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Terms and Conditions

Version full text of the Terms and Conditions approved by our lawyer (set of 05.11.2026), with the editorial corrections approved by the owner on 07.11.2026 · Last updated: 8 November 2026

Last updated: 8 November 2026

Previous versions of the Terms and Conditions are available upon request using the Company’s contact details.

1. Overview

The thinkadmarketing.com website is operated by THINK ADMARKETING S.R.L., with its registered office at 72 Matei Basarab St., Room 1, Bl. L112, st. 1, 2nd floor, apt. 10, Sector 3, Bucharest, Romania, registered with the Trade Registry under no. J2023016080400, CUI 48700220 (“THINK ADMARKETING,” “we,” the ”Company”).

By using this website and our Services, you agree to all these Terms and Conditions. These Terms and Conditions form an integral part of the Agreement entered by the User with the Company and are fully binding on the Parties.

Your use of our Services is also subject to our Privacy Policy, which describes how we collect, use, share, and store your personal data.

Please read this page carefully and ensure that you fully understand its content and your obligations before using our website or the Services we offer.

2. Definitions

Annual Subscription

a service offered by the Company for a fixed term, whereby, after the Website is created, the User is granted a license to the Website’s intellectual property rights, allowing the User access to the Website and its hosting, including all its components and the standard technical infrastructure necessary for its operation, along with the Maintenance Service, as defined below

**Monthly Subscription **

a service offered by the Company for an indefinite period, whereby, after the Website is created, the User is granted a license to the Website’s intellectual property rights, allowing the User to access and host the Website, including all its components and the standard technical infrastructure necessary for its operation, along with the Maintenance Service, as defined below;

Full Purchase

a service offered by the Company whereby, after the Website is created, the economic rights of authorship over the original elements created specifically for the User are transferred to the User, provided in the terms of the Agreement and Section 11. Pre-existing elements that are reusable and incorporated third-party components are used within the limits of the applicable licenses. The handover does not include the Company’s internal infrastructure or shared accounts;

Agreement

the document signed by the User and the Company that sets forth the essential terms of the commercial relationship for the provision of the Services. These Terms and Conditions are incorporated into the Agreement and shall supplement its provisions;

Maintenance

This is a component of the Monthly Subscription and the Annual Subscription that the Company provides to Users as part of the price paid for the Subscription. The Maintenance Service includes: hosting and maintaining the website online; monitoring basic functionality; resolving technical errors related to the Company’s implementation of the Website; reasonably necessary technical/security updates; administration of the SSL/HTTPS certificate as long as the hosting provider supplies it; the contact form and its standard infrastructure; and minor content changes, limited to 30 minutes per month, such as changes to the schedule, phone number, text, price, or photo; Subscription support is provided by email, Monday–Friday, 9:00 AM – 5:00 PM Europe/Bucharest, excluding public holidays. Only working hours count: critical incident, involving complete unavailability or a blocked essential function — response and start of investigation within 4 working hours; important incident, involving significant impairment without complete unavailability — response within 1 business day; normal request — response within 2 business days. For support calculations, one business day means 8 opening hours; requests outside opening hours start accumulating time at the next opening. These are response times, not guaranteed resolution times. Minor changes have an operational completion target of 3 business days from the initial response, once complete materials are received; this neither limits mandatory remedy deadlines nor creates extra charges.

The archiving of Website files and exportable configurations is performed in accordance with the technical policy described below.

The Maintenance Service does not include: creating new pages, redesigns, new features, online stores, new integrations, extensive text/copywriting, logos/branding, SEO/marketing, photography/video, migration, or custom development; nor does it include any content changes whose implementation exceeds 30 minutes per month, as recorded in the Company’s internal records.

Technical archiving policy: a copy of the code, content, and exportable configurations is retained upon initial publication and after each change published by the Company, with restricted access. The current version and the most recent previous stable version are retained for the duration of the subscription; archives are deleted no later than 30 calendar days after termination, except where retention is justified by legal obligations or litigation. The archive does not include messages from forms, email inboxes, passwords, secret keys, or vendor accounts. In the event of an incident, the possibility of restoring the latest stable version is assessed, within the limits of the available infrastructure; message recovery, geographic redundancy, or a fixed restoration time are not guaranteed.

Party

The User and the Company, upon signing the Agreement;

Services

The Company’s provision of a customized Website, either in the form of a Monthly Subscription or an Annual Subscription, or in the form of a Full Purchase;

Terms and Conditions

This hereby document which describes the legal framework accepted by any person entering a contractual relationship with the Company;

User

The natural or legal person who is interested in the Services offered by the Company and who wishes to contact the Company by filling out the contact form on the Think Admarketing website. The term “User” shall also refer to natural or legal persons who enter a contractual relationship with the Company;

Website

the collection of digital files, content, design elements, and functionalities agreed upon in Annex 1 of the Agreement, configured by the Company for the User. In its standard configuration, the Website comprises static pages, related resources, and, where applicable, the serverless function code for the form and exportable configurations. It does not include a database, an administration panel, or the Company’s own message storage. Third-party hosting, email, and anti-spam services are separate technical dependencies; their inclusion in the Website’s operation does not imply the transfer of shared accounts, secret keys, or the Company’s internal infrastructure. The scope of rights and obligations is as set forth in Section 11 and in the Agreement.

3. Services offered by the Company

3.1 Think Admarketing provides the User with the following types of WaaS (Website as a Service) services: Monthly or Annual Subscription for the Website and Full Purchase of the Website.

3.2 For any type of Service purchased by the User, the Company undertakes to ensure the publication of the Website within 15 business days from the date on which the User provided all the information and materials necessary for the Company to provide the Service, a date thus confirmed in writing by the Company to the User. After the preview is communicated, the User may submit together, within 5 business days, one round of up to 5 targeted corrections within the agreed specifications. Redesign, new pages and new features require a separate agreement and no unapproved costs. Faults attributable to the Company are remedied separately and do not use this round or the 30-minute monthly allowance for minor changes. These commercial limits do not restrict conformity rights, withdrawal or other statutory remedies; failure to comment within those 5 days is not a waiver of such rights.

4. Monthly Subscription

4.1 With the Monthly Subscription, the User receives one free month of Service use. The free month begins on the date of the Website’s publication, as approved by the User in writing, and ends on the same calendar date of the following month (or on the last day of the month, if that date does not exist). The Company will notify the User of the exact date and send a reminder at least 5 days before expiration.

4.2 The User may request free cancellation by emailing [email protected] at any time before the free trial period expires. The Company will not charge any fee for canceling the Monthly Subscription.

4.3 Starting with the second contractual month, calculated from the date of the Website’s publication, the Company will issue the first invoice for the Monthly Subscription on the first business day following the end of the free month. Thereafter, the Company will issue an invoice on the same date of each month for the amount of LEI 200, excluding VAT. Where the offer accepted by the User is expressed in another currency, the monthly amount is EUR 40 or USD 45, according to the currency stated in the offer. The User shall pay the invoice within 5 business days of its issuance (“Due Date”). The 5 full business days are counted from the first business day after issue, excluding the issue date, weekends and applicable Romanian public holidays, in Europe/Bucharest time.

4.4 The Company expressly reserves the right to increase the price of the Monthly Subscription set forth in art. 4.3 above. The provisions of art. 23 apply.

4.5 If the User fails to pay the invoice by the due date, the Company will issue a first payment notice on the first business day following the Due Date, granting the User an additional period of 5 business days to pay the invoice (“Payment Notice 1”). If the User still fails to pay the invoice after this period, the Company will issue a new payment notice (“Payment Notice 2”) reminding the User to pay the invoice.

4.6 If, after a total of 30 calendar days have elapsed from the Due Date, the User has not paid the invoice, the Company shall have the right to terminate the Agreement. Suspension for non-payment. If, after a total of 30 calendar days have elapsed from the Due Date, the User has not paid the invoice despite having received Payment Notice 1 and Payment Notice 2, the Company may suspend public access to the Website after informing the User of the suspension in writing. Suspension is not automatic: the Company decides on and applies it manually, only after checking the payments received. During the suspension, the Agreement and the User’s payment obligations remain in force, the Website content is retained and not deleted, and the User’s right to the free export of content is unaffected. The Company resumes the Service and restores the Website within no more than 1 business day from the date on which all amounts due to the Company have been received in full. Suspension does not affect the Company’s right to terminate the Agreement under this article and does not limit the consumer’s statutory rights. R1/R2 notices and verification of the contractual termination conditions remain necessary for every plan; reaching the deadline alone does not trigger automatic termination.

4.7 If the User decides to terminate the Agreement entered into for a specific Website and subsequently requests the conclusion of a new agreement for the same Website, with the same purpose of presentation, including the same legal entity providing the services offered on the Website, the User will no longer be entitled to the free trial period provided for in art. 4.1 above.

5. Annual Subscription

5.1 The Annual Subscription is the Service offered by the Company through which the User is entitled to use the Website for a fixed period of 12 months from the date the Website is published.

5.2 With the Annual Subscription, the User receives one free month of Service access. The free month begins on the date the Website goes live, as approved by the User in writing, and ends on the same calendar date of the following month (or on the last day of the month, if that date does not exist). The Company will notify the User of the exact date and send a reminder at least 5 days before expiration.

5.3 The User may request free cancellation by emailing [email protected] at any time before the free period expires. The Company will not charge any fee for canceling the Annual Subscription Service.

5.4 In the second month of the contract, the Company will issue a single invoice for the amount of LEI 2,000, excluding VAT, on the first business day following the end of the free month. Where the offer accepted by the User is expressed in another currency, the amount is EUR 375 or USD 420, according to the currency stated in the offer. The User is required to pay the invoice by the Due Date.

5.5 If the User fails to pay the invoice by the Due Date, the Company will issue Payment Notice 1. If the User still fails to pay the invoice after this deadline, the Company will issue Payment Notice 2.

5.6 If, after a total period of 30 calendar days from the Due Date, the User has not paid the invoice, the Company shall have the right to terminate the Agreement. The provisions of art. 4.6 on suspension for non-payment apply accordingly.

5.7 Upon expiration of the 12-month period, the Annual Subscription shall terminate, unless the Parties agree to extend it. The Company shall notify the User 30 calendar days prior to the expiration of the period to give the User the opportunity to extend the Annual Subscription. If the User exercises the option to renew in writing, within the specified timeframe, the Parties will enter into an addendum to set forth the commercial terms. The Annual Subscription does not renew automatically; the User’s silence or an uncontested call summary does not constitute an express option to renew. No invoice will be issued for a new annual period in the absence of this option and the addendum.

5.8 Upon renewal of the Annual Subscription, the User will no longer be entitled to another free period.

5.9 The Company reserves the right to increase the price of the Annual Subscription for the new contract period.

5.10 If the User chooses not to renew the Annual Subscription but, after the initial 12-month period has expired, chooses to purchase a new Annual Subscription for the same Website, the User will no longer be entitled to the free trial period provided for in art. 5.2 above.

6. Full Purchase

6.1 If the User decides to make a Full Purchase of the Website, the User will enter an Agreement with the Company and pay a one-time fee of LEI 2,500, excluding VAT, on the Due Date. Where the offer accepted by the User is expressed in another currency, the amount is EUR 470 or USD 525, according to the currency stated in the offer.

6.2 If, at the time the User chooses to make a Full Purchase of the Website, there is already an Agreement in effect with the Company for a Monthly Subscription or an Annual Subscription, that Agreement for the Monthly Subscription or Annual Subscription automatically terminates on the day the User and the Company enter into the Agreement for the Full Purchase of the Website.

6.3 The User remains obligated to pay all invoices received from the Company relating to the Monthly Subscription or Annual Subscription that has just terminated. The provisions regarding price and dispute resolution survive the termination of the prior Agreement. Any obligations arising for the Parties under the previous Agreement shall remain in effect until they are fully fulfilled.

6.4 If the User fails to pay the invoice by the Due Date, the Company will issue Payment Notice 1. If the User still fails to pay the invoice after this deadline, the Company will issue Payment Notice 2.

6.5 If, after a total of 30 calendar days have elapsed from the Due Date, the User has not paid the invoice, the Company shall have the right to terminate the Agreement. The provisions of art. 4.6 on suspension for non-payment apply accordingly.

7. Basic and Optional Features

7.1 Standard Websites are sites with static pages that do not have their own database for messages. If a form is included, the data is temporarily processed by the serverless function and sent to the recipient’s address via the configured email provider. These characteristics concern the standard Website delivered to the client; they do not exclude THINK’s own administrative databases for enquiries, agreements, invoices and compliance records, as described in the Privacy Policy.

7.2 Annex 1 to the Agreement specifies the agreed-upon form, recipient, providers, and anti-spam protection. Maps and other optional integrations are activated only under the conditions of the following clause.

7.3 The Company does not, by default, place tracking elements, advertisements, or marketing cookies on the Websites without the User’s consent. Upon the User’s express request—made in writing or verbally and confirmed in writing by the Company—the Company may integrate additional features such as Analytics, Pixel, YouTube embed, maps, and chatbots.

7.4 Annex 1 to the Agreement will specify the approved integration, costs, and technical dependencies. Where visitor consent is required, the tools will not load until such consent is obtained. For any AI chatbot, prior to activation, the User agrees to verify the legal and technical compliance of the chatbot provider, as well as to ensure the existence of legal documentation informing visitors when interacting with the chatbot. The Company shall, in no event, be liable for obtaining and providing appropriate guarantees upon the implementation of a chatbot.

7.5 By accepting these Terms and Conditions, the User expressly acknowledges that they are solely responsible for providing the documentation required by applicable law to ensure full disclosure and transparency regarding consumer protection and the protection of personal data. The legal content in the DEMOs is for demonstration purposes only and is not automatically transferred to the User’s Website.

7.6 The services offered by the Company do not include items such as: domain names, premium licenses, third-party services/plugins/APIs that must be purchased separately, premium email services, payment processors and their fees, custom features, or important additional pages; online store, additional branding/design, SEO/marketing, copywriting, photography/video, and special migration. Any of these additional services may be provided by the Company following the negotiation of an additional fee with the User and the formalization of the agreement in an addendum.

7.7 The Company will not invoice any costs in addition to the base cost associated with the selected Service without the User’s express consent.

8. Agreement Conclusion Process

8.1 The User completes the contact form integrated into the Think Admarketing website, and the information entered is transmitted to the Company.

8.2 Upon signing the Agreement by both Parties, the User will agree with the Company on all technical and design details of the Website. The date of signing the Agreement shall also be considered the date on which the performance of the Agreement begins. For consumers, this rule is not an express request to start performance during the withdrawal period; early performance requires a separate request and preserves the rights in Sections 10 and 11.

9. Duration of the Agreement

9.1 The Monthly Subscription Agreement is entered into for an indefinite period, beginning on the date the Agreement is signed. This contract shall be considered a contract of successive performance, which is carried out through the Company’s provision of the digital service to the User, as described in Section 2 above.

9.2 The Annual Subscription Agreement is entered into for a period of 12 months, with the possibility of renewal, in accordance with art. 5.7 above.

9.3 In the case of an Agreement concluded for a Full Purchase, it shall be considered a contract with immediate performance under Romanian law, and the duration of performance shall be established by the Parties, by mutual agreement, through the Agreement, but may not be shorter than the duration provided for in art. 3.2.

10. User Rights and Obligations – Monthly Subscription and Annual Subscription

By entering into a Monthly Subscription or Annual Subscription Agreement, the following provisions apply:

10.1 The consumer has the right to withdraw from a distance or off-premises Agreement, without giving a reason or incurring a penalty, within 14 calendar days from its conclusion, under Romanian Government Emergency Ordinance No. 34/2014. For the services and digital content not supplied on a tangible medium in THINK’s standard offer, the period starts when the Agreement is concluded, rather than on Website publication, invoicing or payment. Any mandatory longer or extended period applies, including where required information has not been provided. The decision must be sent before the period expires to [email protected], using the model form or any unequivocal statement; the model form is optional. Withdrawal does not require the Company’s approval or a bilateral termination agreement. The Company acknowledges receipt on a durable medium; statements submitted through an electronic withdrawal form are acknowledged without delay. Payments received are reimbursed without undue delay and within 14 calendar days after the Company is informed of withdrawal, using the original payment method unless the User expressly agrees to another method without charges. Performance during the withdrawal period requires a prior, express and separate consumer request; signing, personalising or publishing the Website does not automatically waive withdrawal. Following such a request, a withdrawing consumer may owe only a proportionate amount for services actually supplied, solely where Article 14 of Ordinance No. 34/2014 permits it and based on the price agreed and disclosed before contracting. Such costs are not charged where the statutory information and express-request conditions have not been met. No creation, activation or setup fee is invented for the standard subscription’s first free month. For its standard offer, THINK does not invoke loss of withdrawal before the 14 days expire merely because supply has started or the Agreement has been signed, and does not request a general waiver. Any exception applicable to a separate service must be identified and communicated separately and satisfy all statutory conditions, without restricting the rights offered for the standard service. The statutory conformity guarantee and other mandatory remedies remain unaffected. Statutory withdrawal is separate from the first free month, free cancellation before that month expires, and later subscription termination. The publication anniversary, adjusted to the last day of the month where necessary, is the first paid day; the free period ends before that day. Statutory withdrawal can also be exercised before publication within the statutory period; the first free month neither replaces nor shortens it.

10.2 All Users have the following rights arising from the Monthly Subscription or Annual Subscription:

  • i) To benefit from the legal warranty of conformity for digital content and digital services;

  • ii) The right to the Maintenance Service, as described in Section 2 above. Any features requested by the User that are not included in the Maintenance Service may be implemented by the Company only following negotiation and approval of an additional fee, as to be established by an addendum to the Agreement;

  • iii) During the term of the Monthly Subscription or Annual Subscription Agreement, the User is granted a license to the Website’s intellectual property rights, which allows the User to use the Website and all its components, as described in the “Definitions” section above. The right of use is temporary and does not imply the transfer of ownership of the Website, the source code, or any other elements for which such a transfer is not expressly provided;

  • iv) The User has the right to use the Website for the purpose and activity for which it was leased, in compliance with the functionalities, technical limitations, and conditions set forth in the Definitions section;

  • v) Upon termination of the Agreement, for any reason, the User’s right to use the Website shall cease, unless the Parties agree in writing to the continued use or the User’s Full Purchase of the Website. At the User’s request, the Company provides, free of charge, content supplied or created by the User and the User’s own materials available for export, independently of Full Purchase or payment of arrears, which remain due. Export is provided in a commonly used, usable and, where required by law, machine-readable format within applicable statutory deadlines; for consumers in the circumstances governed by Article 15(5)-(6) of Romanian Ordinance No. 141/2021, the reasonable period may not exceed 15 calendar days from the request. Personal-data requests are handled separately under the GDPR and are not equated with export of non-personal content. For commercial requests without a special statutory deadline, the Company communicates a reasonable handover deadline in writing; no universal 10-business-day promise is made. Free export does not automatically include the entire source code, generator, templates, reusable core, internal accounts or Company secrets; Full Purchase and its licences remain governed by Section 11. Deletion under the technical archiving policy does not prevent completion of requests received before deletion or restrict statutory rights or DPA obligations. Termination notices inform the client about archiving and recovery of their own content.

10.3 By accepting the Terms and Conditions, all Users:

  • i) Have the obligation to pay the invoices issued by the Company under the terms set forth in Section 4 for the Monthly Subscription and in Section 5 for the Annual Subscription;

  • ii) Are required to use the Website exclusively for lawful purposes and not to perform or permit any actions that may affect the operation, security, or integrity of the Website, the Company’s servers, or infrastructure;

  • iii) Are responsible for the content they upload or publish on the Website and for complying with the laws applicable to the activities conducted through the Website, including, as applicable, laws regarding the protection of personal data, e-commerce, advertising, consumer rights, and intellectual property;

  • iv) Are responsible for ensuring that no information, data, or files contain viruses or other programs or mechanisms that could damage or disrupt any system or data before being transmitted to the Website;

  • v) Users are not permitted to copy, sublicense, sell, transfer, distribute, modify, or make available to third parties the source code, technical structure, or other components of the Website, unless the Company provides its prior written consent;

  • vi) Users do not acquire, through the Monthly Subscription or Annual Subscription, any ownership rights to the Website or its components, and any rights not expressly granted by the Agreement or these Terms and Conditions remain with their respective owners.

11. User Rights and Obligations – Full Purchase

11.1 Upon entering into a Full Purchase Agreement, the following provisions apply:

  • i) The consumer has the right to withdraw from a distance or off-premises Agreement, without giving a reason or incurring a penalty, within 14 calendar days from its conclusion, under Romanian Government Emergency Ordinance No. 34/2014. For the services and digital content not supplied on a tangible medium in THINK’s standard offer, the period starts when the Agreement is concluded, rather than on Website publication, invoicing or payment. Any mandatory longer or extended period applies, including where required information has not been provided. The decision must be sent before the period expires to [email protected], using the model form or any unequivocal statement; the model form is optional. Withdrawal does not require the Company’s approval or a bilateral termination agreement. The Company acknowledges receipt on a durable medium; statements submitted through an electronic withdrawal form are acknowledged without delay. Payments received are reimbursed without undue delay and within 14 calendar days after the Company is informed of withdrawal, using the original payment method unless the User expressly agrees to another method without charges. Performance during the withdrawal period requires a prior, express and separate consumer request; signing, personalising or publishing the Website does not automatically waive withdrawal. Following such a request, a withdrawing consumer may owe only a proportionate amount for services actually supplied, solely where Article 14 of Ordinance No. 34/2014 permits it and based on the price agreed and disclosed before contracting. Such costs are not charged where the statutory information and express-request conditions have not been met. No creation, activation or setup fee is invented for the standard subscription’s first free month. For its standard offer, THINK does not invoke loss of withdrawal before the 14 days expire merely because supply has started or the Agreement has been signed, and does not request a general waiver. Any exception applicable to a separate service must be identified and communicated separately and satisfy all statutory conditions, without restricting the rights offered for the standard service. The statutory conformity guarantee and other mandatory remedies remain unaffected.

11.2 All Users have the following rights arising from the Full Purchase of the Website:

  • i) to benefit from the legal warranty of conformity for digital content and digital services;

  • ii) The User shall be provided with the files and exportable elements of the Website as agreed upon in Annex 1: the source code specific to this delivery, the static pages and resources, the design and original materials created specifically for this Website, the materials provided by the User, and the exportable configurations necessary for building and publishing the Website. The form/serverless code is delivered if included in the delivery, along with instructions regarding dependencies and environment variables. Materials and accounts purchased directly by the User remain the User’s property; third-party accounts and licenses are transferred only if the provider’s terms permit. The delivery inventory clearly identifies the transferred, licensed, and excluded items, in accordance with the Agreement.

  • iii) The Company’s internal development infrastructure, website generator, administrative systems, shared accounts, API keys, and trade secrets, as well as its internal tools, know-how, templates, and reusable core components, are not transferred. However, for the Company’s pre-existing components incorporated into the delivered files and necessary for the Website’s operation, the Company grants the User a non-exclusive license, included in the price, for the statutory term of protection, to use, reproduce, modify, and maintain the Website, including through service providers selected by the User. The license does not confer exclusivity over the core and does not permit the separate commercialization of the generator or the templates as standalone products. Third-party components remain subject to their own licenses. Non-transferable dependencies and replacement solutions necessary for independent operation are identified in Annex 1 prior to delivery.

  • iv) The User shall acquire the economic rights to the Website, including the original elements created specifically for it, to the extent that they are protected by applicable copyright law;

  • v) The User shall have the exclusive right to use, reproduce, distribute, publicly communicate, make available to the public, adapt, modify, transform, develop, and integrate the assigned original elements of the Website into other products or services, as well as the right to permit third parties to exercise these rights, under the conditions set forth below. The Company’s pre-existing components and third-party components shall be used in accordance with their respective licenses, without any exclusivity over them;

  • vi) The assignment is effective for the entire duration of the legal protection of economic copyright and for all forms of exploitation known at the time of the Agreement’s execution, to the extent permitted by applicable law;

  • vii) The Company warrants that, to the extent the assigned rights belong to it, it holds the necessary rights to conclude this assignment and that, as of the date of transfer, such rights are not encumbered by any third-party rights that would prevent the exercise of the rights assigned to the User.

  • viii) In the case of elements provided by third parties, including open-source software, plugins, themes, libraries, images, fonts, graphic materials, applications, or other components subject to separate licenses, these are not subject to the assignment except to the extent that the terms of the applicable licenses permit it. The User shall acquire only the rights of use permitted by such licenses.

  • ix) Moral rights are not subject to this assignment and remain with their respective owners, in accordance with the law.

11.3 By accepting the Terms and Conditions, all Users:

  • i) Are obligated to use the Website exclusively for lawful purposes and not to perform or permit any actions that may affect the operation, security, or integrity of the Website, the Company’s servers, or infrastructure;

  • ii) Are responsible for the content they enter or publish on the Website and for complying with the laws applicable to the activities conducted through the Website, including, as applicable, laws regarding the protection of personal data, e-commerce, advertising, consumer rights, and intellectual property;

  • iii) Are obligated to pay the invoices issued by the Company under the terms set forth in Section 6 above;

12. Domain

12.1 The services offered by the Company do not include obtaining and providing a domain to the User. Thus, the User is solely responsible for obtaining and maintaining the domain, for ensuring its compliance with applicable law, and for its proper use.

12.2 The User shall make the acquired domain available to the Company to the extent necessary for the creation of the Website.

13. Hosting

13.1 The website will be hosted on the Cloudflare Pages platform (“Cloudflare”), provided by Cloudflare, Inc., in accordance with its own terms and conditions of use. The Company guarantees that it uses the Cloudflare platform in a manner that is technically and legally appropriate.

13.2 The Company expressly reserves the right to change the hosting service provider, in accordance with art. 23.

13.3 By accepting these Terms and Conditions, the User expressly agrees that the Company uses the Cloudflare platform to host the Website and also accepts the terms and conditions imposed by the Cloudflare platform, as they may be amended from time to time.

13.4 The Company has no control over the terms of use imposed by the Cloudflare platform for hosting and shall in no event be liable for any damages suffered by the User due to the manner in which the Cloudflare platform provides the hosting service. The Company is not liable for any temporary interruption, termination, improper provision of hosting, or any other technical or other non-conformities arising from the manner in which the Cloudflare platform provides the hosting service to the User and that are not related to the Company’s use of the Cloudflare platform.

13.5 The Company hereby states that, in the event the Website is affected by any irregularity caused by the manner in which the Cloudflare platform provides hosting, the Company will use all reasonable efforts to secure hosting for the Website through another platform appropriate for the type of Services offered, and will notify the User accordingly. The User accepts and understands that any change in hosting may lead to temporary interruptions in the Website’s operation and agrees not to hold the Company liable for any damages suffered in such situations.

13.6 The User is the data controller for visitor data on its own Website. The Company does not process this data on its own behalf for any purpose. The roles for the actual technical processing are established in accordance with the configuration set forth in Annex 1 to the Agreement.

14. Liability

14.1 The User is liable for any damages caused to the Company through a breach of any obligations set forth in the sections 10 or 11 above, as well as through any improper use of the Think Admarketing website.

14.2 The Company does not guarantee that this Think Admarketing website complies with the laws of any country other than Romania.

14.3 All Users remain responsible for ensuring that the Website provided by the Company contains all the legal elements necessary for compliance with the laws of the country that become applicable as a result of using the Website.

14.4 By signing the Agreement, the User confirms that they understand and agree that the Company’s liability shall in no event exceed the threshold provided by the Agreement.

15. Intellectual Property and Acceptable Use of the Think Admarketing Website

15.1 All intellectual property rights in the Think Admarketing website, including its design, text, images, logos, graphics, code, and functionality, belong to the Company or the rights holders, as applicable. Use of the website does not confer any ownership rights to these elements upon the User.

15.2 The User agrees to use the website exclusively for lawful purposes and not to copy, modify, distribute, reproduce, or exploit its content or features for commercial purposes without the Company’s prior consent. It is prohibited to use the Think Admarketing website in a manner that affects the operation, security, or rights of the Company, other users, or third parties.

16. Protection of Personal Data

The Company collects and processes personal data from Users for the purpose of providing the Services. The Company processes personal data in accordance with the Privacy Policy. By signing the Agreement, the User accepts the terms and conditions for data processing set forth in the Privacy Policy.

17. Confidentiality

17.1 The information, documents, data, and materials made available to the Company by the User for the purpose of providing the Services will be treated as confidential information and will not be disclosed or made available to third parties without the User’s consent, except as required by law.

18. Notifications

18.1 Any communication between the Parties regarding the Services provided by the Company to the User shall be made in writing, via email, or via WhatsApp, using the following contact information for the Company: by phone at 0767 390 470 (Monday–Friday, 9:00 a.m.–5:00 p.m., Romanian time) and via email at[email protected] .

18.2 If the communication took place verbally, over the phone, the Company will provide the User with a written summary of the agreed-upon terms, which the User may contest or amend in writing. Any written summary of a conversation that has not been contested by the User within 5 business days shall be deemed accurate and shall have legal effect.

18.3 No verbal communication shall be effective unless confirmed by a written summary.

19. Force Majeure

19.1 Neither Party shall be liable for any failure to perform, or any partial or total non-performance, of any obligation set forth in the Agreement or in these Terms and Conditions, if such failure or improper performance was caused by an event of force majeure, as defined in Article 1351(2) of the Civil Code, including war, insurrections, terrorist activities, civil unrest, riots, calamities, or natural disasters.

19.2 The party invoking force majeure is obligated to notify the other party, within 5 (five) calendar days of the occurrence of the event and to take all possible measures to limit its consequences.

20. Severability

If any provision of the Agreement or these Terms and Conditions is deemed invalid or unenforceable (in whole or in part), then such provision or part thereof shall be deemed not to be included in the Agreement or the Terms and Conditions, without affecting the validity of the remaining provisions.

21. Complaints

If the User identifies any non-compliance in the Services provided by the Company, they may file a complaint using the following contact information:

  • THINK ADMARKETING S.R.L., with its registered office at 72 Matei Basarab St., Room 1, Bl. L112, Staircase 1, 2nd Floor, Apt. 10, Sector 3, Bucharest, Romania, or

  • by phone at 0767 390 470 (Monday–Friday, 9:00 a.m.–5:00 p.m., Romanian time) and

  • via email at: [email protected]

If the User is not satisfied with how the Company handled their complaint, they may contact the National Authority for Consumer Protection. Information on alternative dispute resolution is available at https://anpc.ro/sal; the SAL electronic platform is https://reclamatiisal.anpc.ro. The European SOL/ODR platform is no longer available.

22. Dispute Resolution and Governing Law

The relationship between the User and the Company, as set forth in the Agreement and the Terms and Conditions, shall be governed by Romanian law.

The User and the Company will endeavor to resolve any dispute arising from the provision of the Services amicably, including through mediation. If an amicable resolution of the dispute is not possible, jurisdiction for resolution lies with the courts within Romania, as determined in accordance with the general rules of law regarding jurisdiction.

23. Changes to the Terms and Conditions

23.1 These Terms and Conditions may be amended from time to time. The Company will notify the User of any such amendments at least 30 calendar days before the new version takes effect. The User agrees that the new version of these Terms and Conditions becomes an integral part of the Agreement as of the date it takes effect. If the User does not accept the amendment to these Terms and Conditions, the User may unilaterally terminate the Agreement before the new version takes effect, with the termination taking effect at the end of the billing period.

23.2 The User’s exercise of the right to terminate shall not affect services already rendered or obligations that have already become due.