Terms & Conditions

These Terms & Conditions govern the use of the holma.ro website, the Holma application, the equipment provided and the related services offered by TESODA S.R.L. in the European Union and the European Economic Area.

1. The provider

TESODA S.R.L., Str. Lemnarilor nr. 56, Brașov, Brașov County, Romania. E-mail: contact@holma.ro · Phone: +40 752 308 454. CUI: 39664292 · Trade Register No.: J08/1721/2018.

2. Who the services are for

Holma services are intended mainly for professional clients: companies, property managers, owners carrying out commercial activities and other professionals. If TESODA S.R.L. expressly accepts a contract with a natural person for non-professional purposes, that person benefits from the mandatory rights of consumers.

3. Description of the services

• control of compatible boilers and air conditioning units;
• sensors, relays and connectivity modules;
• automations associated with bookings or the client’s rules;
• configuration of temperature limits and alerts;
• calendar and booking management functions;
• integrations with third-party platforms and services;
• support for the equipment and features provided directly by Holma.

The available features depend on the chosen subscription, equipment compatibility, property configuration and the enabled integrations.

4. Assessment, installation and implementation

The assessment may be carried out on-site or remotely. The standard fee for assessment, kit installation and initial implementation is 50 EUR per kit, excluding VAT. The final amount, VAT, travel and any additional costs will be communicated before the order is confirmed.

• compatibility assessment;
• kit installation;
• device connection;
• initial setup in the Holma account;
• verification of operation after installation.

Electrical, plumbing or gas work, repairs or modifications to existing installations are not included unless expressly stated in the offer. In other Member States, installation may be carried out through local partners or by a specialist designated by the client, in accordance with Holma’s instructions.

5. Subscriptions and billing

• monthly subscription, billed in advance;
• annual subscription, billed in advance.

The price, the number of properties, the number of devices, the features and the term are those indicated in the accepted offer, order or contract. Before payment, the client will be informed of the total price, VAT, billing frequency, term, automatic renewal, the method of cancellation and the date of the next invoice.

6. Prices and VAT

Prices are expressed in euros unless the offer provides otherwise. VAT applies in accordance with the relevant European and national legislation, depending on the client’s country, its tax status, the existence of a valid VAT number and the nature of the services or equipment provided.

7. Renewal and cancellation

If the offer provides for automatic renewal, the subscription renews for a period equal to the initial period unless cancelled before the renewal date. The client may request cancellation at any time at contact@holma.ro.

• cancellation stops the next renewal;
• the service remains active until the end of the period already paid for;
• cancellation does not give rise to a refund of the period already billed or paid;
• the mandatory rights of consumers remain applicable.

8. Consumers’ right of withdrawal

A consumer who concludes a distance or off-premises contract has, in principle, the right to withdraw within 14 days. If they request the start of the service or the installation within this period, they may owe the proportionate value of the services already performed. The right of withdrawal may end after full performance only under the conditions of the law and after the consumer’s express agreement.

9. Equipment provided on loan (comodat)

Holma equipment is provided on loan (comodat) and remains the property of TESODA S.R.L. The client receives only the right of use for the duration of the contract.

• may not sell, rent, transfer, move or modify the equipment without agreement;
• may not allow unauthorized interventions;
• must inform Holma of loss, damage or malfunction;
• must return the equipment at the end of the contract.

10. Return of the equipment

The equipment must be returned by tracked courier within 14 calendar days of the end of the subscription, to the address communicated by TESODA S.R.L. The client bears the cost of the return, unless the offer provides otherwise, and is responsible for packaging, including all components and keeping proof of shipment.

For each kit not returned, lost, destroyed or damaged through the client’s fault, a contractual compensation of 200 EUR, excluding VAT, may be owed, representing the estimated cost of replacement, logistics, deactivation and administration. Before billing, the client may receive a notice and a reasonable additional term. The compensation does not apply to normal wear and tear.

11. Holma support

• the devices provided by Holma;
• the connection of the devices to the platform;
• the features of the Holma account;
• the automations and rules configured in the platform;
• the diagnosis of incidents related to Holma’s infrastructure.

12. Third-party services and equipment

Holma does not provide and does not guarantee the operation of the internet, electricity, gas, the boiler, the air conditioning unit, external batteries, external thermostats, routers, electrical, thermal or gas installations, booking platforms, messaging services or other services provided by third parties. A problem caused by such services or equipment does not automatically constitute a non-conformity of the Holma service.

13. The client’s obligations

• to provide correct information about properties and equipment;
• to ensure the access needed for assessment and installation;
• to maintain the internet and the necessary utilities;
• to protect the authentication credentials;
• to configure appropriate and safe temperature rules;
• to comply with the legislation on data protection and guests’ rights;
• to obtain the necessary agreements for installing the devices.

14. Service availability

We aim to keep the service available, but we do not guarantee uninterrupted operation at all times. There may be interruptions caused by maintenance, updates, security incidents, third-party providers, lack of internet or utilities, force majeure or failures of the client’s equipment.

15. Non-conforming digital services

If the Holma digital service does not conform to the contract, the consumer may request that it be brought into conformity. If the problem cannot be remedied within a reasonable time and without significant inconvenience, the consumer may benefit, under the law, from a proportionate price reduction, termination of the contract or a refund of the amounts due.

16. Intellectual property

The application, code, design, documentation, trademark, texts, graphic elements and Holma technology are protected by intellectual property law. The client receives a limited, non-exclusive and non-transferable right of use for the duration of the subscription.

17. Liability

TESODA S.R.L. is liable for the provision of Holma services within the limits of the contract and the law. We are not liable for damage caused solely by incorrect information or configurations, unauthorized interventions, lack of maintenance, failures of third-party services, lack of internet, electricity or gas, or cases of force majeure. No provision limits a liability that cannot be excluded under the law.

18. Suspension and termination

We may suspend or terminate the service for non-payment, illegal or abusive use, compromise of security, unauthorized interventions, serious breaches or technical or legal impossibility of continuing. Where possible, the client will be notified and will receive a reasonable term to remedy.

19. Applicable law and dispute resolution

The contract is governed by Romanian law and by directly applicable European Union law. In the case of a consumer, this choice does not deprive them of the mandatory protection granted by the legislation of their country of residence. Disputes with professional clients will be settled by the competent courts in Romania, unless the parties agree otherwise. Consumers may turn to the competent courts in accordance with the European rules and the applicable national legislation.

20. Changes to the terms

We may update these terms to reflect changes to the services or legislation. Significant changes affecting an active subscription will be communicated within a reasonable time before they take effect.