Art. 1 Contracting parties
By using ConvertWebsite.com, you, as the “Beneficiary”, agree to the following terms with Barandi Solutions SRL, having the registered seat in Scortarilor, no. 11, apartment 44, Cluj-Napoca, Cluj, 400186, Romania, registered with the Trade Register of Cluj Court of Law, under no. J12 /1955 /2010, fiscal code no. RO27725655, the company owning the website, as the “Supplier”. Both you as well as Barandi Solutions SRL ca also be individually hereinafter referred to as „Party” and jointly as „Parties”.
Art. 2 Definitions
2.1 We understand by “Agreement”:
i) this document (including its Appendices)
ii) the Addendums that can be signed during the business relationship between the Parties, based on this agreement, which can amend or complete it.
iii) the Refund Policy
iv) the Privacy Policy
2.2 „Deliverables” represent the services which are object of this Agreement.
2.3 „Acceptance document” is the report signed between the Supplier and the Beneficiary, which certifies the handing over of the Deliverables to the Beneficiary. The signing of the Acceptance document by the Beneficiary certifies the full and adequate execution of all obligations undertaken by the Supplier.
2.4 „The Complaint Document” is the document through which the Beneficiary notifies the Supplier on the flaw of the handed over Deliverables and requires their rectification.
2.5 „The Guarantee Period” is the period of time which starts after the handing over of a Deliverable to the Beneficiary and is ended after the period of time indicated in the Agreement. During this period of time, the Deliverables shall maintain their required qualitative characteristics. The Supplier undertakes to provide to the Beneficiary its entire support necessary for repairing flaws occurred during this period of time, at an hourly fee, in compliance with article 5.
2.6 „Visible flaws” are those deficiencies that can be discovered by regular checking means.
2.7 „Hidden flaws” are the qualitative deficiencies which, existing at the handing over of the deliverables, were not known and could not have been known by the Beneficiary through regular checking means.
2.8 „Workday” is a day when the Supplier carries out its activity, namely from Monday until Friday, between 9 to 17 hours, UTC + 2.
2.9 „Delay penalties” means the amount owed by the party faulty of the damages caused to the other party, resulting from the delayed implementation of the obligations undertaken by this Agreement.
2.10 “Force Majeure” means that external event, absolutely unpredictable and insurmountable, seriously affecting the work of the party, making it impossible to perform duties, such as: war, revolution, flood, earthquake etc.
2.11 “Confidential Information” means all information which reasonably supposes a confidential treatment by the receiving party.
2.12 “Document for Error Reporting” is the standard document, accepted by both sides to track errors occurred with the delivered modules.
2.13 “Website” means the current website, ConvertWebsite.com and any of it’s subdomains
2.14 “Package” means the services described in the website. These services can be found individually or as a group, each having their own Deliverables and price.
Art. 3 Object of the Agreement
3.1. The Object of this Agreement is represented by the provision of services of software development, as described in each package on the website.
3.2 All changes to the Deliverables requested by the Beneficiary will be invoiced on a hourly basis, separately from the ordered package, at $29.76 per hour. The charge is made for every 10 minutes, with the first hour being indivisible.
3.3 In now circumstances will the Supplier be responsible for delivering anything else or providing any additional services than the ones explicitly specified in the acquired package.
Art. 4 The Parties’ Obligations
4.1 Except for the activities related to the Agreement, the Parties shall not use documents and information related or connected to the Agreement.
4.2 The validation of the adequate remittance of the Deliverables which are object of the Agreement, shall be registered with the Acceptance document, in compliance with article 2.3. (express validation).
4.3 The validation is deemed as being tacit if, within 7 calendar days following the handing over of the Deliverables, the Beneficiary does not notify any non-compliance with the requirements provided in the Packages. This provision shall be also applied when referring to rectified Deliverables, following some previous non-compliance.
4.4 The Supplier’s obligations
4.4.1 The main obligation of the Supplier is to perform the Deliverables, in compliance with the technical specifications provided in the Packages.
4.4.2 The Supplier provides a warranty period of the deliverables of 30 days, starting with the date of their delivery, but only if the Beneficiary complies with the warranty conditions described under art. 2.5., throughout this entire period.
4.5 The Beneficiary’s obligations
4.5.1 The main obligation of the Beneficiary is to pay the price of the Agreement.
4.5.2 The Beneficiary undertakes to communicate directly with the Supplier during the entire project execution, meaning that it shall provide to the Supplier all the elements necessary for an adequate and timely execution of the Agreement.
4.5.3 The Beneficiary gives the right to the Supplier to showcase the Deliverables in his Portfolio, on the Website.
Art. 5 Price and payment means
5.1 The price is established for each Package, and is clearly mentioned on the Website.
5.2 In case the package chosen by the Beneficiary cannot be technically applied on their website, the Supplier has the right to make the Beneficiary an extra offer, or to give back all the money payed for that Package. See our Refund Policy for more details.
5.3 All invoices issued by the Supplier must be payed in full before any work is commerced.
Art. 6. Ownership and copyright
6.1 The ownership over the Deliverable shall be transferred upon the full payment of the contract price by the Beneficiary. All copyright and rights related to the deliverable belong entirely and without exception to the Beneficiary and / or its customer. This agreement is governed by the Law no. 8 / March 14, 1996 on Copyright and Related Rights (published in the Official Gazette no. 60/March 26, 1996) and the Government Ordinance no. 124 / August 31, 2000 to complete the legal framework on copyright and related rights by adopting measures to prevent piracy of audio and video, as well as computer software (published in the Official Gazette no. 427 / September 2, 2000). The parties agree that the law applicable in this matter is the Romanian law.
Art. 7 Agreement Termination
7.1 The agreement was concluded for the period of time specified in the payed Package. The contract may be amended only by the agreement of both parties, and only by a signed written addendum.
7.2 The Beneficiary may terminate the contract unilaterally by written notification sent to the Supplier only if work has not been commerced on the agreement.
7.3 The Supplier may terminate the contract unilaterally by written notification sent to the Beneficiary in case the acquired Package is not technically applicable on the Beneficiaries website.
Art. 8 Force Majeure
8.1 Force majeure exempts from liability the party who claims and proves it.
8.2 In this case, the parties must notify each other on the force majeure event, within five days from the time when there was the possibility of such notification.
8.3 Upon receiving the force majeure notification, the parties shall discuss immediately and shall decide on the actions to be taken in order to limit the effects of the event and to carry on their business relationship.
Art. 9 Contract Modification
9.1 Any amendment to the terms of this Agreement shall be made only by addenda, drawn up in writing and signed by the authorized representatives of the parties.
Art. 10 Dispute Settlement
10.1 All disagreements arising between the parties during the Agreement execution will be settled amicably.
10.2 Litigation arising out of or in connection with this Agreement, including those relating to its interpretation, performance or termination, shall be settled according to Romanian law, and under the jurisdiction of the Romanian Courts of Law at the registered seat of the Supplier.
Art. 11 Final provisions
11.1 The Beneficiary and the Supplier will provide each other with the facilities necessary for executing the obligations arising out of the Agreement.
11.2 All goods delivered to the Beneficiary by the Supplier, including data storage media /supports (floppies, CDs) and documentation will remain the property of Supplier until the date on which all amounts due by the Beneficiary for the deliverables submitted by the Supplier, in compliance with this Agreement, are fully paid to the Supplier.
11.3 All guarantees provided by the supplier related to the agreement performance and to the contracted deliverables are described restrictively in this agreement. Under no circumstance shall the Beneficiary be entitled to request damages or penalties in an amount exceeding the value of this Agreement.