary of the subscription, in order to ensure continuity of the service and to avoid deactivation of the subscription if the corresponding monthly payment is not validated in time.

In case of impossibility of charging on the card, the subscription will be disabled on the anniversary there of (subscription will no longer be active, all calls to Romania being charged at standard tariffs and deducted from the credit of the user) and charging will beperiodically retried during next month. If after 1 month the charging could not be performed, the user can be automatically unsubscribed from the service.

Alonia Romania Unlimited subscription is provided exclusively for individual use by the client, as the end user of the services, for its own needs, and not in the scope of profit. Any form of abusive use of the subscription is forbidden, like for example, but not limited to:

» Sale to third parties of minutes and / or terminating via Alonia telephone traffic generated in any other telephone network;
» Using Alonia subscription for telemarketing, telesales or other call center activities ;
» Sharing Aloni asubscription between users;
» Calling numbers to generate a volume of traffic that will result in any usage bonuses;
» Unusual calling patterns inconsistent with individual consumption, such as, but not limited to many calls generated consecutively with very short duration, many calls to different numbers generated with short breaks between calls, voice traffic that exceeds a monthly consumption of 5000 minutes, outgoing calls at least four times more than calls received.

User understands that any form of abusive use is a fraud, a violation of "best practices" in the field and attracts his liability for all services provided by MEDIA SAT and for the entire period of use, regardless of which service was as certained fraud. From the date of determining the fraud, MEDIA SAT has the right to suspend/restrict all services and/or terminate contracts for all MEDIA SAT services without any prior notice. MEDIA SAT is entitled also to a compensation in the amount of 3.500 EUR/month of usage per user, compensation that will automatically be retained by MEDIA SAT from any amounts paid in advance by the client, regardless of the contract under which they have been paid or it will be recovered from the client in court, together with all legal charges generated.

User Account: In order to use the Alonia services you undertake to fill out the site registration form with real, complete and accurate data and to renew the same when necessary to maintain it real and complete.

If the information supplied by you in the form is not real or it is inaccurate or incomplete, MEDIA SAT reserves the right to cancel or suspend your account and no longer allow you access to any of its services.

Access to Alonia services is made based on individual access codes or passwords. The user is liable for keeping the user account and password confidential and shall report any unauthorized use thereof.

The user is fully responsible for all activities and information sent from his/her account or as well as the actual use thereof, whether made with or without his/her will. The user agrees to inform immediately MEDIA SAT of the provisions concerning his/her account being breached. The user agrees to use the logout command when ending the session of using the applications. MEDIA SAT shall not be responsible for the consequences of failing to comply with these regulations by the user. In case of unauthorized accessing of the account by third parties, for any reason, MEDIA SAT undertakes no responsibility for the consequences that may occur. Also, MEDIA SAT is exonerated from any liability in case the user account and password lose their confidentiality or for any damage resulting from the user not being able to conform to the safety measures set out above.

The user (the consumer for the purpose of the applicable law in the field of consumer protection) understands and agrees by using Alonia applications that the provision by MEDIA SAT of the electronic communications services purchased online starts after all sign-up formalities requested are fulfilled. The provision of the electronic communications services starts, with user's agreement, before the expiry of the 10 business days set out under art.7 (par. 1) of GO no.130/2000 on consumer protection upon the conclusion and execution of the remote contracts.

User's Obligations The user agrees to use MEDIA SAT services only for legal purposes, undertaking to this end not to do any of the following:

» Publish copyrighted materials unless he/she is the author or has the permission of the author to publish them;
» Carry out fraudulent activities via the services provided by MEDIA SAT, thereby understanding, by way of example, false sale/purchase offers for products or services, financial cheating, covered-up swindling, software piracy;
» Alter, distribute, send, post, publish, reproduce, grant licenses, make derived products, transfer or sell any kind of information or services obtained from or via Alonia applications and website;
» Publish images or texts with explicit sexual content, defamatory, obscene, threatening materials, materials with explicit content concerning physical or verbal violence or other acts of cruelty, materials referring to the use, manufacture, sale of weapons or drugs;
» Upload, send any material with computer virus or any other computer code, which is programmed to destroy, disturb or restrain the use (or any other use except for the correct and acceptable use of the services) on each of the computers, networks, materials and programs found in the use of the company in order to supply Alonia services;
» Interfere with or affect the networks connected to the website or breach this way the procedural needs of the websites;
» Affect intellectual property rights, trading logos or any other rights incumbent on the materials published on MEDIA SAT websites;
» Add, copy or retrieve personal information about other users, for economical purposes or for bringing a prejudice thereto; harass people via Alonia services;
» Sell Alonia services to third parties and/or terminate via Aloniatelephone traffic generated in any other telephone network by any user;
» Use abusively Alonia subscription, as described in the present Agreement.

The user understands that failure to comply with these provisions may cause significant damage to MEDIASAT and undertakes to fully compensate MEDIA SAT for any of these damages

Credit and Phone Number Allocated: The credit for phone calls is valid for 1(one) year after its last update, becoming 0 (zero) when this period expires. When buying credit, Alonia will allocate a phone number to the user. This number is valid only during the validity of the credit for calls. In case the credit is 0, the call number can be withdrawn to the user and reallocated to other user according to MEDIA SAT policy.

Processing Personal Data: According to the requirements of Law no. 677/2001 on protection of persons concerning the processing of personal data and the free circulation of such data, amended and supplemented and of Law no. 506/2004 on the processing of personal data and protection of private life in the electronic communications sector, MEDIA SAT is bound to administer under safety conditions and only for the said purposes, the personal data you supply regarding yourself, a member of your family or any other person. The data is intended for providing Alonia services, processing users' orders or requests, checking the credit and the expenses, for statistics, in order to prevent or identify frauds and in order to build a database for informing the public on the products/services of MEDIA SAT or of MEDIA SAT partners or clients.

The user understands that he/she is not bound to supply the data, this being necessary also for informing on promotional campaigns, for advertising purposes, for marketing and advertising actions. The refusal to supply the data results in MEDIA SAT services not being provided and you not participating to the promotional activities organized by MEDIA SAT and/or MEDIA SAT partners and clients.

According to Law no.677/2001, you benefit from right of access to, intervention on the data, the right of not being subject to an individual decision and of going to court. At the same time, you are entitled to oppose to your personal data being processed and to request that data is deleted. To exercise such rights you can send a written, dated and signed request to MEDIA SAT at: 99 Ferdinand Bd., Sector 2, Bucharest, Romania. Also, you are acknowledged the right to go to court.

Failure to Comply with Provisions: MEDIA SAT is entitled to terminate immediately and with no prior notice the provision of the services in case of failure to comply with the provisions of this Agreement. Users shall indemnify MEDIA SAT for any prejudice caused, including lawyers' fees - should the provisions here in be breached.

Jurisdiction/Applicable Law: This Agreement is governed and construed in accordance with the laws of Romania. Disputes arising from the performance of this Agreement shall be settled amicably, being otherwise referred to the Romanian competent court in Bucharest, with the enforcement of the Romanian law.

Alonia services can be accessed from anywhere in Romania and from abroad. MEDIA SAT offers no insurance concerning the fact that the applications and the content of the Alonia site is subject to the laws of other countries besides Romania. If the user accesses the services and the website, he/she does so at his/her risk and he/she is responsible alone for complying with the laws of the territory where he/she is.