FiscalNet Terms and Conditions

1. Supplier and scope

The Supplier is FISCALNET SRL, with its registered office in Oradea, Str. Nicolae Jiga No. 50, Bihor County, postcode 410013, Tax Reference Number (CUI) 48933292, registered with the Trade Register under No. J05/2606/2023, hereinafter referred to as "FiscalNet".

Sales contact and complaints: office@fiscalnet.ro. Technical support: suport@fiscalnet.ro. Business phone: 0772179309. The usual support hours are Monday–Friday, 09:00–17:00, excluding public holidays.

These terms govern direct orders for FiscalNet licences and services via fiscalnet.ro, driverfiscal.ro and shop.driverfiscal.ro. For purchases from a distributor, the seller is the one identified in the order documents; their commercial terms and legal obligations remain applicable. The FiscalNet licensing terms must be brought to the customer’s attention prior to purchase and via the distributor.

FiscalNet licences may be purchased exclusively by legal entities, for use in the course of their professional activity. The contractual client is the legal entity identified in the order, represented by the person authorised to submit the order on its behalf.

2. Products and compatibility check

FiscalNet is software for communication with fiscal equipment and, for versions and editions that include these functions, with compatible payment terminals and weighing scales. The functionalities, platform, compatible equipment and licence type are those described for the product selected at the time of order.

Before purchasing, the customer checks the edition, the operating system, the equipment model, the connections, and the integration with the sales application. If anything is unclear, they can request confirmation of compatibility by email.

The commercial descriptions and written confirmations provided by FiscalNet form part of the information on the basis of which the product is purchased.

A possible trial period allows testing under the conditions displayed for that version.

Testing does not replace the legal and contractual rights regarding the proper performance of FiscalNet’s obligations.

3. Linking the licence to the fiscal equipment

Licensing is carried out by associating the licence with the fiscal equipment, identified by a unique identifier (the fiscal equipment serial number, NUI – Unique Identification/Registration Number, or NIF – Fiscal Identification Number), as well as with the legal entity that owns it, identified by its CUI.

The licence is non-transferable and cannot be transferred to another fiscal device or to another legal entity. If the operating system is reinstalled or the computer is changed, the licence can be reactivated automatically, provided that the same fiscal equipment and the same legal entity are retained.

If the cash register or fiscal equipment is replaced, a new licence must be purchased for the new equipment.

In the event of difficulties, the customer should contact support.

The Customer checks the serial number displayed in FiscalNet before confirming the order. If they notice an error, they report it immediately. The correction of an input error or an incorrect association made by FiscalNet is considered separately from a request for transfer to a new device; this clause does not exclude the rectification of errors attributable to the supplier or other mandatory rights.

For service work that could alter the identification of the device, the customer must request verification of the situation before relicensing. The above rule concerns moving to another cash register; it does not impose a general prohibition on the transfer of the equipment and does not remove the mandatory rights applicable to the software.

4. Annual licence and permanent licence

The annual licence grants the right of use for the annual period indicated in the order and in the activation confirmation. The start date and the expiry date must be presented to the customer. Continued use after expiry requires renewal. The term “annual” does not, in itself, constitute an agreement for automatic card debiting; any automatic renewal requires conditions to be displayed and accepted separately.

The permanent licence is paid for once and does not require periodic renewal for use of the licence on the cash register for which it was activated. The term "perpetual" refers to the duration of the licence, not to the right to transfer it to other devices, nor to the inclusion of all support services.

FiscalNet updates are free of charge. A software update is not an installation, configuration, integration or remote intervention service. Switching to a different commercial edition or adding functionalities that are not part of the purchased edition is carried out under the terms of the specific offer, which are communicated prior to placing the order.

Updates do not extend the duration of an annual licence and do not allow the licence to be transferred to another cash register. Legal obligations regarding updates and compliance, where applicable, remain unaffected.

5. Technical support

For the final licence, requests must be sent exclusively by email to suport@fiscalnet.ro. Consultancy and remote technical support are not included. Any additional service is agreed separately, with the client being informed and giving their consent prior to provision.

Annual licences, including PLUS, include remote consultancy and technical support for the duration of their validity. Services are provided during business hours from Monday to Friday, 09:00–17:00, excluding public holidays, with interventions scheduled according to need and availability; inclusion does not imply continuous or unlimited support.

The channels included, the schedule, and any limits on interventions must be described in the product offer, without implying unlimited support or permanent availability.

For services purchased separately, the duration and scope displayed at the time of order apply. If the intervention requires additional work, FiscalNet will communicate the fee and request the customer’s consent before proceeding on a chargeable basis.

Support for configuring a third-party application or troubleshooting a fault with a computer, cable, network, or fiscal device is distinct from resolving a non-conformity in FiscalNet software.

The outcome of an intervention may depend on the equipment and the access granted, but this situation does not justify a general exclusion of FiscalNet’s liability for its own obligations.

Charges for additional services do not automatically apply to the resolution of a justified complaint concerning non-conformity for which FiscalNet owes, under the law or the contract, a free remedy.

6. Order and conclusion of the contract

The order is concluded in Romanian. The customer selects the product or service, checks the serial number when requested, enters their contact and billing details, reviews the summary and total price, and accepts the terms before submitting the order.

Until submission, the customer can correct the information entered. If a correction is not possible in the interface, contact FiscalNet before confirming the order. For an order placed on behalf of a company, the person submitting it must be authorised to represent the company.

The submission of the order constitutes the customer’s offer to purchase under the terms displayed. FiscalNet confirms receipt of the order by means that allow the confirmation to be retained. The contract is concluded upon FiscalNet’s communication of acceptance of the order; a message confirming only receipt should not be confused with acceptance. If delivery begins immediately, the confirmation must also reflect acceptance of the order.

The customer receives an order confirmation by email. FiscalNet keeps a record of the order; a copy can be requested at office@fiscalnet.ro.

7. Price and payment

The price due is the one displayed and accepted at the time of ordering. The summary shows the total, the VAT treatment and any applicable additional costs before confirmation with an obligation to pay. A subsequent change in price does not affect an order that has already been accepted.

The methods available in the shop are payment by card and requesting a proforma invoice for payment in accordance with the instructions provided. The proforma invoice does not constitute proof of payment. The fiscal invoice is issued in accordance with the applicable legislation.

A failed payment does not constitute a paid order. If there are any uncertainties regarding the debit or confirmation, the customer should contact FiscalNet before attempting the payment again. If a paid order cannot be accepted or fulfilled, FiscalNet informs the customer and refunds the amount due, without imposing a replacement product without consent.

8. Activation and provision of services

The licence is provided electronically for the serial number confirmed in the order. The activation period after confirmation of payment and receipt of the correct data is 24 working hours. The customer is notified of any checks or delays.

Support interventions are scheduled based on the service purchased and availability. Payment does not constitute a promise of immediate or out-of-hours intervention unless such availability was expressly included in the offer.

9. Software use, application protection and liability

The FiscalNet licence grants the right of use under the terms of the product purchased and does not transfer ownership of the source code, other protected elements of the application or trademarks.

The protection obligations set out in this chapter apply to both customers and distributors that are legal entities and accept these terms. Distributors’ rights to market, demonstrate, install and provide support are limited to those separately authorised. Acceptance by the distributor does not replace acceptance of the applicable terms by the end customer.

Except for operations authorised by contract, approved in writing by the relevant rights holder or permitted by law, the following are prohibited:

• a) reproducing, modifying, adapting, distributing or sublicensing the application or protected documentation;
• b) decompiling, disassembling or performing other reverse-engineering operations on the application;
• c) using all or part of the code or other protected elements of the application, through unauthorised copying, adaptation or incorporation, to create, develop or market another application for one’s own benefit or that of a third party;
• d) circumventing activation, licensing or access-control mechanisms and obtaining code, internal files or credentials without authorisation;
• e) using the same licence for other fiscal devices beyond the applicable contractual or statutory rights.

These prohibitions also apply when the operations are entrusted to third parties.

The lawful user’s mandatory statutory rights remain applicable, including those relating to backup copies, observing, studying or testing the functioning of the program and decompilation under the conditions laid down by law. Exercising these rights does not require the rights holder’s approval where the law does not require it. Third-party components remain subject to their applicable licences.

Public API documentation and examples provided for integration may be used for that purpose, subject to the applicable rights and conditions. Implementing an authorised integration with FiscalNet does not constitute a breach of these restrictions.

These terms do not prevent the independent development of products with similar functionality, provided that intellectual property rights are respected and confidential information is not used without authorisation.

The customer is responsible for the accuracy of the data entered, the lawful use of the fiscal device and the organisation of its own activities. For support interventions, the customer provides authorised access and protects data unrelated to the support.

FISCALNET SRL is liable for the performance of its own obligations in accordance with the contract and the law. These terms do not establish a general exemption from liability for data loss, failure to function, intentional misconduct or gross negligence. Malfunctions and losses are assessed in relation to their cause and each party’s obligations.

A culpable breach of obligations concerning the protection of the application or confidential information may result in an obligation to cease the breach and compensate for the loss, under the conditions laid down by law. No fixed contractual penalty or predetermined minimum compensation is established. The entitled rights holder may seek compensation and available judicial protective measures, including interim measures, where the legal conditions are met.

9.1. Confidentiality and use of technical information

Confidential information means non-public information disclosed by FISCALNET SRL or the holder of the rights to the application in the course of the contractual relationship, which is marked as confidential or whose confidential nature reasonably follows from the nature and circumstances of the disclosure. This may include internal specifications, configurations, non-public technical procedures, information about the application architecture, non-public vulnerabilities and credentials.

Information is not confidential if the recipient can demonstrate that it:

• a) was public or became public without a breach of an obligation;
• b) was lawfully held before disclosure, without relevant restrictions;
• c) was lawfully received from a third party authorised to disclose it, without such restrictions;
• d) was independently developed without using confidential information;
• e) was authorised for disclosure in writing, within the limits of that authorisation.

Customers may use confidential information solely to use, configure, integrate and maintain FiscalNet, within the rights granted. Authorised distributors may also use it for demonstrations, distribution, installation and support, within the scope of their authorisation.

Using confidential information to design, develop or market other products or services outside the authorised purposes, for oneself or third parties, and disclosing it to a third party for that purpose are prohibited.

Access is limited to persons who need the information for the authorised purposes and who are subject to legal or contractual protection obligations that are at least equivalent. The recipient applies reasonable security measures and is responsible, under the conditions laid down by law, for persons entrusted with performing its obligations.

Any known unauthorised use or disclosure must be reported without undue delay to office@fiscalnet.ro. The recipient takes reasonable measures to limit the effects and preserve relevant evidence.

Disclosures required or protected by law remain permitted. In the event of mandatory disclosure, the recipient informs FISCALNET SRL in advance, where permitted by law, and limits disclosure to what is necessary.

For the purposes of this section, the contract means the contractual relationship arising from the online purchase of the licence, under the accepted order and the Terms and Conditions electronically accepted by the customer or distributor, without the need to draw up a separate contractual document.

The confidentiality and restricted-use obligations apply throughout this contractual relationship and for 3 years after its termination, on the same terms for customers and distributors.

For information constituting trade secrets, the obligations continue for as long as the legal conditions for protection are met. Loss of secrecy through a breach of the obligations does not remove liability for the breach.

Public documentation does not become confidential by virtue of this clause. Expiry of the confidentiality period does not remove intellectual property rights or obligations relating to a licence that remains valid. Expiry of support services or termination of the distribution relationship does not, in itself, terminate a valid perpetual licence.

10. Withdrawal from the contract and compliance

For professional purchases by legal entities, the 14-day right of withdrawal provided for in Emergency Government Ordinance No. 34/2014 for consumers does not apply. Any cancellation requests should be sent to office@fiscalnet.ro and shall be resolved in accordance with the contract and the law.

The rule regarding the licence associated with a device and the absence of the right of withdrawal applicable to consumers do not remove the customer’s legal and contractual rights in the event of non-performance or improper performance.

Complaints are considered separately from the purchase of an optional intervention.

11. Complaints and dispute resolution

Complaints should be submitted to office@fiscalnet.ro, with the order number, the relevant serial number and a description of the problem. It is not necessary to provide passwords or complete card details. FiscalNet shall communicate the solution or the information necessary for verification within a reasonable timeframe, in compliance with the applicable mandatory deadlines.

The parties may attempt to resolve disputes amicably, and if no solution is reached, they may apply to the competent courts in accordance with the law. Contacting FiscalNet does not limit access to legal remedies.

Romanian law applies. The jurisdiction of the courts is that established by law.

12. Personal Data and Version of Terms

Data processing is explained separately in the Privacy Policy. Acceptance of the terms does not constitute consent to marketing, non-essential cookies, or a general agreement to any processing. Information about any telephone recordings is provided separately.

The version of the terms accepted for that order applies. Amendments published subsequently apply to future purchases and do not retroactively reduce rights already acquired. An existing contract may be amended only in accordance with the terms of the contract and the law, and not merely by replacing the text on the website.