Terms & Conditions

1. General

These terms are applied between Newify Services SRL (“Newify”) CUI:41617810 and the buyer of Newify’s products (“The Customer”). The terms and conditions apply to the Customer’s order of the Product (defined below) and, together with the submitted quotation, constitute the agreement between Newify and the Customer. In the event of conflicting information between the submitted quotation and the general terms and conditions, the offer shall prevail.
 

2. Product

By “Product” we mean a website according to the submitted quotation. Other services, additions or inquiries in addition to what is stated in “The scope of the assignment” are considered as inquiries and will be offered by Newify.
 

3. Structure and architecture

Before the project begins, Newify displays the product’s structure and architecture. This is done via a physical meeting or web meeting where Newify presents a front page of the Product. Any requests from the Customer regarding changes to the Product’s structure and / or architecture are stated under “The scope of the assignment” in the submitted quotation.
 

4. Provision of materials

The Customer is responsible for, and warrants, that the data and materials provided by the Customer to Newify are accurate and do not infringe on third party intellectual property rights. Newify is solely responsible for images provided by Newify.
 

5. The beginning of the project

The project begins in connection with both Newify and the Customer signing the offer submitted by Newify, or such other date as stated in the signed offer. Before signing, the Customer is entitled to request changes to the website’s structure and appearance and to make requests for additional functionality.
 

6. Implementation of the project

The customer is assigned a project manager who will be available and helpful throughout the implementation of the project. The project manager is the Customer’s contact person to answer any questions and receive material. Newify will, after performing the project, together with the Customer, plan a meeting where the Product will be displayed.
 

7. Material from the Customer

The customer must assist Newify with any material in the form of pictures, texts and the like (“Customer material”) no later than sixty (60) days after ordering. Otherwise, Newify has the right to invoice the Customer the entire amount that the order refers to. The customer then has another six (6) months to send Customer Material. Otherwise, Newify will deliver the Product as far as it can be completed. In connection with this, the project is terminated and Newify no longer has any responsibility for the completion of the Product.
 

8. The completion of the project

The project is deemed to have been carried out when Newify performs the tasks stated in “The scope of the assignment” or at such time as stated above in paragraph 8. Newify communicates this via mail, SMS or verbally. Should the Customer repeatedly refuse, cancel or for other reasons not attend the final meeting, the project is nevertheless considered to have been completed. In connection with this, invoices are issued from Newify to the Customer.
 

9. Requests for changes during the duration of the project

Should the Customer communicate requests for changes in addition to what is stated in the agreement, these requests are regarded as additional orders and will be offered by Newify.
 

10. Requests for changes after delivery

The customer can at any time, by email, contact Newify with requests for changes after delivery. These requests are then regarded as requests for price indications and will be offered by Newify via email.
 

11. Restrictions

The customer is responsible for investigating the limitations and possibilities that exist in the agreed platform. Newify is not able to notify the Customer of all limitations that are found in the agreed platform.
 

12. Relation to the platform

Newify is an independent company from the WordPress Foundation, WooCommerce, and any other platform and thus cannot be held liable for any problems or limitations of WordPress platform, WooCommerce, any other platform, or its partners or suppliers.
 

13. Information and scope

Both Newify and the Customer are responsible for reading these terms and the quotation before signing. The customer is responsible for ensuring that he / she understands the scope of the project before the project starts. Newify is responsible for understanding the possibilities and limitations of the agreed platform.
 

14. Technical responsibility

Newify is not responsible for the domain, server, hosting or functionality of the agreed platform or services / products purchased via or from another third party. When signing the agreement, the Customer agrees to handle all contact regarding the above services directly with the respective supplier.
 

15. Hosting

Newify is responsible for hosting the Customer’s website unless otherwise stated in the scope of the assignment. The cost of this is stated in the quotation submitted by Newify.
 

16. Domain linking

After completing the project, the Customer is offered to link their own domain to the Product, or to provide Newify with the name of the domain provider, login information to the domain provider and other relevant information. When submitting this information, the Customer authorizes Newify to purchase services required on behalf of the Customer to connect the Customer’s domain to the Product. Should the Customer choose to decline or not provide the required information, the project is nevertheless considered to have been completed. In connection with this, invoices are issued from Newify to the Customer.
 

17. Making the payment

Newify will debit the Customer’s debit card based on achieved milestones. Each milestone is described in detail below. Once a milestone is reached, the customer’s card is automatically charged through PayPal Holdings, Inc.’s platform.

17.1 Milestone 1

Newify will charge the customer’s payment card 10% of the total cost of the project in connection with the Customer filling in the payment form sent by Newify.

17.2 Milestone 2

Newify will charge the customer’s payment card 30% of the total cost of the project after the following activities have been carried out:
– Established a WordPress account that can be transferred to the customer’s web host under milestone 5.
If the customer has a WordPress account before, Newify can transfer the website to the existing account unless otherwise has been communicated between the parties.
– Installation of the necessary plugins for optimizing the website’s functions.
– Establishment of a structure on the website, which includes design by
front page, construction of subpages and sections and correction of menu and footer in accordance to the customer’s existing website unless otherwise stated by the Customer’s Initial meeting with Newify, which is listed under the heading “The assignment scope ”in the submitted quotation.
– Incorporation of text from existing website unless otherwise stated by The customer at the initial meeting with Newify and which is listed under the heading
“The scope of the assignment” in the submitted quotation.
– Change the fonts and / or colors according to the Customer’s wishes as stated at
Initial meeting with Newify and which is listed under the heading “The assignment
scope ”in the submitted quotation. If the Customer has not submitted any requests for fonts and / or colors, Newify will change fonts and / or colors according to what Newify has shown before signed agreement according to item 5.
– Link links and buttons to the correct subpage / section on the website.
– SEO optimization (keyword optimization) which includes HTML header tags, image description (for google), meta description for each page, presentation image, and custom URL slots if necessary.

17.3 Milestone 3

Newify will charge the customer’s payment card 30% of the total cost of the project after the website has been optimized for mobile and adapted to tablets.

17.4 Milestone 4

Newify will charge the customer’s payment card 10% of the total cost of the project after the following activities have been carried out:
– Install web site on web hosting
– Domain linked to website
– Quality control of installed plugins implemented by Newify

– Newify has sent a link to the website, the customer carried out a quality check and gave the go-ahead regarding the website’s design, or communicated comments that have been addressed

If the customer does not communicate any comments within 30 days after Newify has sent a link to the website, the customer’s payment card will be charged regardless.

After the completion of paragraph 17.4, the project is considered complete.

18. Complaints

If the Customer wishes to make a complaint regarding errors or deficiencies in the execution of the project, the Customer shall do so no later than at the time of the demonstration as described in 9. The customer’s right to complain is deemed to have been consumed after the Customer and Newify have completed the show according to 9 without complaint. If the Customer does not participate in the show in accordance with 9, the right to make a complaint is deemed to have been exhausted when the delayed date and time for such display has passed. Complaints do not relieve the Customer of liability to pay for the project carried out. 
 

19. Responsibility

Newify is responsible for any damage caused to the Customer through errors or negligence in the execution of the project up to the amount paid by the Customer for the project. Newify is never liable for any damages arising from incorrect or incomplete information provided by the Customer. Newify is not responsible for any loss of profit or income, or other indirect damage or consequential damage. However, the limitation of liability does not apply to damage caused by gross negligence or intent. The customer shall keep Newify harmless from claims from third parties regarding materials provided by the Customer.
 

20. Force majeure

If Newify is prevented from fulfilling its obligations under the agreement due to circumstances that Newify has not been able to control such as lightning strikes, work conflict, fire, natural disaster, altered government regulations, government intervention and errors or delay in services from subcontractors due to circumstances stated here, this shall constitute relief grounds that lead to the timing of performance and exemption from damages and other possible penalties. If the performance of the agreement is substantially prevented for longer than three (3) months due to the above-mentioned circumstance, the Customer is entitled to terminate the agreement in writing. In the event of such termination, Newify has the right to compensation under the agreement for work performed and proven necessary cost.
 

21. Intellectual property rights

All rights to all intellectual property rights that Newify creates within the framework of the project accrue to the Customer. The customer does not receive the right to Newify’s intangible assets or business secrets other than as stated in the agreement. Furthermore, the Customer does not receive any rights to intellectual property rights created outside the scope of the project, or which were already owned by Newify before the project began.
 

22. Personal data 

Newify may process personal data in relation to the Customer’s representatives in connection with the project’s implementation in order to be able to fulfill the agreement. Newify is responsible for personal data in relation to such treatment. The customer is responsible for ensuring that all its representatives whose information is submitted to Newify have read and approved Newify’s personal data policy for customer contacts, appended hereto as appendix 1. For some personal data that Newify processes in connection with the project’s execution, the Customer is the personal data controller and Newify personal data assistant. In relation to such treatment, the personal data assistance agreement appended hereto applies as Appendix 2.
 

23. Privacy

The parties undertake, without limitation in time, to not disclose to third parties confidential information regarding the activities of each party. In this provision, “confidential information” means any task – technical, commercial or other – regardless of whether the information is documented or not, with the exception of information that is or becomes generally known or which has come or comes to public knowledge other than through breach of this provision by a party. 
 

24. Messages

Messages to the other party must be delivered with a bid, a recommended letter or e-mail to the addresses most recently stated by the other party. Notification shall be deemed to have been received by the other party (a) if it has been sent by tender, on receipt, (b) if it has been sent by registered letter, five (5) days after dispatch, or (c) if sent by e-mail , on the day of dispatch.
 

25. Changes

Amendments to the agreement shall, in order to be valid, be accepted in writing by both parties, unless otherwise agreed.
 

26. Dispute

Romanian law, without the application of its conflict of laws rules, shall apply to the agreement. Disputes arising in connection with the agreement shall be settled by a public court.
 
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