Terms and Conditions

1.1. For the purposes of this document, the following terms shall have the meanings indicated below:

• "Provider" or "Netcraft Digital" means NETCRAFT DIGITAL SRL, a commercial company registered in Romania, having its registered office in Cluj-Napoca, Cluj County, registered with the Trade Register under no. J12/XXXX/2024, unique registration code RO XXXXXXXX;
• "Client" or "User" means any natural or legal person who accesses the Platform and/or uses the Services provided by Netcraft Digital;
• "Platform" means the website accessible at https://netcraft.digital and all related subdomains and pages;
• "Services" means Website as a Service (WaaS) services, including but not limited to: website development, hosting, maintenance, technical support, updates, SEO optimizations and related services offered by the Provider;
• "Agreement" means the agreement concluded between Provider and Client for the provision of Services, consisting of these Terms and Conditions, the accepted Commercial Offer and any other attached documents;
• "Website" or "Web Site" means the digital platform developed and managed by Provider for Client as part of the Services;
• "Subscription" means the recurring billing model for Services, with monthly or annual payment, according to the accepted Offer;
• "Content" means any material provided by Client (texts, images, videos, logos, documents) or created by Provider as part of the Services.

1.2. Terms used in singular include the plural form and vice versa, and references to one gender include all genders, where context permits.

1.3. Section headings are used solely for ease of reading and do not affect the interpretation of these Terms and Conditions.

2.1. These Terms and Conditions govern the legal relationship between Netcraft Digital and Client regarding access to and use of the Platform and Services offered.

2.2. Services offered include, without limitation:

• Custom Web Development: Design and implementation of websites using modern technologies (Next.js, React, TypeScript);
• Premium Hosting: Web hosting on high-performance infrastructure with 99.9% uptime guarantee;
• SSL Certificate: HTTPS security for data protection;
• Global CDN: Content Delivery Network for optimal loading speed;
• Continuous Maintenance: Monitoring, automated backups, security updates;
• Technical Support: Technical assistance via email and ticketing system;
• SEO Optimization: Technical optimizations for search engines;
• Content Updates: Content modifications according to subscription plan;
• Analytics: Website traffic reporting and analysis;
• Backup and Recovery: Daily backups and restoration in case of incident.

2.3. Services are provided on a monthly or annual subscription basis, with recurring payment, according to the Commercial Offer accepted by Client.

2.4. Provider reserves the right to update, modify or extend the range of Services offered, notifying Client at least 30 days before implementing changes.

3.1. The Agreement is considered concluded when:

• (a) Client accepts the Commercial Offer by electronic or physical signature; OR
• (b) Client makes payment of the first Subscription installment; OR
• (c) Client actually uses the Services after receiving access.

3.2. By accepting the Offer and/or using the Services, Client confirms that:

• (a) Has read, understood and fully accepted these Terms and Conditions;
• (b) Possesses full legal capacity to conclude the Agreement;
• (c) In case of legal entities, the representative has full authority to bind the company;
• (d) All information provided to Provider is correct, complete and up-to-date;
• (e) Undertakes to comply with all provisions of the Agreement throughout its duration.

3.3. Netcraft Digital reserves the right to refuse providing Services to any Client, without obligation to justify the decision, in situations where it considers there are legal, reputational or technical risks.

3.4. For legal entities, the Agreement must be signed by the legal representative or a person with special power of attorney, and Client must provide supporting documents (registration certificate, tax ID, representative's identity document).

4.1. Fee Structure:

• Monthly Subscription: Recurring monthly payment according to selected plan (Standard, Professional, Enterprise);
• Initial Cost: By default, €0 implementation cost for standard plans. Setup costs may apply for complex custom projects;
• Additional Services: Extra services (complex custom design, third-party integrations, custom functionality) are billed separately according to the Offer.

4.2. Payment Methods:

• Bank transfer (recommended for legal entities);
• Credit card through secure payment processor;
• Online payment through authorized payment gateway;
• Automatic recurring debit (with Client's prior consent).

4.3. Billing and Payment Terms:

• (a) Invoices are issued monthly, in advance, by the 1st of each month for the current month;
• (b) Payment term is maximum 5 calendar days from invoice date;
• (c) Late payments may incur penalties of 0.5% per day of delay;
• (d) If payment term is exceeded by more than 15 days, Provider has the right to suspend Services without prior notice;
• (e) Invoices are sent electronically to the email address indicated by Client or made available in Client's account.

4.4. Fee Adjustments:

Netcraft Digital reserves the right to adjust fees with a minimum 60-day notice before applying new prices. Client has the right to terminate the Agreement if they do not accept the new fees, by communicating this decision in writing at least 30 days before expiration of the notice period.

4.5. VAT and Taxes:

All fees are expressed excluding VAT. VAT will be applied according to Romanian tax legislation in force. Any other taxes, duties or costs imposed by competent authorities are the Client's responsibility.

4.6. Refunds:

Given the nature of SaaS/WaaS services, payments made are non-refundable, except in cases expressly provided by law or special contractual clauses agreed in writing by both parties.

11.1. Provider Liability Limitation:

To the extent permitted by applicable law, Provider's total aggregate liability for any damages, losses or claims arising from or in connection with the Agreement is limited to the Subscription amount paid by Client in the last 12 months prior to the event giving rise to liability, but not more than €10,000.

11.2. Exclusion of Indirect Damages:

Under no circumstances shall Provider be liable for indirect, consequential, incidental, special or punitive damages, including but not limited to: loss of profit, revenue or anticipated savings; loss of business opportunities or goodwill; loss or corruption of data; reputational damage; costs of procuring alternative services; business interruption.

11.3. Client Liability:

Client is fully responsible for: legality and correctness of Content provided; compliance with third-party intellectual property rights; damages caused to Provider through breach of Agreement; third-party claims related to Content or Website usage; unauthorized use of access credentials.

11.4. Force Majeure:

Neither party shall be liable for non-performance or improper performance of contractual obligations if caused by force majeure, as defined by Romanian legislation (unforeseeable events beyond parties' control: natural disasters, wars, riots, restrictive government actions, pandemics, major cyber attacks at national/international level, major internet outages).

13.1. Amicable Settlement:

Any dispute, controversy or claim arising from or in connection with this Agreement shall be resolved primarily through amicable negotiations between the parties. The dissatisfied party shall notify the other party in writing, specifying the nature of the dispute and proposing solutions. Parties shall make reasonable efforts to reach an understanding within 30 days.

13.2. Mediation:

If amicable negotiations do not lead to a solution within the specified period, parties may agree to resort to an authorized mediator, in accordance with Law no. 192/2006 on mediation. Mediation costs shall be borne equally by both parties, unless otherwise agreed.

13.3. Jurisdiction and Applicable Law:

In the absence of an amicable settlement or mediation, any litigation shall be resolved by the competent courts in Cluj-Napoca, Romania, in accordance with Romanian law in force.

The Agreement is governed by and interpreted in accordance with Romanian law, including but not limited to: Civil Code, Commercial Code, Law no. 365/2002 on electronic commerce, Regulation (EU) 2016/679 (GDPR), Law no. 190/2018.

13.4. Alternative Dispute Resolution (ADR):

Consumers (natural persons) have the right to address the online dispute resolution platform: https://ec.europa.eu/consumers/odr or the National Authority for Consumer Protection (ANPC).

For questions, clarifications or requests related to these Terms and Conditions, please contact: