The owner of the www.webist.ro website reserves the right to modify the terms and conditions at any time, and their updated form will be available to Users on the Platform in the “
Terms and conditions
” located at the bottom of the main page.
These terms and conditions applicable to the use of the Site and provision of the Services are not available to the User for storage and reproduction.
I. Website presentation
- Website webist.ro and all domains, subdomains, applications related to it (hereinafter collectively referred to as Platformor the Website) are the direct property of Balazs Bela Istvan Authorized Natural Person, with registered office in Salonta, str. Constantin Dobrogeanu Gherea,nr.5, jud. Bihor, registered at the Trade Register Office Salonta No. F5/1790/2019, Unique Registration Code: 41766405, e-mail firstname.lastname@example.org, tel. +40 (0) 755.952.476 (hereinafter Webist)
- Through the website webist.ro presents and provides you with specific digital technology services, such as web design, website and online store creation/administration, online promotion, website maintenance, domain sales and hosting.
- By accessing the website, you can inform yourself about the services offered by webist.ro, contact the Company to request offers for services with immediate execution, such as website creation, or order online services with continuity, such as website maintenance and hosting.
- ro may publish on the Platform information about Services and/or promotions offered by it or by any other third party with which Webist.ro has entered into partnership agreements, within a certain period of time and within the limit of available stock.
- Services that are the subject of a promotion or campaign of any kind will also be subject to the terms and conditions applicable to that campaign or promotion.
- Any promotions featured on the Platform are valid for the duration mentioned.
- The Company provides the User with an e-mail address in the “Contact” section of the Platform to identify and correct errors that may occur when entering data. As a rule, communication with the Company will be through the addresses mentioned in the “Contact” section of the Platform.
- The use of the Platform for the purpose of placing an Order, requesting a quote or viewing is permitted to any User acting with a legitimate purpose and intending to purchase from the Provider one or more Services presented on the Platform, subject to these terms and conditions.
- Misuse of the Platform is strictly prohibited. Misuse is any use of the Platform in a manner that is contrary to fair business practices, applicable law or in any other manner that is likely to harm webist.ro or its affiliates in any way.
- ro reserves the right to deny Customers access to some or all of the Platform’s features and to restrict the processing and/or delivery of an Order if, in Webist’s reasonable opinion, there is a suspicion of fraud on the part of the User, if the User engages in conduct that may be detrimental to the interests of Webist or its affiliates, or if the User misuses the Platform.
- ro cannot guarantee discontinuous and uninterrupted use of the site. It is possible for errors, bugs, viruses or other malicious behaviour to occur on the site or servers that may make it unavailable. We will take all measures to limit and remove such unpleasant events as soon as possible. You have no right to interfere with the operation of the site or to take any action to interfere with the computer equipment for any reason whatsoever and regardless of the result.
III. Accessing services
1. Services with immediate execution
1.1 In order to benefit from services that require immediate execution, such as website design, online shop design, website optimization, search engine optimization (SEO), you can request a quote from Webist.
1.2 To request an offer, a button to request an offer is available in the section of the website dedicated to the services mentioned in paragraph 1 or in the header of the main page of the website (Request an estimate or Request a quote) that you can select and fill in all the data requested in the generated form in order to establish an offer and to be contacted by Webist. At the same time, to request an offer and any other information, you can contact the Company at the details mentioned in the contact section of the website.
1.3.By sending a request for quotation you expressly consent to the processing of the data provided for the purpose of contacting you by Webist, both by telephone and by email.
1.4 Following the submission of a quotation request, the User will be contacted by Webist in order to submit a quotation and negotiate the details of a possible contractual relationship.
2. Services with successive execution
2.1 Services with successive execution, such as website maintenance services, online promotion, website hosting are available in the form of a subscription and can be ordered online by placing an order on the website in the sections dedicated to the presentation of these types of services.
2.2 The User may place Orders via the Platform, exclusively by registering an Account, by selecting and adding the desired service package to the shopping cart.
2.3 The User will register an Account in the dedicated section of the Platform. By registering an Account, the User will manage more efficiently the Orders placed on the Platform, having the possibility to view in the Account information about previous Orders, tax invoices, etc. Registration of an Account may be done through the provision of an email address and password or through logging in with various types of social networks (including but not limited to Facebook, Linkedin, Google, etc.). Webist reserves the right to validate Orders prior to their fulfilment by contacting Customers by telephone or e-mail, and Customers expressly declare that they accept this right of the Company.
2.4. Adding a Service to the shopping cart without completing the Order does not result in an Order being registered.
2.5. By completing the Order, the User confirms that all data he/she has provided is correct, complete and true at the time of placing the Order. By placing an Order the User explicitly acknowledges that such Order implies his firm obligation to pay the “total amount of payment” indicated.
2.6. All orders will be paid in advance for the time period selected at the time of order placement. By placing the order the User agrees to the automatic extension of the subscription and the operation of recurring subscription payments.
2.7. The order and the subscription are paid on the basis of a subscription through the EuPlătesc payment processor Recurring payments are automatically made from the User’s card in advance at the beginning of the service period. The User agrees to this when placing the first order and activating the subscription/subscription respectively.
2.8. The Order shall be deemed completed upon full payment by the User of the price of the Products in the Order, by one of the payment methods accepted by the Provider for each type of service, as expressly indicated on the Platform and which can be consulted by the User at the latest at the beginning of the Order process.
2.9. In the event that payment of the subscription is not confirmed, Webist reserves the right to suspend the services to the User until the subscription is reactivated and payment of the subscription is confirmed to the payment processor.
2.10. The order is accepted and the Contract is deemed to be concluded between the Provider and the User when the User receives from the Provider, via e-mail and/or SMS, the notification of successful payment for the Services.
2.11. By creating an Account and, where applicable, completing the Order, the User consents that the Provider may contact the User, by any available means, i.e. automated calling system without human intervention, fax, e-mail, in any situation where it is necessary to contact the User in order to perform the Contract. These terms and conditions as well as any subsequent agreements between the User and the Service Provider in relation to an Order form part of the Contract.
2.12. The Service Provider may cancel the Order placed by the User, with concurrent or subsequent notification to the User, and without such cancellation giving rise to any liability of Webist to the User, in the following cases:
- non-acceptance of the Transaction by the User’s card-issuing bank in the case of online payment;
- invalidation of the Transaction by the card processor approved by Webist, in case of online payment;
- the data provided by the User when accessing the Platform is incomplete or incorrect;
- The Provider reasonably believes that by accessing the Platform and placing Orders the User is pursuing an unlawful purpose or may cause any harm to Webist or its affiliates;
- any of the terms and conditions herein have not been strictly observed.
2.13. The user has the possibility to manage his subscription from his customer account and can cancel it at any time without affecting the payments made in advance. A payment made shall not be refunded even if the User cancels the subscription before the expiry of the period covered.
IV. Prices / Invoices / Payments
- The prices of the Services with successive execution displayed on the Platform are expressed in Lei, to which VAT is not added according to the legislation in force.
- The price of the Services is fixed in the form of a subscription (monthly, quarterly, half-yearly or yearly), which is automatically extended for the same period of time until the User uses his/her right to cancel the subscription.
- Webist may update the prices of the Services at any time, and any such update shall supersede any previously posted prices for such Services. However, for Users who have an ongoing subscription, such a price change will not affect the period for which a prepayment has been made.
- The Provider shall issue the User with an invoice for the Services delivered, the User being obliged to provide all the information required under the legislation in force for the issue of the invoice by the Provider. The User will be able to view and download the invoice for the Services purchased from his/her personal Account created on the Platform.
- The User will pay for the ordered services in advance for the time period selected at the time of placing the order, via the EuPlătesc payment processor).
- If the subscription is not cancelled before the expiry of the invoiced period, the User expressly declares that he/she agrees to the recurring payment, for which purpose he/she expressly authorises Webist to automatically charge the subscription price directly to the card used to place the first order. Recurring payment will operate on the expiry date of the previously invoiced time period and will be made in advance for the same time period originally selected.
- In the case of online payments, the Provider is not and cannot be held liable for any other costs incurred by the User in addition to the price of the Service purchased including, but not limited to, transfer or currency conversion fees applied by the User’s card issuing bank, if the currency of issue of the card differs from the currency in which the sale is made.
- The Provider is not responsible for payment misprocessing or errors incurred through the payment system, including but not limited to losses you incur using the card payment system.
V. User’s right of withdrawal and subscription cancellation
Please note that according to the law applicable to distance service contracts, Consumers are not guaranteed a right of withdrawal from the Contract and refund of the price paid to the Provider.
This does not affect your right to cancel the purchased subscription at any time without notice, but Webist shall have no obligation to refund the price for the remainder of the invoiced time period. To cancel your subscription you will need to log into your personal account on the Platform and follow the cancellation instructions.
- The Customer may consent to receive commercial communications by e-mail, allowing the Service Provider and its collaborators to carry out such communications, by ticking the specific option at the end of these terms and conditions. The subject of electronic messages sent by e-mail will begin with the word “ADVERTISEMENT” written in capital letters.
- The customer may at any time revoke consent to such commercial communications by:
- sending a written request to the Seller at the e-mail address in the “Contact” section of the Platform; in this case, the revocation will take effect no later than 48(forty-eight) hours after the initiation of the procedure;
- unsubscribe from receiving Newsletters at any time by clicking on the dedicated link in any Newsletter;
- ticking the option to withdraw consent in the dedicated section of the Platform.
- This procedure shall be mentioned in all commercial communications sent by the Provider to Customers.
- Webist newsletters are delivered via Webist’s specialist and approved partners.
- The Customer’s opt-out of receiving Newsletters does not imply a waiver of acceptance of the rest of the terms and conditions of online sales by Webist.
- The Provider shall not be liable for any damage caused to the User or any third party as a result of the performance by the Provider of any of its obligations under the Order, nor for damages resulting from the improper use of the services provided.
- In no event shall Provider be liable for any loss of use, contracts, data, goodwill, revenues or profits (whether or not considered direct claims) or any consequential, special, indirect, incidental, punitive or exemplary loss, damage or expense under or in connection with this Agreement, its Services.
- The Provider does not guarantee discontinuous and uninterrupted use of the Site. It is possible for errors, bugs, viruses or other malicious behaviour to occur on the site or servers that may make it unavailable. The Provider will take all measures to limit and eliminate such unpleasant events as soon as possible. The user has no right to interfere with the operation of the site or to take any action to interfere with the computer equipment, for whatever reason and whatever the result obtained.
VIII. Complaints & Complaints
- For complaints or claims related to the purchased Service, the User can use the complaint form available on the Platform.
- The User may make complaints about the Orders, which will be sent to the e-mail address mentioned in the “Contact” section of the Platform. Complaints thus received will be dealt with by the Provider within 30 (thirty) calendar days of receipt.
IX. Use and collection of personal data of individuals
Both the Provider and the User undertake and warrant to keep the Confidential Information confidential, to prevent its disclosure to third parties and not to use it for purposes other than those contemplated by this Agreement, except as authorized in advance in writing by the Provider/User and subject to the terms and conditions imposed by it.
XI. Force majeure
- Neither the Provider nor the User shall be liable for non-performance of its contractual obligations if such non-performance on time and/or properly, in whole or in part, is due to an event of force majeure as defined by the Romanian Civil Code.
- If within 15(fifteen) days from the date of the occurrence of the force majeure event, such event does not cease, either the Provider or the User shall be entitled to notify the other party of the termination of the Contract without either party being entitled to claim damages.
XII. Applicable law and dispute resolution
- This Contract is subject to Romanian law.
- Webist and the User will attempt to resolve amicably any disputes or disagreements that may arise. Insofar as amicable settlement is not possible, disputes shall be settled by the competent Romanian courts at the Provider’s place of business.
XIII. Intellectual and industrial property
The content of the site, including but not limited to logo, stylized representations, symbols, images, photos, text content, information, structure, program materials, know-how, content, structure, program administration and the like, are the exclusive property of Webist. You may not copy, distribute, publish, modify, add to, use, display, incorporate, link to, transmit, remove any signs, photographs, images, text, display, sell, etc., any content, data, information, photographs or other information found on the site without the express prior written permission of Webist.
No User acquires by using and accessing the Site any right or license to use any of the information on the Site. No user has the right to use an automatic or manual device to monitor material available on the site.
Webist also owns the proprietary rights (including without limitation copyright and other intellectual property rights) to the concept, name, project content, texts, photographs, recordings, videos and all rights to use and disclose the ideas, concepts, know-how, methods, techniques, processes and adaptations thereof in the course of its work.