Terms and Conditions

This document sets out the terms and conditions under which OptimWP (company name: [to be completed], VAT/Tax ID: [to be completed], Trade Register no.: [to be completed], registered office: [to be completed], legal representative: [to be completed], hereinafter referred to as the “Provider” or “OptimWP”) provides services through its website and to its clients. By ordering or using our services, you agree to these terms in full.

1. Subject matter

The subject of these terms is the provision of maintenance, speed optimization and security services for WordPress websites, including in the form of recurring subscriptions, as well as related services: technical audit, malware removal, migration, technical SEO and the creation/rebuild of WordPress websites.

The services are offered nationwide, in Romania, to both individuals and legal entities. The exact scope of each service, the activities included and the deliverables are set out on the dedicated pages of the website and, where applicable, in the offer sent to the client.

2. Definitions

• Provider — OptimWP, namely the company [to be completed], which supplies the services.
• Client — the individual or legal entity that orders and benefits from the services.
• Consumer — the Client who is a natural person acting for purposes outside their trade, business, craft or profession.
• Services — the maintenance, optimization, security and related activities described in Article 1.
• Subscription — a recurring service, billed periodically (monthly or annually), according to the chosen package.
• Website — the OptimWP online platform through which the services are presented and, where applicable, ordered.
• Order — the Client’s firm request to benefit from a service or subscription.
• Contract — the agreement between the Provider and the Client, consisting of this document, the accepted offer and any annexes.

3. Ordering and provision of services

An order can be placed through the contact or audit form on the website, by email at [email protected], or through an offer accepted by the Client. The contract is deemed concluded once the Provider confirms the order and, where applicable, once the service or subscription has been paid for.

In order to deliver the services, the Client undertakes to provide the necessary access and information (for example login details for the website, hosting and admin panel) and to cooperate throughout the process. Delivery timelines are indicative and may be affected by the complexity of the situation, the Client’s responsiveness and external technical factors.

The Provider exercises reasonable diligence to carry out the services professionally, in line with industry best practices.

Contracts concluded through the website or by email, without the simultaneous physical presence of the parties, are distance contracts. For a Client who is a Consumer, the right of withdrawal set out in Article 6 applies to such contracts in addition.

4. Subscriptions and payment

Subscriptions are billed in advance, for the chosen period (monthly or annually), according to the selected package. The prices of the services and subscriptions are those displayed on the website or stated in the accepted offer at the time of the order.

• Invoices are issued in accordance with the applicable tax legislation and are payable within the stated term.
• Subscriptions may renew automatically or upon request, as agreed between the parties; the Client may opt out of renewal before the end of the current period.
• Failure to pay on time may lead to a temporary suspension of the recurring services, with prior notice given to the Client.
• Any price changes are communicated in advance and do not affect the period already paid for.

4.1. Site onboarding fee

When a new site is taken over into maintenance, a site onboarding fee of 99.99 € ≈ 535 RON is charged once for each site taken over (VAT not applicable, as for all prices displayed on the website: the Provider is not registered for VAT). It is not a monthly charge and it does not repeat when the subscription renews.

The fee covers the takeover work we carry out before the first month of maintenance:

• a full audit of the site: versions, plugins, theme, security and performance;
• a complete initial backup and the setup of the daily off-site backup;
• the setup of baseline security: firewall, brute-force protection, anti-malware;
• the setup of 24/7 uptime and security monitoring;
• the preparation of the staging environment in which we test updates;
• the work plan: what needs fixing immediately and what we track month by month.

The fee becomes due at the start of the collaboration, upon confirmation of the order. The onboarding and the subscription are two distinct services: they are confirmed separately in the order confirmation and appear as separate line items on the invoice, even where, for convenience, they are invoiced in the same document. The recurring subscription remains at the price shown on the subscriptions page.

For a Client who is a Consumer, the way this onboarding fee interacts with the statutory 14-day right of withdrawal is set out in Article 6.4.

5. The 30-day commercial guarantee

For eligible services, the Provider offers a 30-day satisfaction guarantee. If, within the first 30 days from the start of the collaboration, the Client considers that the service does not match what was agreed, they may request that it be remedied or, where applicable, a refund of the service value, under the conditions of this document.

The guarantee does not cover situations caused by third-party interventions on the website, by the Client’s failure to provide the necessary information/access, or by requests that fall outside the scope of the contracted service. To claim the guarantee, the Client sends a request to [email protected], describing the situation.

This is a commercial guarantee, offered voluntarily by the Provider. For a Client who is a Consumer, it does not replace, limit or condition the rights provided by law, in particular the 14-day right of withdrawal described in Article 6. The procedural details of refunds under this commercial guarantee will be completed in line with the company’s final policy ([to be completed]).

6. The 14-day right of withdrawal (Consumer Clients only)

This article applies exclusively to a Client who is a Consumer, as defined in Article 2. Consumer status is determined by the purpose for which the contract is concluded, not by the Client’s legal form: a sole trader, or the holder of an individual or family enterprise, is a Consumer when ordering for purposes outside their professional activity. The right of withdrawal does not apply to legal entities, nor to Clients ordering for purposes relating to their trade, business, craft or profession.

6.1. The period

OptimWP services are contracted at a distance. Under Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with traders — the Romanian law transposing Directive 2011/83/EU — a Consumer Client has the right to withdraw from the contract within 14 calendar days, without having to give any reason and without incurring any costs other than those set out in Article 6.4.

The 14-day period runs from the date the contract is concluded, that is, from the date on which the Provider confirms the order. If the last day of the period falls on a Saturday, a Sunday or a public holiday, the period is extended until the end of the next working day.

6.2. How to exercise the right

To withdraw, it is enough to inform us by an unequivocal statement, sent before the 14 days expire. You can do this:

• by email to [email protected], with the subject line “Withdrawal from contract”; or
• by using the model withdrawal form set out in Annex 1 Part B to GEO no. 34/2014, reproduced in Article 6.6 — using it is not, however, mandatory.

It is sufficient that the notification is sent before the deadline expires. We confirm receipt without delay, to the email address you wrote from. To avoid misunderstandings, we recommend that you include your name, the email address used for the order, and the service or subscription you are referring to.

6.3. Refund

In the case of a valid withdrawal, the Provider reimburses the amounts received from the Client without undue delay and within 14 days at the latest from the date on which it was informed of the decision to withdraw. The refund is made using the same means of payment as the original transaction, unless the Client expressly agrees to a different means. The refund involves no fee for the Client.

6.4. Services started during the withdrawal period

Some of our services — for example emergency malware removal or intervention on a website that is down — only make sense if they start immediately. For that reason, if you want the work to begin before the 14 days expire, we will ask you for an express request to that effect, sent on a durable medium (usually by email). The consequences are those laid down by law:

• If you withdraw while the service is in progress, and performance began at your express prior request, the contract ends, but you owe an amount proportional to what has actually been provided up to the moment you notified us of the withdrawal, in relation to the full value of the contract. The difference is refunded in accordance with Article 6.3.
• If we began performance without an express request from you, you owe nothing for the period elapsed, and any amounts paid are refunded in full.
• If the service has been fully performed before the 14 days expire, and performance began at your express prior request and after you acknowledged that you would lose your right of withdrawal once the contract was fully performed, the right of withdrawal is extinguished, in accordance with Article 16(a) of GEO no. 34/2014. We will ask for that acknowledgement explicitly and in writing before starting work; we do not infer it from silence, from the continuation of the collaboration, or from a pre-ticked box.

The site onboarding fee (Article 4.1) is the textbook case of a service that only makes sense if carried out immediately: the audit, the initial backup, and the setup of security and monitoring are done once, at the start, and their result cannot be “given back” afterwards. Therefore, for this fee:

• If you withdraw before the onboarding work has begun, the fee is refunded in full, in accordance with Article 6.3. We keep nothing from it.
• If you withdraw while the onboarding work is in progress, and it began at your express prior request, you owe only the part proportional to what has actually been carried out up to the moment of your notification, and the remainder of the fee is refunded. If the work began without such a request, the fee is refunded in full.
• If the onboarding work has been fully completed, and it began at your express prior request and after the acknowledgement described above, the right of withdrawal in respect of this fee is extinguished, in accordance with Article 16(a) of GEO no. 34/2014, and the fee is no longer refundable.

We do not begin the onboarding work before the 14 days expire without an express request from you. If you do not send us such a request, we simply wait for the period to run out, and your right of withdrawal remains untouched. We do not infer that request from the mere payment of the invoice or from the start of technical discussions.

For monthly or annual subscriptions, “full performance” does not occur at the start of the period: a subscription runs over time. If you expressly asked us to start the maintenance during the withdrawal period and you then withdraw within the first 14 days, you owe only the part corresponding to the period already covered. If you did not send us such an express request, you owe nothing for the period elapsed, even if we had started work in the meantime.

The recurring subscription keeps its ordinary right of withdrawal, independently of the onboarding fee: even if the onboarding work has been completed and the fee has become non-refundable, you may still withdraw from the subscription within the 14 days, under the conditions above.

6.5. Relationship with the commercial guarantee

The 14-day right of withdrawal is a statutory right and exists independently of the 30-day commercial guarantee described in Article 5. The two may overlap in time; you may rely on either, and if both apply to your situation, whichever is more favourable to you applies.

6.6. Model withdrawal form

Complete and send this form only if you wish to withdraw from the contract. You may send it by email.

• To: OptimWP, [to be completed: company name and postal address], email: [email protected];
• I hereby give notice that I withdraw from my contract for the provision of the following services: ________________________;
• Ordered on: ________________________;
• Name of the consumer: ________________________;
• Address of the consumer: ________________________;
• Signature of the consumer (only if this form is sent on paper): ________________________;
• Date: ________________________ .

7. Intellectual property rights

The content of the OptimWP website (text, graphic elements, logo, structure, code) is protected by intellectual property rights and may not be copied, reproduced or used without the Provider’s written consent.

The results of the configurations and optimizations carried out on the Client’s website remain at the Client’s disposal after full payment for the service. The Provider’s own tools, methodologies and components remain its property. Third-party software licenses (themes, plugins) are governed by the respective providers’ own terms.

8. Obligations of the parties

8.1. Provider’s obligations

• To provide the services professionally, in accordance with the accepted offer.
• To treat the Client’s access details and information as confidential.
• To inform the Client of any relevant matters arising during the provision of services.

8.2. Client’s obligations

• To provide the necessary access, information and materials in a timely manner.
• To pay for the services and subscriptions by the agreed deadlines.
• Not to use the services for illegal purposes and to respect the rights of third parties.
• To maintain, as far as possible, their own backup copy of the website.

9. Limitation of liability

The Provider exercises all reasonable diligence to ensure the proper operation, security and performance of the websites it manages, but cannot guarantee the absence of any incidents, given that the WordPress environment depends on external factors (hosting, third-party services, plugins, cyberattacks, user actions).

To the extent permitted by law, the Provider’s liability is limited to the value of the service that caused the damage. The Provider is not liable for indirect losses, loss of profit, loss of data caused by third parties or by the lack of backups maintained by the Client, or for interruptions caused by external providers.

Nothing in this article limits the Provider’s liability in cases where the law does not permit such a limitation, and nothing in it restricts the statutory rights of a Client who is a Consumer.

10. Duration and termination

The contract takes effect upon confirmation of the order and, in the case of subscriptions, for the duration of the paid period, with renewal as agreed by the parties. Either party may terminate the collaboration with reasonable written notice (including by email), subject to fulfilling any obligations already due.

Termination does not affect amounts owed for services provided up to that point. Upon termination, the Provider may hand over to the Client the relevant information in its possession regarding the configurations carried out.

11. Force majeure

Neither party is liable for the non-performance of obligations caused by an event of force majeure or fortuitous event (for example natural disasters, major disruptions to internet or power infrastructure, large-scale cyberattacks, decisions by the authorities), for the duration of and to the extent that the event prevents performance. The affected party notifies the other party as soon as possible.

12. Applicable law and dispute resolution

This document and the relationship between the parties are governed by Romanian law. The parties will attempt to resolve any dispute amicably.

If an amicable solution is not reached, disputes will be settled by the competent courts in Romania. For consumer clients, alternative dispute resolution is available:

• The National Authority for Consumer Protection (ANPC) — anpc.ro.
• The European Online Dispute Resolution platform (ODR) — ec.europa.eu/consumers/odr.

13. Changes to the terms

The Provider reserves the right to update these terms and conditions, for example to reflect changes in legislation or in the services. The applicable version is the one published on the website at the time of the order. Significant changes affecting ongoing subscriptions will be communicated to the Client in good time.

14. Contact details

For any question regarding these terms and conditions, you can contact us by email at [email protected].

• Operator: OptimWP ([to be completed])
• Email: [email protected]
• Country: Romania