Terms & Conditions

The tigidal.ro website and the software development services presented on it are provided by:

• Name: Hosu Paul PFA (self-employed sole trader)

• Registered office: Brașov, Romania

• Tax ID (CUI/CIF): [TO BE COMPLETED BEFORE PUBLISH]

• Email: office@tigidal.ro

• Phone / WhatsApp: +40 774 820 272

• Main activity: software development (CAEN code 6201).

Hereinafter referred to as the "Provider" or "we".

By using the tigidal.ro website, by submitting a request through the contact form, by completing the estimate wizard, or by any other form of initiating a business dialogue with the Provider, you confirm that you have read, understood, and accepted these Terms and Conditions.

These terms apply to the pre-contractual relationship and during use of the site. For each specific project, a separate written contract will be concluded, detailing the specifications, firm price, timelines, and deliverables. In case of discrepancy between these framework terms and a contract signed per project, the contract prevails.

If you do not agree with these terms, please do not use the site and do not submit requests.

The Provider offers the following categories of services:

• Web application development (frontend, backend, full-stack);

• Mobile application development (cross-platform or native);

• Technical consulting and software architecture;

• Code review and technical audit;

• Maintenance and support for existing applications;

• Related services (DevOps, deployment, third-party integrations).

The estimates generated by the wizard on the site are strictly indicative. They are based on your answers and general statistical data, without a detailed analysis of the actual requirements. The estimate does NOT constitute a firm offer and does NOT bind the Provider. A firm offer is sent in writing only after an initial discussion and a review of the requirements.

The Provider reserves the right to decline any project, without any obligation to justify the refusal (e.g. projects that conflict with professional ethics, are outside the Provider's competencies, have unrealistic deadlines, or involve clients with whom prior collaboration was problematic).

The standard collaboration follows these stages:

1. Initial lead — we receive your request through the contact form, wizard, or directly by email/phone.

2. Free discovery call — an initial discussion (phone / video / email) of approx. 30–60 minutes to understand the requirements. NOT billed.

3. Specification and firm offer — based on the discussion, we send a specification and a written offer with a firm price or range, timelines, and deliverables. For complex projects, the spec stage may be billed separately as a "technical workshop".

4. Written contract — upon acceptance of the offer, we sign a services agreement with full details (electronic or physical signature).

5. Advance payment — issuing the advance invoice (see section 5).

6. Development — execution according to plan, with regular updates (weekly or bi-weekly).

7. Handover and acceptance — delivery of source code, documentation, and deployment. The acceptance period is generally 7 days, during which the client tests and reports any non-conformities.

8. Post-delivery support — bug-fix warranty period (see section 7), optionally a separate maintenance contract.

Advance upon signing the contract: between 30% and 50% of the project value, configurable per project depending on size, duration, and the business relationship.

Intermediate stages: for projects lasting more than 3 months, payments are staggered across milestones defined in the contract (usually 25–35% per intermediate milestone).

Final balance: upon delivery and acceptance, before the full transfer of the source code.

Currency: RON or EUR, as per the contract.

VAT: The Provider applies the tax regime applicable to sole traders (PFA) under Romanian law. If turnover is below the VAT exemption threshold set by the Romanian Tax Code, invoices do NOT include VAT. Once the threshold is exceeded, the Provider registers as a VAT payer and applies VAT as required by law. The current threshold can be checked on the ANAF website.

Payment term: 7 calendar days from the invoice date, unless otherwise agreed in the contract.

Delays:

• After 15 days of payment delay, the Provider has the right to suspend work until the outstanding amount is paid. Contractual deadlines are extended accordingly for the suspension period.

• Late payments incur a penalty of 0.1% per day of delay on the outstanding amount, calculated from the due date until full payment. Penalties cannot exceed the value of the outstanding amount (legal limit under the Civil Code).

• After 60 days of non-payment, the Provider has the right to unilaterally terminate the contract, keeping the amounts already received as compensation for work performed, and handing over to the client only the materials corresponding to the payments made.

Payment method: bank transfer to the account indicated on the invoice. Payment confirmation is considered effective when the funds are credited to the Provider's account.

Custom code developed for the client: the economic copyright over code written specifically for the client's project transfers to the client upon full payment of the project. Until full payment, the Provider remains the rights holder and grants only a provisional license for testing and acceptance purposes.

Open-source components and third-party libraries: the delivered code may contain open-source libraries or third-party components, which remain under their original licenses (MIT, Apache 2.0, GPL, etc.). The client is required to comply with these licenses. The Provider will provide a list of the dependencies used and their licenses.

The Provider's reusable code: the Provider may use its own libraries, components, templates, and utilities, developed previously or in parallel with other projects. The Provider retains full rights over these; the client is granted a non-exclusive, perpetual, irrevocable, transferable license to use these components within the delivered project, without the right to separate redistribution.

Portfolio rights: the Provider reserves the right to mention the project in its own portfolio (website, CV, social media, presentations), including the client name, general description, screenshots, and technologies used. This right may be limited or excluded by a separately signed Non-Disclosure Agreement (NDA).

Generic know-how: the Provider remains free to use, in other projects, the technical knowledge, architectural approaches, and skills acquired during the collaboration, as long as the confidentiality of client-specific information is not breached.

30-day free bug-fix warranty: For a period of 30 calendar days from the date of project acceptance, the Provider will fix, free of charge, defects ("bugs") reported by the client. A "bug" is defined as a deviation from the accepted specification that prevents use in accordance with the agreed functionality.

The following are NOT covered by the warranty and are billed separately:

• Requests for new features or changes to the initial specification;

• Defects resulting from code changes made by the client or third parties after delivery;

• Issues caused by changes in third-party services (APIs, libraries, browsers, operating systems);

• Defects resulting from use under conditions different from those specified in the contract;

• Requests for performance optimization beyond the agreed thresholds.

"As is" disclaimer for business outcomes: The Provider delivers software in accordance with the agreed specifications, but does not guarantee specific commercial results (e.g. number of users, sales, conversions, business growth). The commercial success of the application depends on multiple factors outside the Provider's control.

Limitation of liability: The Provider's total liability towards the client, for any reason (contractual, tort, or other grounds), is limited to the total value of the contract for the project in question. This limitation applies to the extent permitted by law.

Exclusion of indirect damages: The Provider is NOT liable for indirect, incidental, special, or consequential damages, including (but not limited to): loss of profit, loss of data (in the absence of an agreed backup plan), loss of business opportunity, or reputational harm.

These limitations do not apply in cases of: intentional misconduct, gross negligence, or liability that cannot be excluded by law (e.g. consumer rights, where applicable).

Cancellation by the client:

• Within the first 7 days of signing the contract, if work has NOT actually started, the client may cancel the project with an 80% refund of the advance paid (20% retained for administrative costs and time reservation).

• After work has started, the advance becomes non-refundable, justified by the time already allocated and the opportunities declined by the Provider. Work already completed is delivered to the client as-is, against a final invoice reflecting the percentage of progress.

• For intermediate milestones already invoiced and paid, amounts are non-refundable, and the corresponding deliverables are handed over to the client.

Cancellation by the Provider:

• The Provider may unilaterally terminate the contract in case of non-payment under section 5, or in case of abusive behavior, requests outside the contract's scope without negotiating an extension, or an objective impossibility to continue.

• In case of cancellation due to the Provider's fault (unjustified inability to deliver), the Provider refunds the amounts received for undelivered work.

Cancellation by mutual agreement: the parties may agree at any time to end the collaboration, with the financial consequences and transfer of materials regulated in writing.

The Provider treats confidentially all business information, technical data, access credentials, and materials received from the client during the collaboration. This information will not be disclosed to third parties and will not be used for any purpose other than executing the project.

The confidentiality obligation remains in force after the collaboration ends, for a period of 3 years or longer if the nature of the information requires it.

For projects with heightened confidentiality requirements, the parties may sign a separate Non-Disclosure Agreement (NDA) before any exchange of sensitive information. The Provider generally accepts signing reasonable NDAs, without disproportionate penalties.

Reciprocally, the client treats confidentially any technical, methodological, or commercial information received from the Provider (including prices, internal procedures, and reusable code).

Neither party is liable for failure to fulfill obligations caused by a force majeure event, understood under Art. 1351 of the Romanian Civil Code as an external, unforeseeable, absolutely insurmountable, and unavoidable event.

Force majeure events include (by way of example, not limitation): natural disasters, war, pandemics declared by authorities, government decisions prohibiting the activity, and prolonged, widespread disruptions to internet or electrical infrastructure.

The affected party notifies the other party within a maximum of 7 days from the occurrence of the event. Deadlines are suspended for the duration of the force majeure event. If the event lasts more than 60 days, either party may request termination of the contract without penalties.

These terms and any contract derived from them are governed by Romanian law.

In case of disagreements, the parties agree to first attempt:

1. Direct amicable negotiation — at least 30 days from written notification of the disagreement.

2. Mediation (optional) — through an authorized mediator in Romania, if both parties agree.

3. Court proceedings — failing an amicable resolution, jurisdiction lies with the Romanian courts competent for the Provider's registered office (Brașov).

For disputes with consumers (individuals not acting for professional purposes), the jurisdiction rules provided by consumer protection legislation apply, where more favorable to the consumer.

The Provider may update these Terms and Conditions at any time, to reflect legal, operational, or business practice changes.

The updated version will be published on this page, indicating the date of the change.

Changes apply only to new projects started after the publication date. For projects already in progress at the time of the change, the terms and contract in effect at the time of signing remain valid, unless the parties agree otherwise in writing.

Continued use of the site after the publication of changes constitutes acceptance of the new version for new requests.