Terms & Conditions

Terms & Conditions

1. Introduction and General Information

These Terms and Conditions ("Terms") govern the relationship between SPLIT DIGITAL SRL ("Provider," "we," "us," or "our") and any natural or legal person ("Client," "you," or "your") who accesses or uses our digital services.

Company Information:

  • Registered Name: SPLIT DIGITAL SRL

  • Country of Origin: Romania

  • Registered Address: Romania, Brasov, Brasov, Str. Crinului 8

  • Unique Identification Number: 48113845

  • Registration Number: J08/1314/2023

These Terms are drafted in accordance with the applicable Romanian and European Union legislation, including but not limited to Law no. 365/2002 concerning e-commerce, Regulation (EU) 2016/679 (GDPR), Emergency Ordinance no. 141/2021 transposing Directive (EU) 2019/770 on digital content and digital services, and Regulation (EU) 2022/2065 (Digital Services Act)

2. Definitions

For the purpose of these Terms, the following terms shall have the meanings assigned to them below:

  • Services: The digital services provided by SPLIT DIGITAL SRL as detailed in Section 3 of these Terms.

  • Agreement: The contractual relationship between the Provider and the Client, governed by these Terms and any additional specific agreements.

  • Digital Content: Data produced and supplied in digital form.

  • Digital Service: A service allowing the creation, processing, storage, or access to data in digital form; or a service allowing the sharing of or any other interaction with data in digital form uploaded or created by the Client or other users.

  • Intellectual Property Rights: Any and all intellectual property rights, including but not limited to copyrights, trademarks, design rights, patent rights, database rights, and domain names.

3. Description of Services

SPLIT DIGITAL SRL is a digital agency operating in the following areas:

  • Web development and design services

    • Hosting services for websites

    • Design creation in Figma or any other relevant UI creation tool (Adobe Illustrator, Figma, Framer)

    • Development of online stores (e-commerce websites, webshops)

    • Development of presentation websites

    • Development of landing pages

    • Website migration services

    • Maintenance services

  • Digital strategy services

    • Complete digital strategy providance for any business starting or wanting to improve their digital presence

    • Step-by-step detailed roadmap tied to deadlines and milestones

  • Data marketing services

    • Google Ads

    • Meta Ads (Placement across all platforms)

    • Facebook Ads

    • TikTok Ads

    • LinkedIn Ads

  • Web analytics services

    • User tracking implementation

    • Google Analytics 4 or any other web analytics tool setup and configuration

    • Custom dashboard creation

    • Reporting and visualization

    • Data analysis

    • Custom tracking methods and implementations

  • AI solutions & automation

4. Formation of Agreement

4.1. Contract Formation

The contractual relationship between the Provider and the Client is established when the Client places an order for services and receives confirmation of acceptance from the Provider. The Agreement is considered a commutative contract, where the existence and extent of the parties' rights and obligations are determined or determinable at the time of conclusion .

4.2. Object of the Contract

The specific services to be provided will be explicitly mentioned in the order form and/or a separate service agreement. It is crucial that the object of the contract is clearly defined, with rights and obligations explicitly provided, to ensure a common understanding between the Provider and the Client .

4.3. Electronic Formation

In accordance with Law no. 365/2002 concerning e-commerce, contracts may be validly concluded through electronic means. The Agreement is considered validly concluded when the Client's acceptance of the Provider's offer is received by the Provider .

5. Rights and Obligations of the Parties

5.1. Provider's Obligations

The Provider undertakes to:

  • Provide the services as described in the specific order or agreement with professional care and skill.

  • Comply with all applicable Romanian and European Union legislation.

  • Respect the Client's instructions to the extent they do not contravene legal provisions or professional standards.

  • Provide timely and accurate information to the Client regarding the status of service delivery.

  • Maintain appropriate security measures for the protection of the Client's data.

  • Act in good faith and loyalty toward the Client .

5.2. Client's Obligations

The Client undertakes to:

  • Provide complete, accurate, and timely information necessary for the provision of services.

  • Cooperate with the Provider and provide feedback when requested.

  • Pay the agreed fees according to the payment schedule.

  • Respect the intellectual property rights of the Provider and third parties.

  • Use the Provider's services in compliance with applicable law and these Terms.

  • Act in good faith and loyalty toward the Provider .

6. Price and Payment Conditions

6.1. Fees

The fees for the services shall be those specified in the order form or separate service agreement. All fees are expressed in Romanian Lei (RON) or in Euro (EUR) unless otherwise stated and exclude VAT, which will be added at the applicable rate.

6.2. Payment Terms

Unless otherwise agreed in writing, payment terms are as follows:

  • The Client shall pay the invoiced amount within 15 calendar days from the invoice date.

  • Payments shall be made by bank transfer to the Provider's bank account as indicated on the invoice or through other payment processors which are going to charge you on a monthly basis and send the invoice automatically based on the agreement.

  • Late payments may incur interest at the legal rate established by Romanian law.

6.3. Price Changes

The Provider reserves the right to modify its fees. Any changes will be communicated to the Client at least 30 days in advance and will apply only to future services, not to ongoing projects already contracted.

7. Intellectual Property Rights

7.1. Ownership of Pre-existing Materials

Each party shall retain ownership of any intellectual property rights it owned prior to the Agreement. No transfer of ownership of any pre-existing intellectual property shall occur under these Terms.

7.2. Ownership of Deliverables

Unless otherwise agreed in writing, the intellectual property rights in the deliverables created specifically for the Client shall transfer to the Client upon full payment of all invoices. Upon failure of providing payment, all deliverable materials will be retained and ownership of them will be under the Provider, while blocking all further access to the materials for the Client.

7.3. Provider's Portfolio Rights

The Provider reserves the right to use the delivered work for its own portfolio and promotional purposes.

7.4. Third-party Materials

For third-party materials incorporated into the deliverables (such as stock images, fonts, plugins, or software), the Client obtains only the license rights granted by the respective third-party owners, subject to any limitations or conditions of such licenses.

8. Personal Data Protection

8.1. GDPR Compliance

Both parties shall comply with the obligations imposed by Regulation (EU) 2016/679 (GDPR) and Romanian Law no. 190/2018 on measures for the application of the GDPR .

8.2. Data Processing

When the Provider processes personal data on behalf of the Client, the parties shall enter into a separate data processing agreement that complies with Article 28 of the GDPR.

8.3. Privacy Policy

The Provider's privacy policy is an integral part of these Terms and provides detailed information about how personal data is collected, processed, and protected. The current version of the privacy policy can be accessed on the Provider's website.

8.4. Cookies and Tracking Technologies

The Provider's website may use cookies and similar tracking technologies. Information about the types of cookies used, their purpose, and how to manage them is available in the Provider's Cookie Policy .

9. Limitation of Liability

9.1. Scope of Liability

The Provider shall be liable only for direct damages caused to the Client as a result of Provider's gross negligence or willful misconduct in providing the services. The Provider's total liability shall not exceed the amount paid by the Client for the specific services that gave rise to the liability

9.2. Exclusion of Liability

The Provider shall not be liable for:

  • Indirect, incidental, special, or consequential damages.

  • Loss of profits, revenue, savings, data, or business opportunities.

  • Damages resulting from the Client's failure to provide accurate information or to cooperate.

  • Damages resulting from the Client's inappropriate use of the deliverables.

  • Any issues arising from third-party products or services.

9.3. Force Majeure

Neither party shall be liable for failure to perform its obligations if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, riots, strikes, or internet service provider failures .

10. Term and Termination

10.1. Term

These Terms shall remain in effect for the duration specified in the specific service agreement or until the completion of the services, whichever is later. In case of users only visiting the website and not requesting services, these terms apply for every session created by the user.

10.2. Termination for Convenience

Either party may terminate the Agreement for convenience by providing at least 30 days' written notice to the other party, unless a different notice period is agreed in the specific service agreement.

10.3. Termination for Cause

Either party may terminate the Agreement immediately upon written notice if the other party:

  • Breaches a material provision of these Terms and fails to remedy such breach within 15 days of receiving notice.

  • Becomes insolvent, enters into administration, or commences liquidation proceedings.

10.4. Consequences of Termination

Upon termination:

  • The Client shall pay for all services performed up to the date of termination (including the 30 days written notice as services continue to be provided in this period).

  • Each party shall return or destroy all confidential information of the other party.

  • The provisions of these Terms that by their nature should survive termination shall remain in effect.

  • Every aspect of both parties such as, confidential information, way of working or any other related information to both parties shall strictly be kept secret as part of a Non Disclosure Agreement (NDA).

11. Confidentiality

11.1. Confidential Information

Each party shall treat as confidential all non-public information obtained from the other party in connection with the Agreement, including but not limited to business plans, customer data, technical specifications, and financial information.

11.2. Protection Obligations

Each party shall:

  • Protect the confidential information with the same degree of care it uses for its own confidential information, but no less than reasonable care.

  • Not disclose confidential information to any third party without the prior written consent of the disclosing party.

  • Use confidential information solely for the purpose of performing its obligations under the Agreement.

11.3. Exceptions

The confidentiality obligations shall not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party.

  • Was known to the receiving party prior to disclosure.

  • Is independently developed by the receiving party without use of the disclosing party's confidential information.

  • Must be disclosed by law or court order.

12. Dispute Resolution and Applicable Law

12.1. Applicable Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions .

12.2. Amicable Resolution

The parties shall attempt in good faith to resolve any dispute arising out of or relating to the Agreement through negotiation before resorting to litigation.

12.3. Jurisdiction

If the parties fail to resolve the dispute amicably, the competent courts of Romania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement .

13. Final Provisions

13.1. Entire Agreement

These Terms, together with any specific service agreement and privacy policy, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

13.2. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.

13.3. Assignment

The Client may not assign or transfer any rights or obligations under the Agreement without the prior written consent of the Provider. The Provider may assign its rights and obligations to an affiliate or a successor in interest.

13.4. Amendments

The Provider reserves the right to amend these Terms at any time. Any amendments shall be effective upon posting the revised Terms on the Provider's website. The Client's continued use of the services after such posting constitutes acceptance of the amended Terms.

13.5. Electronic Communications

By using our services, you consent to receive electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements .

13.6. Language

These Terms are drafted in English.

13.7. Contact Information

For any questions regarding these Terms, please contact us at:

  • Email: office@splitagency.eu

  • Phone: +40 770 355 391

Last updated: March 18, 2025