Terms of Use

  1. Introduction
  2. SC MOBILE TOUCH S.R.L. ("MT") is providing several services such as software development, software downloads, downloadable resources and a website. All mentioned services ("SERVICES") are subject to the following Terms and Conditions ("TERMS AND CONDITIONS"). By using one or several services including: application of MT to develop software request of support, maintenance or consulting download or use of software and other resources from the webpage purchase of a Software license from MT you agree to the Terms and Conditions described herein. MT reserves the right to update these Terms and Conditions without notice. The Terms and Conditions are applicable to all users and/or visitors.

  3. Software and Resources available on the website
  4. MT reserves the right to change, update or modify the content of the website, to change the structure and the accessibility without prior notice. All the information, documents and programs used by this site are the exclusive property of MT, except when stated otherwise. The use of any text, image, document, program or construction element used without the written approval of MT is strictly forbidden and subject to the copyright infringement. The purpose of the website is to inform the users regarding the current activity of the company, accessing the website being free of charge. MT and this website makes it available for the visitors to use programs and user manuals proviso not to copy, modify, create any derived versions, not to attempt in any way to use the source code of the programs provided by MT, not to sell, assign or give away the usage rights to a third person, or to transfer in any way the license on the MT programs.

    The users agree not to modify the programs in any way or to use modified versions of the programs. They also agree not to access the services provided using any other means instead of the interface for accessing the website made available by MT. Any software or resource made available to download is the copyrighted work of MT and/or its suppliers. The specific license of the particular software or resource applies if available. If not otherwise stated, the following disclaimer of warranty applies to all resources available on the website:

    The software and related resources are provided by the licensee ''as is'' and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the regents or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

    Copy, reproduction or distribution of the software, source, documentation and images to any other location is expressly prohibited.

  5. Software and Game Development
    1. The basis for creating custom-designed programs shall be the written performance specifications that are either provided by you or drawn up by MT at your charge, on the basis of documentation and information provided by you. Inspection of the performance specifications for correctness and completeness is in your reach of responsibility and is to be initiated by you as a sign of your assent. Requests for modifications after mutual consent to a particular specification has been reached can result in separate deadline and price agreements.
    2. For individually created software or program adaptations, your acceptance of each program is required 10 days after its delivery by MT at the latest. You are to confirm your acceptance in a record of the transaction. Should 10 days without formal acceptance of the program, the delivered software will be considered as accepted as of the last day of the stated time period. Possible defects i.e. deviations from the written performance specifications are to be reported to you in writing and with sufficient supporting documentation. MT shall make efforts to correct the defects as quickly as possible. If there are serious defects that have been reported correctly, a renewed acceptance of the work following the correction of the deficiency is required. You do not have the right to refuse software because of immaterial defects.
    3. When library or standard programs have been ordered, you confirm by virtue of the order your knowledge of the scope of performance of the ordered program.
    4. Should it prove in the course of the work to be impossible, actually or legally, to complete the order in line with the performance specifications, it is the responsibility of MT to immediately inform you thereof. If you do not change the performance specifications accordingly or induce the changes required to make completion of the order possible, MT can reject performance of the order. If the impossibility of the completion of the order is due to an omission on your part or to a later change by you in the performance specifications, MT is entitled to withdraw from the contract. You are to reimburse MT for costs and fees that fell due in association with the work as well as any dismantling costs.
    5. The shipment of program carriers, documentation, and performance specifications is at your expense and risk. Should you wish further training and explications, they will be billed separately. Insurance will be taken out only in case you request for it specifically.
    6. MT is to attempt to stay as closely as possible to the agreed dates for completion of the order.
    7. The targeted completion dates can only then be met if you make available to MT in full and on the dates established by MT, all the necessary preliminary work and documents, especially the performance specifications and the latter are accepted by MT in accordance with the listed terms herein, and if you fulfill your obligation to cooperate to the extent required. Delays in delivery and cost increases that result from incorrect, incomplete, or subsequently changed data and information or supporting documentation provided to MT, are not in the reach of responsibility of MT and cannot result in MT being in default of delivery. Additional costs so arising are to be borne by you.
    8. In the case of orders that encompass a number of units or programs, MT is entitled to make partial deliveries and to submit partial invoices.
    9. Force majeure, work conflicts, natural catastrophes, and transportation stoppages, as well as other circumstances out of the scope of influence of MT allow MT to set a new delivery date or relieve it of the obligation to deliver.
    10. Cancellation from your part is only possible with the written consent of MT. If MT agrees to the cancellation, it is entitled to charge the services rendered and accrued, as well as an additional cancellation fee of 30% of the value of the total order not yet settled your account.
    11. Notices of defects are valid only if they concern defects that are reproducible and if they are submitted within 4 weeks after delivery of the agreed service or, in the case of custom-designed software, after acceptance of the program, and documented in writing. In fulfillment of the warranty, rectification of defects takes precedence over price reduction or rescission of the order. If the notice of defects is justified, the defects are to be remedied within an appropriate period of time. It is your responsibility to make available to MT all measures required by the latter to investigate the problem and remedy the defects. The presumption of defectiveness is ruled out.
    12. Support provided, diagnosis of errors, remedy of defects and failures that are not within the reach of responsibility of MT, including subsequently ordered corrections, revisions and additions are to be carried out by MT at your charge. These terms also apply to the remedy of errors when program revisions, additions or other interventions have been previously carried out by you or by a third party.
    13. Furthermore, MT assumes no warranty for defects, failures or damages that are due to improper use, altered components in the operating system, interfaces and parameters, the use of inappropriate organizational resources and data, program carriers when stipulated, unusual operating conditions (particularly deviations from the installation and storage provisions) or damage during shipment.
    14. Any warranty of MT for programs expires with any alternations to the program undertaken by you or third parties.
    15. MT or its licensors retain all copyrights on the agreed services (programs, documentation, etc.). Copyrights on services of MT obtained through a license agreement with MT only become valid after payment of the agreed remuneration in full and are strictly limited to the use by the licensor, exclusively in conjunction with the hardware specified in the contract. Simultaneous use of any products or services of MT at different workplaces must be in accordance with the number of licenses acquired. Copyrights on services of MT obtained through a license agreement with MT are limited to the use the software. Further distribution of the product is not permitted. Products and services of MT are also protected by copyright law. Participation in the production of the software is not associated with any rights to the software or any other services of MT beyond their use as set forth in this contract. Any infringement of the copyrights of MT will result in the right to claim damages. In this case, MT is entitled and to full satisfaction.

  6. Prices, Taxes and Fees
  7. All prices are in Euro and do not include sales tax or VAT if the latter are applicable.

  8. Payment
    1. The invoices submitted by MT, including of sales tax or VAT if applicable, are payable at the latest 14 days from receipt of the invoice without any deductions and free of charges. The same conditions apply to partial invoices. In case of partial invoicing, the terms of payment for the entire order are composed of the terms for each of the partial invoices.
    2. Where orders encompass a number of units (e.g., computer programs and/or training sessions, completion in stages), MT is entitled to submit an invoice after delivery of each unit or service.
    3. Payment on the agreed-upon dates is an essential condition for delivery and for fulfillment of any contract by MT. Failure on your part to comply with the agreed payment schedule entitles MT to discontinue any previous work and to withdraw from the contract. All costs connected therewith as well as loss of profit fall to your account. In case of delayed payment, interest on payment in arrears will be charged at customary bank rates. In case two consecutive installments are not paid on time, MT has the right to enforce non-compliance and to call accepted drafts.
    4. Incomplete total delivery in case of completion in stages, guarantee or warranty claims, or other complaints do not constitute a right to withhold payment for services of MT.

  9. Liability
  10. To the maximum extent permitted by applicable law, in no event shall MT or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use its services, even if MT has been advised of the possibility of such damages. In any case, MT's entire liability under any provision of these Terms and Conditions shall be limited to 5.00 €.

  11. Jurisdiction and Choice of Law
  12. Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Romanian law. Romanian law shall also be applied in case of you reside outside of Romania. You expressly agree that exclusive jurisdiction for any claim or dispute with MT linked in any way to your use of its services resides in the competent court in the town of Iaşi, Romania.

  13. Severability
  14. Should individual terms of these Terms and Conditions be or become inoperative, this will not affect the remaining terms of this agreement. MT and you will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.