Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your use of the website verbabit.com (“Site”) and the services provided by Verbabit SRL (“Verbabit”, “we”, “us”), a company registered in Romania. By accessing our Site or engaging our services, you agree to these Terms in full.

If you are entering into these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity.

2. Services

Verbabit provides custom software development, system modernization, digitalization consulting, web and mobile application development, and related technology services (collectively, “Services”). The specific scope, deliverables, timelines, and pricing for each engagement are agreed upon in a separate written contract or Statement of Work (“SOW”) between Verbabit and the client.

3. Pricing and Payment

3.1 Pricing

All Services are priced on a per-project basis unless otherwise agreed. Prices are stated in RON or EUR and exclude Romanian VAT (19%) unless explicitly stated otherwise. VAT will be added to invoices where applicable under Romanian and EU law.

3.2 Payment terms

Invoices are due within 14 calendar days of the invoice date unless otherwise agreed in writing. Late payments may incur a penalty of 0.1% per day on the outstanding balance, consistent with applicable Romanian commercial law.

3.3 Project deposits

Verbabit may require a deposit (typically 30–50% of the agreed project price) before work commences. Deposit terms will be specified in the SOW.

4. Intellectual Property

4.1 Client ownership

Upon receipt of full payment, Verbabit assigns to the client all intellectual property rights, including copyright, in custom deliverables created specifically for that client under the SOW.

4.2 Verbabit IP and open-source

Deliverables may incorporate Verbabit's pre-existing tools, libraries, and frameworks, as well as third-party open-source software. Verbabit retains ownership of its pre-existing IP. Open-source components are subject to their respective licenses.

4.3 Portfolio use

Unless otherwise agreed, Verbabit reserves the right to reference the existence of a project (but not confidential details) in its portfolio and marketing materials.

5. Confidentiality

Both parties agree to keep confidential all non-public information disclosed during the engagement. This obligation survives termination of the contract for 3 years. It does not apply to information that is or becomes publicly available through no fault of the receiving party.

6. Client Responsibilities

• Provide timely, accurate information and access required for project delivery.
• Designate a point of contact for communication and decisions.
• Review and approve deliverables within the timelines agreed in the SOW.
• Ensure that content, data, and materials provided to Verbabit do not infringe third-party rights.

7. Warranties and Representations

Verbabit warrants that Services will be performed with reasonable skill and care, consistent with industry standards. Verbabit does not warrant that software will be completely error-free, but undertakes to remediate material defects reported within 30 days of delivery at no additional charge.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Verbabit's total aggregate liability to any client for any claim arising out of or related to a project shall not exceed the total fees paid by that client under the relevant SOW in the 12 months preceding the claim.

Verbabit is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or data, even if advised of the possibility of such damages.

9. Right of Withdrawal (Consumers)

If you are a consumer (an individual acting outside of any trade, business, or profession) entering into a distance contract, you ordinarily have a 14-day right of withdrawal under EU Directive 2011/83/EU and Romanian consumer law.

Exception for digital services: If you explicitly request that service delivery begins before the 14-day withdrawal period expires, and you acknowledge that your right of withdrawal is thereby lost, the withdrawal right does not apply once delivery has commenced. This acknowledgment will be obtained at the point of engagement.

10. Termination

Either party may terminate a project engagement with 14 days' written notice. Upon termination, the client shall pay for all work completed to the termination date. Verbabit will deliver all completed work and materials to the client.

11. Acceptable Use of the Website

You agree not to:

• Use the Site in any way that violates applicable law or regulations.
• Transmit unsolicited commercial communications (spam).
• Attempt to gain unauthorized access to any part of the Site or its infrastructure.
• Introduce malicious code, viruses, or other harmful material.
• Scrape, crawl, or harvest data from the Site without prior written consent.

12. Dispute Resolution

Any dispute arising out of or related to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties. If unresolved, disputes shall be referred to the competent courts of Romania. Consumer disputes may also be submitted to ANPC for alternative dispute resolution (see anpc.ro).

13. Governing Law

These Terms are governed by the laws of Romania and applicable European Union legislation.

14. Changes to These Terms

We reserve the right to modify these Terms. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms. Material changes will be communicated with at least 14 days' notice.

15. Contact

Questions about these Terms: [email protected]