TERMS AND CONDITIONS

By browsing our website, registering on the site, or placing an order, you agree to the Terms and Conditions described below. This document represents a legal agreement, i.e., a contract between you and us.

Please also read the Privacy Policy before browsing, registering on the site, or placing an order. If you do not agree with these Terms or the Policy mentioned above, please do not use the site.

We reserve the right to modify these Terms at any time and without prior notice. Your order will be subject to the terms in effect at the time it is placed. By accessing our site, you will find the most recent version of the applicable Terms and Conditions.

If you have any questions or concerns, you can contact us at contact@baboon.ro, and we will respond as soon as possible. By accessing www.baboon.ro, you expressly and unequivocally agree to the site’s Terms and Conditions.

The website www.baboon.ro and all related domains, subdomains, and applications (collectively referred to as the Platform or Site) are the direct property of Baboon Software SRL, a Romanian company headquartered in Bistrița, str. Caraiman, nr. 5, Bistrița-Năsăud county, registered at the Bistrița Trade Register Office under no. J06/153/2016, Unique Registration Code: RO35636400, email contact@baboon.ro, phone no. +40 (0) 372.222.846 (hereinafter referred to as the Company, the Provider, or Baboon).

By using this site, including all materials presented within and all online services offered by Baboon, you agree to these Terms and Conditions of use without modification and consent that you have read them.

If you do not wish to abide by the rules described in this document, please do not use the information or services provided on this site.

I. Site Overview

Through the site, Baboon Software presents and provides you with specific digital technology services, such as web design services, website creation/administration, online store creation, online promotion, website maintenance, domain sales, and hosting services.

By accessing the site, you can get information about the services offered by Baboon Software, contact the Company for service offers requiring immediate execution, such as website creation, or order online services with ongoing provision, such as website maintenance and hosting.

Baboon Software may publish information on the Platform about Services and/or promotions practiced by itself or any third party with which Baboon Software has partnership agreements, within a certain period and subject to availability.

Services offered as part of any promotion or campaign of any kind are also subject to the terms and conditions applicable to that campaign or promotion.

Any promotions presented on the Platform are valid for the specified duration.

The Company provides the User with an email address in the "Contact" section of the Platform to identify and correct errors that occurred when entering data. As a rule, communication with the Company will be conducted through the addresses mentioned in the "Contact" section of the Platform.

II. Site Usage Conditions

Using the Platform to place an Order, request a quote, or browse is permitted for any User acting with a legitimate purpose and intending to purchase one or more Services from the Provider presented on the Platform, in compliance with these terms and conditions.

Abusive use of the Platform is strictly prohibited. Abusive use includes any use of the Platform in a manner that contradicts fair commercial practices, violates applicable laws, or may harm Baboon Software or its affiliates in any way.

Baboon Software reserves the right to deny access to certain Customers to parts or all functions of the Platform and to restrict the processing and/or delivery of an Order if, in Baboon Software's reasonable opinion, there are suspicions of fraud, if the User behaves in a manner that may harm Baboon Software’s or its affiliates’ interests, or if the User abuses the Platform.

The Company cannot guarantee uninterrupted and continuous use of the site. Errors, defects, viruses, or other harmful behaviors may occur on the site or servers, making it unavailable. We will take all measures to limit and eliminate such unpleasant events as quickly as possible. You are not allowed to intervene in the site's operation or take any action on the computer equipment, regardless of the reason or result obtained.

III. Accessing Services

1. Immediate Execution Services

1.1 To benefit from services requiring immediate execution, such as website creation, online store creation, website optimization, or search engine optimization (SEO), you can request an offer from Baboon Software.

1.2 To request an offer, in the dedicated section of the site for the services mentioned in paragraph 1 or in the header of the site’s homepage, there is a request offer button (Request Estimate or Request Offer) that you can select, after which you will fill in all the requested information in the generated form, to establish an offer and have Baboon Software contact you. You can also request an offer or other information by contacting the Company using the contact details provided in the contact section of the site.

1.3 By submitting a request for an offer, you expressly consent to the processing of the data provided for the purpose of contacting you by the Company, both by phone and email.

1.4 Following the submission of a request for an offer, the User will be contacted by Baboon Software to present a price offer and negotiate the details of a potential contractual relationship.

2. Ongoing Services

2.1 Ongoing services, such as website maintenance, online promotion, and website hosting, are available in the form of a subscription for a minimum of 3 months and can be ordered online by placing an order on the site, in the sections dedicated to presenting these types of services.

2.2 The User can place Orders through the Platform, exclusively by registering a prior 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 their Orders on the Platform more efficiently, with the possibility to view information about previous Orders, fiscal invoices, etc. The Account can be registered by providing an email address and a password or by logging in using different social networks (including but not limited to Facebook, LinkedIn, Google, etc.). Baboon Software reserves the right to validate Orders before fulfilling them by contacting Customers by phone or email, and Customers explicitly declare they accept this right of the Company.

2.4 Adding a Service to the shopping cart without completing the Order does not result in placing an Order.

2.5 By completing the Order, the User confirms that all the data they have provided is correct, complete, and true as of the date of placing the Order. By placing an Order, the User explicitly acknowledges that the respective Order entails a firm obligation to pay the "total amount payable" indicated.

2.6 All orders will be paid in advance for the period selected at the time the order is placed. By placing the order, the User agrees to the automatic renewal of the subscription and the corresponding payments for the subscription to be made recurrently.

2.7 The order and subscription are paid based on a subscription through the MobilPay (Netopia) payment processor. Recurring payments are made automatically from the User’s card, in advance, at the beginning of the service provision period. The User agrees to this at the time of placing the first order and, respectively, activating the subscription.

2.8 The order will be considered completed once the User has paid the full price of the Products in the Order, through 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 no later than at the start of the Order process.

2.9 If the subscription payment is not confirmed, Baboon Software reserves the right to suspend services to the User until the subscription is reactivated and the payment is confirmed by the payment processor.

2.10 The Order is accepted, and the Contract is considered concluded between the Provider and the User upon receipt by the User of a notification from the Provider, via email and/or SMS, regarding the successful payment of the Services.

2.11 By creating an Account and, where applicable, completing the Order, the User consents to the Provider contacting them by any available means, including automated calling systems without human intervention, fax, email, whenever it is necessary to contact the User to execute the Contract. The Contract includes these terms and conditions as well as any subsequent agreements between the User and the Provider regarding an Order.

2.12 The Provider may cancel the Order placed by the User, with simultaneous or subsequent notification to the User, and without such cancellation incurring any liability on Baboon Software's part to the User, in the following cases:

• the transaction is not accepted by the User's card-issuing bank in the case of online payment;
• the transaction is invalidated by the card processor approved by Baboon, in the 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 the Order, the User pursues an illegal purpose or may cause any kind of damage to Baboon Software or its affiliates;
• any of the terms and conditions in this document have not been fully complied with.

2.13 The User has the possibility to manage their subscription from the client account and can cancel it at any time, without affecting the payments made in advance. A payment made is non-refundable even if the User cancels the subscription before the expiration of the covered period.

IV. Prices / Invoices / Payments

The prices of Ongoing Services displayed on the Platform are expressed in Euro, to which VAT is added according to the legislation in force. The applicable prices for Services are calculated and invoiced based on the official exchange rate of the BNR on the day the order is placed +2%.

Clients with an active subscription that includes web development (TREE HOUSE, CABIN, RESORT, or AMAZON) benefit from a preferential price for web development and graphic services (debugging, content introduction/modification, creation of new pages, design changes, etc.) of 30 EUR + VAT / hour.

The price of the Services is established in the form of a subscription (monthly, quarterly, semi-annually, or annually), which is automatically renewed for the same period until the User exercises their right to cancel the subscription. Additionally, the User has the option to pay the subscription in advance, in which case they may negotiate a discount from Baboon Software.

Baboon Software may update the prices of the Services at any time, and such an update will replace any previously displayed prices for those Services. However, for Users with an ongoing subscription, such a price change will not affect the period for which an advance payment has been made.

The Provider will issue the User an invoice for the delivered Services, and the User is obliged to provide all the necessary information according to the legislation in force for the Provider to issue the invoice. The User will have the ability to view and download the invoice for the purchased Services from their personal Account created on the Platform.

The User will pay for the ordered services in advance for the period selected at the time of placing the order, through the MobilPay (Netopia) payment processor.

If the subscription is not canceled before the billed period expires, the User expressly agrees to recurring payment and expressly authorizes Baboon Software to automatically charge the subscription price directly from the card used for the first order. The recurring payment will operate on the expiration date of the previously billed period and will be made in advance for the same period initially selected.

In the case of online payments, the Provider is not and cannot be held responsible for any additional costs incurred by the User beyond the Service price, including but not limited to transfer or currency conversion fees applied by the User's card-issuing bank if the card’s currency differs from the currency in which the sale is made.

The Provider is not responsible for any erroneous processing of the payment or errors recorded through the payment system, including but not limited to losses incurred by using the card payment system.

V. User Withdrawal and Subscription Cancellation Rights

Baboon.ro is a service site, and according to Art. 16 letter a) of GEO 34/2014, updated, service contracts are exempt from the right of withdrawal once the services have been fully provided if the execution has begun with the prior express consent of the consumer (individual) and after the consumer has confirmed that they acknowledge that they will lose the right of withdrawal after the full execution of the contract by the professional. The Client declares that they understand and confirm that after the full execution of the contract, they are not entitled to the right of withdrawal under Art. 16 letter a) of GEO 34/2014, as the services provided are exempt from the right of withdrawal. For corporate clients, the provisions of GEO 34/2014 are not applicable.

This does not affect your right to opt at any time to cancel the purchased subscription without notice. However, Baboon Software will have no obligation to refund the price for the remaining billed period. To cancel the subscription, you must access your personal account on the Platform and follow the cancellation instructions.

However, canceling the subscription before the minimum period of 3 months is subject to the User’s obligation to pay a fee, as follows:

1. for 3-month subscriptions, the termination fee equals the difference up to the full value of the subscription price,
2. for 6-month or longer contracts, the termination fee equals 50% of the full value of the subscription price.

VI. Advertising

The Client can express their consent to receive commercial communications via email, allowing the Provider and its collaborators to make such communications by checking the specific option at the end of these terms and conditions.

The Client may revoke their consent for such commercial communications at any time by:

• sending a written request to Baboon at the email address in the "Contact" section of the Platform; in this case, the revocation will take effect within a maximum of 48 (forty-eight) hours from the initiation of the procedure;
• opting out of receiving Newsletters at any time by accessing the dedicated link found in any Newsletter;
• checking the withdrawal option in the dedicated section of the Platform.

This procedure will be mentioned in all commercial communications sent by the Provider to Customers.

Baboon Software's newsletters are sent through partners specialized and approved by Baboon Software.

The Client's opt-out of receiving Newsletters does not imply withdrawal of the consent given for the remaining terms and conditions regarding online sales made by Baboon Software.

VII. Liability

The Provider is not liable for any damages caused to the User or any third party as a result of the Provider fulfilling any of its obligations under the Order, nor for damages resulting from improper use of the services provided.

The Provider cannot be held liable for any loss of use, contracts, data, goodwill, revenue, or profits (whether considered direct claims or not) or any subsequent, special, indirect, incidental, punitive, or exemplary damages in connection with this Contract, its Services.

The User will keep the username and password for their Account secure, being solely responsible in the event of fraudulent use by a third party. The User is responsible for checking the final version of the Terms and Conditions, Privacy Policy, and Cookies Policy each time they use the site.

The Provider does not guarantee uninterrupted and continuous use of the site. Errors, defects, viruses, or other harmful behaviors may occur on the site or servers, making 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 on the computer equipment, regardless of the reason or result obtained.

VIII. Complaints & Claims

For complaints or claims regarding the purchased Service, the User has a complaint form available on the Platform.

The User can submit complaints regarding Orders, which will be sent to the email address mentioned in the "Contact" section of the Platform. Complaints thus received will be resolved by the Provider within a maximum of 30 (thirty) calendar days from their receipt.

IX. Use and Processing of Personal Data of Individuals

By using the Platform, the User understands and agrees to transmit personal data to Baboon Software, which will be processed in accordance with and for the purposes provided in the Privacy Policy and Cookies Policy, which supplement these Terms and Conditions.

X. Confidentiality

Both the Provider and the User undertake and guarantee to keep Confidential Information confidential, prevent its disclosure to third parties, and not use it for any purposes other than those contemplated by this Contract, except those authorized in advance in writing by the Provider/User and subject to the terms and conditions imposed by this.

XI. Force Majeure

Neither the Provider nor the User will be liable for the non-performance of their contractual obligations if such non-performance, in whole or in part, is due to a force majeure event as defined by the Romanian Civil Code.

If, within 15 (fifteen) days of the force majeure event, the respective event does not cease, either the Provider or the User will have the right to notify the other party of the automatic termination of the Contract, without either party being able to claim damages from the other.

XII. Applicable Law and Dispute Resolution

This Contract is subject to Romanian law.

Baboon and the User will try to resolve amicably any disputes or misunderstandings that may arise. If an amicable settlement is not possible, disputes will be resolved by the competent Romanian courts at the Provider's headquarters.

XIII. Intellectual and Industrial Property

The content of the site, including but not limited to logos, stylized representations, symbols, images, photos, text content, information, structure, program materials, know-how, content, structure, program management, and the like, are the exclusive property of Baboon Software. Copying, distributing, publishing, modifying, supplementing, using, displaying, including, linking, transmitting, removing markings, photos, images, text fragments, displaying, selling, etc., of the content, data, information, photos, or other information found on the site, without prior written permission from Baboon Software, is prohibited.

No User acquires, by using and accessing the site, any rights or licenses to use any of the information on the site. No User has the right to use an automated or manual device to monitor the materials available on the site.

Baboon Software retains and reserves the exclusive ownership rights (including but not limited to copyright and other intellectual property rights) over all materials (graphics, texts, images, animations, concepts, etc.) and ads created on Facebook, Instagram, YouTube, Google during the contractual period, and no other entity has the right to use, distribute, publish, copy, or modify these materials/ads under penalty of paying damages to Baboon Software.

Baboon Software also retains ownership rights (including but not limited to copyright and other intellectual property rights) over the concept, name, project content, texts, photos, recordings, films, and all rights to use and disclose the ideas, concepts, know-how, methods, techniques, processes, and adaptations thereof during its activity.

The site will only be used by users for information, registration, ordering, and visiting. Visiting or ordering our services automatically implies acceptance of these terms and conditions. Likewise, using any other current or future services provided by Baboon Software implies acceptance of the same terms and conditions, unless otherwise specified.

As a user, you do not have the right to modify, in whole or in part, the website, to reproduce, in whole or in part, the website, to copy, sell, or exploit the site in any other way without the company's consent. The Visitor/Client/User will not modify, copy, distribute, transmit, display, publish, reproduce, grant licenses, create derivative products, transfer, or sell any information or services obtained from or through this website.

The site user has no right to download, partially or fully modify the site, reproduce it, copy it, distribute it, sell or exploit it in any other way contrary to Baboon Software’s interests, regardless of whether there is a commercial purpose, except for the download permissions generated for certain documents transmitted in the execution of services.

No User acquires, through the use and access of the site, any right or license to use any of the information on the site or any intellectual/industrial property rights over the products and/or services ordered from the site. No User has the right to use an automated or manual device to monitor the materials available on the site.

XIV. Final Provisions

These terms govern Users' access to the site www.baboon.ro. If, after the site's launch and the publication of these terms, additional features or services are implemented on the site, they will be subject to the same rules and conditions contained in these clauses, unless they have distinct conditions from these.

By accessing this site, you accept the above conditions and agree that they constitute a contract, tacitly accepted, between the User and the site owner. If you do not wish to comply with the rules described above, please do not use the information or services provided on this site.

Baboon Software has the right to modify the Terms and Conditions at any time, without prior notice, by posting the updated version on the site. You are required to read the Terms and Conditions each time you access the site. You are obligated to fully comply with the site's Terms and Conditions and cannot claim ignorance of the site’s Terms and Conditions in effect at the time of access, use, and/or placing an order on the site.

The site owner reserves the right to modify the structure and interface of any page or subpage of the site at any time and at any freely chosen interval and has the right to temporarily, partially, or completely interrupt the services provided to customers through this site without any prior individual or general notice.

Promotions offered by Baboon Software are announced on the site. Promotions become valid when activated on the site and end when deactivated on the site. Promotions do not accumulate with each other or with other discounts and are only valid within the limits and in compliance with the conditions specified on the site.

These Terms and Conditions are supplemented with special provisions described in the product/event descriptions available on the site. If there are contradictions between these Terms and Conditions and the special provisions mentioned above, the special provisions will take precedence.

Last updated: December 28, 2022