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TERMS AND CONDITIONS OF USE

PLEASE READ THE TERMS AND CONDITIONS OF USE BEFORE USING THE "BE-SMART" SOLUTION.

  1. INTRODUCTION

This legal agreement between you and Smart Team Solutions LTD governs your use of the "BE-SMART" solution. You may use the "BE-SMART" solution only in accordance with these Terms and Conditions.

The services provided through the "BE-SMART" solution may change over time as we improve or add features. Although not desired, we reserve the right to stop, suspend or modify these services at any time, without being obliged to provide prior notice. With respect to technical issues that may arise while using the “BE-SMART” platform, when its optimal functioning is affected, we are responsible for applying any remediation procedures, including temporarily limiting access or certain functionalities, in order to identify and resolve the situation.

According to the Electronic Commerce Law (Law no. 365/2002 as amended by Law 121/2006) "Art. 7: Validity, legal effects and proof of contracts concluded by electronic means (1) Contracts concluded by electronic means produce all legal effects recognized by law for contracts, when the conditions required by law for their validity are met. (2) For the validity of contracts concluded by electronic means, prior consent of the parties on the use of electronic means is not required."

By accessing the website and using the "BE-SMART" solution you express your agreement to these Terms and Conditions of use. If you do not agree to these Terms and Conditions of use, you may not use the "BE-SMART" solution, the website www.smartteams.co.uk or the associated applications.

This agreement regarding the Terms and Conditions of Use ("the Agreement") constitutes a binding contract entered into between a natural or legal person (or a representative of an entity with separate legal personality) (hereinafter "User" or "you") and Smart Team Solutions LTD (hereinafter "Provider"), regarding the conditions for accessing and using the "BE-SMART" solution by you.

The "BE-SMART" solution or platform is intended for use by persons aged over 18. By using this platform you declare that you are at least 18 years old and you take responsibility that the data and information you provide are true.

The "BE-SMART" solution is not intended, as user or recipient of the service within the meaning of Art.1, points 6 and 7 of Law no.365/2002 on electronic commerce, for a natural person acting in their own name and not as the legal representative of a legal entity with legal personality, whether public or private.

Accordingly, where the "BE-SMART" solution is purchased/used by a natural person acting in their own name and not as the legal representative of a public or private legal entity, that person expressly and unconditionally accepts exclusion from the applicable legislative framework of consumer protection law, as provided by O.G. 21/1992 and other related normative acts. As a result of these expressly assumed provisions by a potential purchaser who is a natural person acting in their own name, that person expressly waives the right—pursuant to the express provisions of O.G. 21/1992 and related acts—to request refund of sums paid as price for use of the "BE-SMART" solution. In this respect, the Provider is entitled to refuse any communication or request of a financial, compensatory or other nature coming from a natural person acting solely in their own name.

  1. DEFINITIONS

For the purposes of this Agreement, unless otherwise defined or given another interpretation in the Agreement or unless the context requires otherwise, the following words and expressions shall have the meanings indicated below:

"User Account / 'BE-SMART' Account" - the registration account created by the User within the "BE-SMART" solution;

"Personal Data" - information relating to a natural person User, such as: first name, last name, Personal Identification Number (CNP), ID card series and number, telephone number, postal address, email;

"Registration Information" - certain personal data for natural persons, and identifying data for legal entities, such as: company name, registered office, registration number at the Trade Register or the court decision establishing the entity, as well as other national/local registers of legal entities as appropriate, Unique Registration Code, including information necessary for issuing invoices (e.g., bank and bank account number, registered office address, telephone number, email);

"Company" - a private legal entity (companies, associations, foundations) or a public legal entity (e.g., ministry, institution, etc.) that creates a "BE-SMART" account through its legal representative or an authorized person;

"Provider" - Smart Team Solutions LTD, a limited liability company organized under the laws of the United Kingdom, having its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

"'BE-SMART' Solution / 'BE-SMART' Platform" - the web page titled "BE-SMART", the pages available after authentication (the "BE-SMART" web portal), as well as the smartphone/tablet applications owned and administered by the Provider.

"e-invoice" - the XML file that complies with the structure approved by the tax authorities.

"XML upload" - the procedure by which the user uses the "BE-SMART" platform to transmit into the e-invoice system all issued invoices.

"Invoice summary" - email that the "BE-SMART" platform sends daily (or whenever there are invoices issued and/or received by the user).

"Invoice errors" - email that the "BE-SMART" platform sends each time the user uploads XML files that do not match the structure approved by the tax authorities for the e-invoice.

"Archiving of e-invoice files" - the Provider electronically archives the document called e-invoice in the format agreed with the tax authorities (XML and validated XML) as well as in PDF format for the legally required period.

"My files" - the location where the documents called "e-invoice" are electronically archived. User access to this archive is via the user's account on the "BE-SMART" platform.

"Dashboard" - part of the "BE-SMART" platform where the Provider makes reports and analyses available to the user based on documents submitted by the user or third parties (trial balances, journals, etc.).

"e-Invoice Reports" - reports for invoices (exclusively within the e-invoice system) sent by the user and received by the user in a chosen interval.

"VAT Forecast" - VAT simulation for the period chosen by the user

  • Does not include situations specific to VAT on collections
  • Does not include sales recorded exclusively or mainly on a cash register
  • Does not include situations specific to limited deductibility of VAT (fuel, other vehicle-related expenses, hospitality or other non-deductible expenses, etc.)
  • Does not include VAT paid at customs for import customs formalities

"Profit & Loss" - profit and loss account simulated based on documents in the e-invoice system and other documents in the BE-SMART platform submitted by the user or authorized third parties for the chosen period (simultaneously simulating the profit and loss account from the beginning of the fiscal year up to the end of the period chosen by the user).

"Balance Sheet" - the accounting balance sheet for the period chosen by the user.

"Cash Flow" - simulation of receipts and payments for the period chosen by the user. The simulation is generated based on data from the e-invoice system as well as other situations transmitted by authorized third parties: amounts due for various taxes and duties.

"Graphics & Analytics" - charts, analytical situations, financial indicator calculations based on documents from the e-invoice system as well as based on reports submitted by the user or their authorized representatives.

III. AMENDMENTS TO THE AGREEMENT

The Provider reserves the right to amend and modify these Terms and Conditions at any time. The applicable version will be the one published on www.smartteams.co.uk. Changes will take effect immediately after posting on the website, about which you will be notified in the "BE-SMART" solution or by email.

The Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the "BE-SMART" solution or parts of its services, with or without notice. You agree that the Provider will not be liable to you as a user for any modifications, suspensions or discontinuities in the functioning of the provided services.

  1. CREATING AN ACCOUNT, SUBSCRIPTION PAYMENT AND ADDITIONAL SERVICES

The User may create a "BE-SMART" account on www.smartteams.co.uk, in which case they will provide the following information: contact email address, telephone number and the company data for which the "BE-SMART" account is being created.

"BE-SMART" services are available in several subscription variants, and the user may choose any of them.

If a paid subscription is selected, the user may pay by one of the payment methods available within the solution.

Prices in force are those displayed on the website; at the time of payment the amount paid must reflect the total shown on the invoice generated from the "BE-SMART" account or from a personalized offer. Prices may be changed at any time without prior notice.

Online card payment

By making an online payment you agree to be subject to the terms and conditions of the online payment processor. All card information used for payment will be entered only on the secure platform of the payment processor and will be accessed only by that processor. Smart Team Solutions LTD does not access or retain in any way your card information. The secure payment processor is solely responsible for the security of your payment information.

After subscription expiration, your access to the features associated with the expired subscription will be restricted; it is entirely your responsibility to renew the subscription if you wish to continue using the payable "BE-SMART" services.

Payment by bank transfer (OP)

Payment shall be made to any of the accounts indicated on the issued proforma invoice. Payment details should include identifiers such as the invoice paid and/or the Unique Registration Code (CUI) of the company for which the "BE-SMART" subscription/services are purchased.

It is your obligation to inform yourself about bank fees applied to transactions when paying by bank transfer (OP). By paying the "BE-SMART" subscription/services by bank transfer you agree to pay these fees. If you do not inform yourself and/or do not pay the bank fees, the Provider is entitled and will act accordingly:

  • Either it will adjust the subscription validity period according to the final amount actually received by Smart Team Solutions LTD;
  • Or it will decide to suspend your subscription, in which case it will return to your account exactly the amount received by the Provider following the payment you made.

Activation of the subscription is performed via an automatic bank statement processing mechanism in the "BE-SMART" solution. Therefore, subscription activation may take several days, depending on when your bank actually executes the transfer. If more than 3 business days have passed and your subscription has not yet been activated, you may contact us with proof of payment at This email address is being protected from spambots. You need JavaScript enabled to view it..

Subscription renewal (extension)

Upon subscription expiry we send informational notifications to your "BE-SMART" account or by email to addresses associated with the administrator role; ensure that you receive emails from This email address is being protected from spambots. You need JavaScript enabled to view it.; the renewal process is similar to the initial payment: choose an available payment method and activation will depend on the same automated bank statement processing described earlier in the "Payment by bank transfer" section. If your subscription expires and you do not pay for a new paid subscription, your access to the services available through the subscription will be interrupted.

Refunds / returns

After making a payment for the purchase of a "BE-SMART" subscription for a minimum period of 1 year, you have 14 calendar days from the moment of subscription activation to change your mind, only if you have not used any of the services for which you paid. You can request a refund of the amount paid at This email address is being protected from spambots. You need JavaScript enabled to view it. within the 14-day period mentioned above, thereby also renouncing the paid services. Upon refunding the amount, you will lose access to the "BE-SMART" services for which you paid. Subscriptions paid for a period of 1 month, and the value of additional options purchased, are non-refundable.

Additional services

For platform functionalities used beyond the monthly or annual limit granted by the subscription, "BE-SMART" will issue a consumption invoice with the corresponding details. Your right to continue using the platform functionalities will depend on the collection of that invoice.

Recurring payment

The recurring payment module is based on the electronic payment processing and collection system of Netopia Payments.

The mechanism implemented in the "BE-SMART" platform involves the following steps:

  1. The existence of a recurring invoice defined in your solution.
  2. Selection of the option to request the client's consent for recurring payment of issued invoices.
  3. Transmission by email (automatically or manually) of the invoice to your client, which now contains the request for their consent to automatic debiting of the equivalent of the service provided or goods supplied, on a recurring basis, and the information associated with it, namely the applicable terms and conditions.
  4. After obtaining your client's consent, the processor Netopia Payments will record that option and will also transmit it to the "BE-SMART" platform in the form of an authorization token, valid until it is explicitly revoked by your client or by you as the beneficiary.

"BE-SMART" will request a new consent from your client when essential information associated with the recurring invoice changes, as follows: a. Currency of the recurring invoice/subscription b. Amount of the recurring invoice/subscription c. Frequency of the recurring invoice/subscription

Responsibilities i. You, the "BE-SMART" User, have the obligation to inform your final client who will make the payment about the conditions for using the service and you are responsible for the invoice(s) to which you apply recurring payment, which must reflect the contract between you and your client or the service provision agreement you offer. ii. The client who gives consent for recurring payment is responsible for using valid card data and for updating those details so that payments are correctly recorded through this mechanism implemented in "BE-SMART" through the payment processing mechanism provided by Revolut Bank. iii. The "BE-SMART" platform will save the confirmation of payment received from the payment processor Revolut Bank. You will find this confirmation in the client's account.

Features you can test (Beta / Newly launched)

As new features of the "BE-SMART" platform are developed, Smart Team Solutions LTD may make them available to you free of charge for limited periods for testing.

These Terms and Conditions of use apply at all times when you use the "BE-SMART" solution, including during testing of functionalities. Also, functionalities made available for testing may be subject to certain technical limitations and constraints that we will communicate at the time those features are activated.

Some features may be available for free testing even if they are part of a paid package or are available as an extra option. After the trial period expires, you may opt to purchase the package/extra option giving access to that feature. Some features may also be accompanied by the option to purchase installation/configuration services. All price-related aspects will be communicated prior to purchase.

  1. USER REPRESENTATIONS

By using the "BE-SMART" solution you represent and warrant that:

  • all registration information you provide is correct, accurate and not misleading;
  • the data and information provided are true at the time of completing the request;
  • you are the legal representative of the company you register in the "BE-SMART" solution or you have authorization from the legal representative to register the legal entity in "BE-SMART". Otherwise, you understand and accept that the Provider may block your access to "BE-SMART" and may require you to prove that you are the legal representative of the company or that you have approval to register the company in "BE-SMART". In this regard, you do not act as a private individual in your own name and you do not claim, in relation to this express declaration, the guarantees conferred by consumer protection legislation, specifically O.G.21/1992 and other related normative acts. Thus, you accept that the Provider cannot refund money, including but not limited to the price of the solution, to recipients who are natural persons acting in their personal capacity.
  • you are at least 18 years old.
  1. PROHIBITED ACTIVITIES

You may not access or use the "BE-SMART" solution for any purpose other than that for which the Provider makes it available and presents it publicly at www.smartteams.co.uk. Prohibited activities include, but are not limited to:

  • criminal or harmful activities, including child pornography, fraud, trafficking of obscene materials, drug trafficking, gambling, harassment, stalking, sending unsolicited electronic messages, copyright infringement, patent infringement or theft of trade secrets;
  • systematically extracting data or other content from the "BE-SMART" solution to create or compile, directly or indirectly, a collection, compilation, database or directory without the Provider's written consent;
  • any unauthorized use of the Provider's Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited emails;
  • engaging in unauthorized embedding on a support of the "BE-SMART" solution or unauthorized connection to the "BE-SMART" solution;
  • engaging in any automated use of the system, such as using scripts to add friends or post comments or messages, or using any data-mining algorithms, bots or other similar data collection and extraction tools;
  • interfering with, disrupting or creating an excessive load for the "BE-SMART" solution

attempting to impersonate another User or any other person;

  • using a User Account that belongs to another User;
  • using any information obtained through the "BE-SMART" solution to harass, abuse or harm another person;
  • using the Provider’s Services as part of any effort to compete with the Provider or to provide services as an agent or representative;
  • decrypting, decompiling, disassembling or otherwise reverse engineering any software that is part of the "BE-SMART" solution;
  • using the "BE-SMART" solution in a manner that is incompatible with applicable laws and regulations;
  • creating an account and/or using the "BE-SMART" solution on behalf of a legal entity for which you are not the legal administrator or for which you do not have the company’s consent.

If the User is found to have committed one or more of the actions listed (non-exhaustively) in this Section VI, the Provider may, depending on the type of prohibited action:

  • report the matter to investigative authorities and automatically provide all your relevant data;
  • suspend your user account pending completion of investigations or until the date on which "BE-SMART" representatives decide, at their sole discretion, to reactivate the account;
  • undertake both of the above measures together with any other actions necessary to restore the prior situation.

In any of the situations referred to (non-exhaustively) in Section VI, to the extent that the Provider suffers any damage, incurs costs or experiences a reduction in profitability, you alone will be liable to fully cover those losses, together with any legal costs associated with remediation or recovery actions.

About the limits of our services As an administrator in the "BE-SMART" platform you can manage all your activity on the platform yourself; the "BE-SMART" support and assistance service applies only to the functionalities of "BE-SMART".

We undertake the obligation and responsibility to provide support in resolving technical problems that may arise during use of the "BE-SMART" platform for all cases where such issues are caused exclusively by the implementation of the "BE-SMART" solution and for all cases in which optimal functioning cannot be temporarily maintained.

We welcome your public feedback about the "BE-SMART" platform, whether positive or negative; while respecting legal rights of free expression and moral rights, and to improve and strengthen the relationship between the "BE-SMART" team and you, we do not consider it appropriate to invest effort in maintaining relationships with those who:

  • use insults or inappropriate language toward our team and the "BE-SMART" brand;
  • spread false or unfounded information or seek redress outside the designated support channels rather than addressing issues with the "BE-SMART" support team;
  • resort to threats or make accusations without sufficient factual basis.

Because the image of the "BE-SMART" platform and the entire team significantly affects other users’ perception of quality, if your activities generate reputational damage or if you abuse or insult us in communications, the "BE-SMART" team reserves the right to use all legal means to repair the damage, including suspending the user/company account until investigations are completed or until "BE-SMART" representatives decide, at their sole discretion, to reactivate the account.

VII. INTELLECTUAL PROPERTY RIGHTS The Provider owns all intellectual property rights in the "BE-SMART" software solution, including the logo, images, structure and design. Content provided through the "BE-SMART" solution, its structure, design, images, logo and contained emblems are owned by the Provider and are protected by copyright and other intellectual property rights under applicable Romanian and European law.

The content of the "BE-SMART" solution includes, but is not limited to, all source code, databases, functional measures, software, design, audio, video, text files, photographs and graphics.

Trademarks owned by the Provider may not be used — including as part of marks or domain names — in connection with any product or service in any manner likely to cause confusion, and may not be copied, imitated or used, in whole or in part, without the Provider’s prior written consent.

The content of the "BE-SMART" solution is provided to you "AS IS" and may not be used, copied, reproduced, republished, uploaded, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes without the prior written consent of the owner.

Systematic extraction of data or other content from the "BE-SMART" solution to create or compile, directly or indirectly, a collection, compilation, database or directory without the Provider’s prior written permission is prohibited.

The Provider does not transfer ownership rights in the "BE-SMART" solution to you. The Provider retains all intellectual property rights. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise convert the "BE-SMART" solution into a human-perceivable form.

Nothing in this Agreement shall be construed to grant, expressly or impliedly, any license or right in any patent or trademark owned by Smart Team Solutions LTD. It is forbidden to modify, copy, publish, reproduce, sell or otherwise commercially exploit this solution or any information associated with it.

VIII. WARRANTIES The User confirms that the data and information entered into the "BE-SMART" solution are true, that they are the legal representative or expressly authorized agent of the legal entity for which they create a "BE-SMART" account or that they have the legal administrator’s permission to do so, and that invoices submitted into the e-invoice system from the "BE-SMART" solution are real and correct. The User assumes full responsibility for the data provided and accepts that the Provider will not be liable to the User and/or third parties for any damages of any kind resulting from the User’s provision of erroneous information. If the User registers in "BE-SMART" a company for which they are not the legal administrator and/or do not have the company’s consent, the Provider may remove that company from the User’s "BE-SMART" account.

  1. LIMITATION OF LIABILITY The User uses the "BE-SMART" solution at their own risk; the Provider is released from any liability for possible direct or indirect damages caused by the use or access of the "BE-SMART" solution or as a result of the use of its information. The Provider is not responsible for errors or omissions that may occur in drafting or presenting materials in the "BE-SMART" solution. Unauthorized operations on this solution and attempts to perform them, including but not limited to abusive use, fraudulent use, unauthorized access, modification, copying of information for commercial exploitation, blocking access, etc., will be punished according to the law.

In no event shall the Provider or its directors, members, employees or agents be liable to you or to third parties for indirect, future, special, exemplary or punitive damages (for example, exemplary damages and civil fines) or incidental damages, including lost profits, arising out of your use of the "BE-SMART" solution or the Provider’s services, even if the Provider has been advised of the possibility of such damages.

  1. PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH GDPR You, as a "BE-SMART" User, authorize the Provider (Smart Team Solutions LTD) to process the personal data you transmit in order to provide you with the "BE-SMART" services, according to the package you selected.

Personal data you provide to the Provider and which the Provider collects include:

  • For creating the "BE-SMART" account: email address. For creating the "BE-SMART" account, in addition to the email address, company data for which you create the account are required; these are not personal data.
  • For using the provided services: the user’s name to be displayed on receipts, in the activity section or other documents. The user may also add other personal data in invoices or other documents that the Provider cannot predict. For your clients who are natural persons, the personal data you may provide include, as appropriate: name, Personal Identification Number (CNP), ID card series and number, home address, email address, telephone, bank account. These are used for transmitting invoices into the e-invoice system (at your action).
  • You cannot send emails from the "BE-SMART" platform to your clients.
  • All information you provide in the "BE-SMART" account is stored in the cloud on Amazon Web Services (AWS) or Microsoft (Azure) servers located in Europe. These are secure cloud storage platforms compliant with the General Data Protection Regulation (GDPR) and certified in the EU–US Privacy Shield program.

Information provided by the User will be stored by the Provider in electronic format on the servers specified above and will not be provided to any third party except those directly involved in providing the specific "BE-SMART" services and only if applicable (if there is a contract/agreement between the User and the third party or a request from the User to the Provider to transmit such information), such as payment processors.

Security of personal data provided by the User to the Provider All passwords and access data stored in the "BE-SMART" solution are encrypted. A limited number of persons within Smart Team Solutions LTD can access the data you provide in the "BE-SMART" solution (excluding encrypted data) for the purpose of providing support and only after your explicit written request. These persons are bound by confidentiality clauses regarding any personal data they encounter.

For your security, we commit to notifying the supervisory authority in the event of security incidents, in accordance with Article 33 of the European GDPR. In cases expressly provided by the Regulation, depending on circumstances, we undertake the obligation to notify Users of incidents/risks to security.

User rights regarding personal data

  • Right of access – you may request information about processing activities concerning your personal data;
  • Right to rectification – you may correct or, if you have no specific rights, request correction of inaccurate personal data or request that it be completed;
  • Right to erasure ("right to be forgotten") – you may obtain deletion of data where processing was not lawful or in other cases provided by law;
  • Right to restriction of processing – you may request restriction of processing where you contest accuracy, and in other cases provided by law;
  • Right to object – you may object, particularly to processing based on our legitimate interest;
  • Right to data portability – you may receive, on request, personal data in a structured, machine-readable format and request direct transmission to another operator;
  • Right to lodge a complaint – you may file a complaint regarding personal data processing with the National Supervisory Authority for Personal Data Processing (ANSPDCP);
  • Right to withdraw consent – where processing is based on your consent, you may withdraw it at any time. Withdrawal will affect processing for the future only; processing carried out prior to withdrawal remains valid.

To exercise these rights you may contact us via the contact form at https://www.smartteams.co.uk/contact/ or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

If you are dissatisfied with the handling of your amicable notification, you may address ANSPDCP.

  1. APPLICABLE LAW All legal matters, rights and remedies relating to any act, event or incident undertaken under or in connection with the "BE-SMART" solution or the Provider’s services shall be governed by and construed in accordance with the laws in force in Romania, excepting the provisions of O.G.21/1992 and related normative acts applicable only to natural-person recipients in respect of whom the Provider has expressly disclaimed liability.

XII. DISPUTE RESOLUTION In the event of a dispute between Users and any third party, you understand and agree that the Provider has no obligation to intervene. By this Agreement you release the Provider, its officers, employees, agents and successors from claims, demands and damages of any kind, known or unknown, foreseeable or unforeseeable, disclosed or confidential, arising from or in any way related to such disputes and/or the Provider’s services.

All complaints, disputes or disagreements involving you/the User (a private or public legal entity or their representatives) arising from interpretation, functionality or otherwise related to your use of the "BE-SMART" solution or the Provider’s Services that cannot be resolved amicably by direct discussion and negotiation within 30 (thirty) business days from the filing of the complaint shall be resolved exclusively by the competent territorial courts.