Terms and Conditions

01Acceptance of the terms and purpose of this document

This document is a distance contract within the meaning of Law no. 365/2002 on electronic commerce and, together with the accepted offer, the framework services agreement and its annexes, forms the entire agreement between BIGCONVERT SRL and the client.

These Terms and Conditions apply to:

• all visitors and users of bigconvert.com and its subdomains, including the booking platform partners.bigconvert.com;
• anyone who asks us for an offer, an audit or advice, through any channel (form, email, phone, social media, WhatsApp);
• all clients who contract our services, unless the individual contract provides otherwise.

02Definitions

In this document, the terms below have the following meaning:

• BigConvert / the Provider / we – BIGCONVERT SRL, the company identified in section 3.
• Client / you – the individual or legal entity that contracts our services or sends us a business enquiry.
• Consumer – an individual acting for purposes outside their trade, business, craft or profession, within the meaning of GO no. 21/1992 and GEO no. 34/2014.
• Professional – any person running a business, within the meaning of Art. 3 of the Civil Code. Most of our services are aimed at professionals (B2B relationship).
• User – anyone who accesses the website, whether or not they become a client.
• Services – the digital marketing services described in section 5 and detailed in the offer or the contract.
• Offer – the commercial proposal sent by BigConvert, setting out the scope, deliverables, fees and duration.
• Contract – the agreement between the parties, made up of the offer, the signed framework agreement, its annexes and these Terms and Conditions.
• Deliverables – the materials, campaigns, reports, files, account structures and documents produced by BigConvert for the client.
• Media budget – the amount the client allocates to pay advertising platforms directly (Google, Meta, TikTok, Pinterest, Microsoft Advertising etc.), separate from BigConvert's fee.
• Third-party platforms – third-party services used to deliver the Services: ad networks, analytics platforms, CRMs, automation tools, hosting services.
• Business day – any day from Monday to Friday, excluding public holidays in Romania.
• Confidential information – the information defined in section 15.

03Who we are

The bigconvert.com website is run by the company below, which is also the provider of the services described in this document. This information is published to meet the disclosure obligation under Art. 5 of Law no. 365/2002.

Our business is not subject to prior authorisation and is not bound by a mandatory code of conduct. We communicate with clients and conclude contracts in Romanian, and in English on request.

04Applicable legal framework

The relationship between BigConvert and its clients, as well as the use of the website, is governed by Romanian law and European Union law, in particular the following:

• Law no. 287/2009 on the Civil Code, republished – the general rules on contracts, obligations and contractual liability.
• Law no. 365/2002 on electronic commerce, republished – the disclosure obligations of information society service providers and the conclusion of contracts by electronic means.
• GEO no. 34/2014 on consumer rights in contracts concluded with professionals – applicable only to relationships with consumers (individuals).
• GO no. 21/1992 on consumer protection, republished, and Law no. 296/2004 on the Consumer Code, republished.
• Law no. 363/2007 on combating unfair commercial practices towards consumers.
• Law no. 72/2013 on measures to combat late payment in contracts between professionals.
• Law no. 8/1996 on copyright and related rights, republished – the rules governing materials created as part of the Services.
• Law no. 84/1998 on trademarks and geographical indications, republished.
• Law no. 11/1991 on combating unfair competition, republished, and Law no. 148/2000 on advertising, to the extent it still applies.
• Regulation (EU) 2016/679 (GDPR), Law no. 190/2018 and Law no. 506/2004 – processing of personal data and commercial communications.
• Regulation (EU) 2022/2065 (DSA) and Regulation (EU) 2022/1925 (DMA) – online advertising transparency and the obligations of digital platforms, to the extent they affect the campaigns we manage.
• Regulation (EU) 2019/1150 (P2B) – relationships between online platforms and business users, relevant to our feed management and marketplace services.
• GO no. 38/2015 on alternative dispute resolution between consumers and traders (ADR).
• Accounting Law no. 82/1991, republished, Law no. 227/2015 (Tax Code) and Law no. 207/2015 (Tax Procedure Code) – invoicing, VAT and record-keeping.

05The services we provide

BIGCONVERT SRL is a digital and performance marketing agency. The services actually contracted, the deliverables, the KPIs tracked, the reporting frequency and the fees are set individually, through the offer and the contract. The descriptions on the website are general and for information only; they do not constitute a firm offer within the meaning of Art. 1188 of the Civil Code.

The full list and detailed descriptions are available in the Services section.

5.1. What the Services do not include

Unless the offer expressly states otherwise, the Services do not include:

• the media budget paid to advertising platforms (see section 10);
• the cost of third-party tool licences, software subscriptions, fonts, music or stock media;
• development, maintenance or hosting of the client's website, unless contracted separately;
• legal, tax or accounting advice;
• a guarantee of any specific business result (see section 13).

5.2. Changes to the scope of services

Any extension, reduction or change to the Services is agreed in writing, through an addendum or by express acceptance, by email, of a revised offer. Requests beyond the agreed scope may be charged extra, after the client has been informed in advance and has agreed.

06Use of the website

The bigconvert.com website is made available to you free of charge, for information and to get in touch with us. We grant you a limited, non-exclusive, revocable and non-transferable right to access and browse it for personal or internal business purposes.

6.1. Prohibited uses

Without our prior written consent, you may not:

• copy, reproduce, republish or distribute the website's content, in whole or in part, for commercial purposes;
• use bots, scrapers, crawlers or other automated means to systematically extract content, except for search engines that respect the robots.txt file;
• use our content to train artificial intelligence models without written consent;
• take any action likely to affect the availability, integrity or security of the website (DoS attacks, code injection, unauthorised penetration testing, bypassing security measures);
• send through the website's forms any content that is illegal, defamatory, obscene, infringes third-party rights or contains malicious software;
• use a false identity or impersonate another person;
• collect the contact details of other users or of our employees for unsolicited prospecting.

6.2. Website availability

We make reasonable efforts to keep the website available and up to date, but we do not guarantee uninterrupted or error-free operation. We may temporarily suspend access for maintenance, updates or security reasons, without prior notice and without owing compensation.

6.3. Links to third-party websites

The website may contain links to websites run by third parties. We do not control and are not responsible for their content, availability or practices. You access them at your own risk and subject to each website's own terms.

07Offer, order and conclusion of the contract

7.1. Contracting channels

You can request an offer and contract our services through:

• the forms published on bigconvert.com;
• the booking platform partners.bigconvert.com;
• email: [email protected];
• phone: +40 767 461 111 or +40 768 644 902;
• other channels expressly agreed between the parties (e.g. WhatsApp), provided they are later confirmed by email.

7.2. Contracting steps

1. Request – you send us your company details, goals and business context.
2. Initial review – we review the current situation (ad accounts, website, feed, history) and, where relevant, hold a discovery call.
3. Offer – you receive a written proposal with the scope of services, deliverables, assigned team, duration, fees and payment terms. The offer is valid for the period stated in it.
4. Acceptance – you confirm the offer by signing the contract (including by electronic signature) or by an email of unconditional acceptance.
5. Onboarding – you give us the required access, provide the materials and information we need, and we agree the work schedule.

7.3. Electronic signature and written form

The parties agree that documents signed with an advanced or qualified electronic signature, under Regulation (EU) no. 910/2014 (eIDAS) and the national implementing legislation, have the same legal force as handwritten signed documents. Email correspondence between the parties' authorised representatives also satisfies the written-form requirement for operational communications and for accepting offers.

7.4. Display errors

We reserve the right to correct obvious typing, calculation or display errors in the offer or on the website. If an error affects an essential element of the offer, we will inform you immediately and send you a corrected offer, which you are free to accept or decline.

08Contract term, renewal and termination

8.1. Term

• Recurring services (campaign management, SEO, feed management, retainer): the initial term is the one stated in the offer and runs from the actual start of the collaboration, renewing automatically for an indefinite term unless agreed otherwise. A minimum initial period is standard for this kind of work, because campaigns need time to gather data and for results to stabilise.
• One-off projects (audit, video production, tracking implementation, account setup): the term is the one stated in the offer and ends when the deliverables are accepted.

8.2. Termination for convenience

Termination notice must be sent in writing only, by email to [email protected] (with our confirmation of receipt) or by registered letter to our registered office. Notices sent by phone, text message or instant messaging have no legal effect.

The notice period is the one set out in the individual contract. If the contract says nothing, the notice period is 30 calendar days, running from the date the notice is received. During the notice period both parties continue to perform their obligations as normal: we keep managing the campaigns and the client pays for the services provided.

8.3. Termination for breach

Either party may terminate the contract automatically, without a court order (termination clause – pact comisoriu, Art. 1553 of the Civil Code), by written notice, if the other party:

• fails to perform an essential obligation and does not remedy it within 15 days of being given formal notice;
• is more than 30 days late on a payment past its due date;
• enters insolvency, dissolution or liquidation proceedings;
• breaches its confidentiality, intellectual property or data protection obligations;
• requests actions that go against the law, advertising platform policies or professional ethics, and BigConvert refuses to carry them out, giving reasons.

8.4. Suspension of services

We may suspend the Services, after 5 business days' prior notice, if an invoice is more than 15 days overdue, if we do not receive the required access or materials, or if continuing the work would breach the law or platform policies. Suspension does not release the client from paying the amounts owed up to that point.

8.5. Effects of termination

• we remove our access to the client's accounts and, on request, hand over the account structures, the audience lists created for the client and the final reports, in standard formats;
• the client pays in full for the services provided up to the termination date, including during the notice period;
• usage rights in the deliverables are transferred only if they have been paid in full (see section 14);
• the obligations on confidentiality, intellectual property, liability and dispute resolution survive termination.

09Pricing, invoicing and payment

Fees are set individually in the offer, based on the scope of services, the complexity of the account and the media budget managed. The pricing models we use are:

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The table describes the models we typically use. The applicable model, fee amount, invoicing frequency and payment terms are those set out in the accepted offer and the individual contract, which take precedence over this section.

9.1. VAT

Prices quoted to business clients are stated excluding VAT, unless expressly stated otherwise. VAT is added at the statutory rate in force on the date the tax becomes chargeable. Prices given to consumers are always stated as the final price, including VAT, in line with the disclosure obligations under GEO no. 34/2014 and GO no. 21/1992.

For clients that are taxable persons established in another EU Member State and provide a valid VAT number that can be verified in VIES, the place of supply is the client's country, under Art. 278(2) of the Romanian Tax Code and Art. 44 of Directive 2006/112/EC. As a result, the supply is not taxable in Romania, the invoice is marked "reverse charge" and the client is liable for the VAT, under Art. 196 of Directive 2006/112/EC. The same place-of-supply rule applies to clients that are taxable persons established outside the European Union. If the client does not provide a valid VAT number, we invoice with Romanian VAT.

9.2. Currency and exchange rate

Invoices are issued in RON or in euros, as per the offer. Whatever the invoice currency, the VAT amount is stated in RON, converted at the rate set by Art. 290(2) of the Tax Code, applicable on the date the tax becomes chargeable, in line with Art. 319(23) of the Tax Code.

For invoices issued in euros and paid in RON, the parties agree that payment is made at the exchange rate published by the National Bank of Romania (NBR) for the invoice issue date, unless the offer provides otherwise. Any exchange rate differences and bank transfer fees are borne by the client.

9.3. Electronic invoicing (RO e-Factura)

Invoices are issued electronically and sent through Romania's national RO e-Factura system, in line with current tax law, for B2B and B2C transactions and for taxable persons not established in Romania that hold a Romanian VAT number. The legal deadline for uploading to the system is 5 business days from the invoice issue date.

The original invoice is the one sent through RO e-Factura. The copy emailed to the client's billing address is for information only and helps with the client's internal records. The client must provide correct and complete billing details and notify us of any change within 5 business days.

9.4. Payment terms and late payment penalties

• The payment term is the one set out in the offer or the individual contract. If none is specified, invoices are payable within 30 calendar days of receipt, under Art. 3(3) of Law no. 72/2013. Between professionals, the parties may not agree a term longer than 60 calendar days, under Art. 5(1) of the same law.
• Late payment incurs late payment penalties at the rate set in the contract, calculated from the due date until payment in full. If the contract says nothing, the statutory late payment interest applies, equal to the NBR reference rate plus 8 percentage points.
• Under Art. 14 of Law no. 72/2013, a contractual penalty may not be set below the statutory late payment interest; such a clause would be unfair and void. Where the contract provides for a valid penalty, it replaces the statutory interest, and the two cannot be combined for the same delay.
• In addition to penalties and without the need for any notice, BigConvert is entitled, under Art. 10 of Law no. 72/2013, to the RON equivalent – at the exchange rate on the payment date – of EUR 40, as minimum additional compensation for debt recovery costs, plus reimbursement of any actual recovery costs above that amount.
• Payment is deemed made on the date BigConvert's bank account is credited.
• Partial payments are allocated first to recovery costs, then to penalties and finally to the principal, starting with the oldest debt, under Art. 1507 and Art. 1509 of the Civil Code.

9.5. Fee changes

We may update our fees with at least 30 days' prior notice, under the conditions and at the intervals set out in the individual contract. If you do not agree with the new fees, you may terminate the contract within that period at no extra cost, including during the minimum initial period, with the previous fees applying until the termination date.

9.6. Invoice disputes

Any objection to an invoice must be sent in writing within 10 calendar days of receiving it, stating the reasons. If the invoice is not disputed within this period, it is deemed accepted by the business client. Disputing part of an invoice does not suspend the obligation to pay the undisputed part.

This deadline does not apply to consumers, who may exercise their rights within the time limits set by consumer protection law.

10Advertising budgets and third-party platform accounts

10.1. Ownership of ad accounts

We recommend that all advertising, analytics, merchant and email marketing accounts (Google Ads, Google Analytics, Google Merchant Center, Meta Business Manager, TikTok Ads Manager, Pinterest Business, Microsoft Advertising, the email marketing platform) be owned by the client, who grants us administrator access. That way, when the collaboration ends, the history, data and learning assets stay with the client.

If, at the client's express request, we use accounts owned by BigConvert, they are transferred at the end of the contract only to the extent the platform's policies allow and after all amounts owed have been paid in full.

10.2. Budget management

• The monthly budget and its split across channels are agreed jointly and can be changed by the client at any time, in writing.
• We do not exceed the agreed budget without the client's prior approval. Platforms may, however, show daily fluctuations (usually up to 20% above the daily budget, balanced out over the month) under their own delivery rules, which we do not control.
• The client must keep a valid payment method and sufficient funds. We are not responsible for campaigns being paused due to a declined payment.
• If, exceptionally and under a written agreement, BigConvert advances the media budget, it is re-invoiced to the client in full, by the payment date set in that agreement, and any delay leads to the immediate suspension of campaigns.

10.3. Third-party platform policies

Delivery of the Services depends on platforms we do not control. The client understands and accepts that:

• each platform sets its own advertising policies, eligibility rules, bidding algorithms and prices, and may change them at any time without notice;
• a platform may reject an ad, restrict an account or suspend a campaign, including for automated or non-transparent reasons;
• outages, reporting errors, API changes, algorithm updates or measurement limits imposed by the platforms do not constitute non-performance by BigConvert;
• data reported by different platforms may not match, due to attribution models, conversion windows and cookie and consent restrictions.

If an account is suspended or restricted, we make reasonable efforts to fix it and to liaise with the platform, but we cannot guarantee a particular outcome.

11BigConvert's obligations

We undertake to:

• provide the Services with professional diligence, in line with standard digital marketing industry practice and the accepted offer;
• assign a competent team and a dedicated point of contact for day-to-day communication;
• meet the agreed deadlines for deliverables and flag any risk of delay early, with the reasons;
• report results regularly, in the format and at the frequency set in the offer (usually monthly);
• manage media budgets solely in the client's interest and within the approved limits;
• comply with advertising platform policies and the law applicable to online advertising;
• keep the information we receive confidential, as set out in section 15;
• process personal data in line with the GDPR and the data processing agreement signed with the client;
• inform the client without delay of any actual or potential conflict of interest;
• hand over, when the contract ends, the assets and access that belong to the client.

By their nature, our obligations are obligations of means (best efforts), not of result, except for deliverables expressly defined in the offer (for example handing over an audit or a video), which are obligations of result.

12Client's obligations

The quality of the results depends directly on how well the parties work together. The client undertakes to:

Failure to meet these obligations may lead to deadlines being pushed back, objectives not being reached or, in serious cases, termination of the contract under section 8.3, without BigConvert owing any compensation.

13Results, performance indicators and limits

The performance of digital marketing campaigns depends on many factors outside our control, including:

• the quality, price and availability of the client's products or services;
• the browsing and buying experience on the client's website;
• the level of competition and bid levels in the market;
• seasonality, the economic climate and external events;
• changes to the platforms' algorithms, policies and prices;
• measurement limits caused by cookie refusals, browser privacy settings and consent regulations;
• brand reputation and communication activities carried out outside our collaboration.

13.1. KPIs agreed in the offer

Where the offer includes target KPIs, they are working objectives, estimated from the available historical data, not guaranteed obligations of result, unless expressly designated as such in a separate clause.

13.2. Source of truth for reporting

Unless the parties agree otherwise in writing, the data reported by the advertising platforms and the agreed analytics tool is the reference source for assessing performance and calculating any performance component of the fee.

13.3. Learning period

The client understands that bidding algorithms need a learning period and that a strategy can only be assessed fairly over at least 60–90 days. Frequent changes requested by the client during this period may hurt results, and we cannot be held responsible for that.

14Intellectual property and usage licences

14.1. BigConvert's rights

The BigConvert name, logo, visual identity, the structure and content of bigconvert.com, its copy, blog articles, case studies and graphics, as well as the methodologies, templates, scripts, internal tools and know-how we have developed, are protected by Law no. 8/1996 on copyright and related rights and Law no. 84/1998 on trademarks, and remain the exclusive property of BIGCONVERT SRL.

Nothing in this document may be interpreted as a transfer of our rights in the tools, methodologies or know-how used to deliver the Services. We may freely reuse them in our work with other clients.

14.2. The client's rights

Materials provided by the client – trademark, logo, photos, copy, databases, product content – remain the client's property. For the duration of the contract, the client grants us a non-exclusive, free and limited licence to use, adapt and publish them strictly for the purpose of providing the Services.

14.3. Deliverables created for the client

Until full payment, the client has a temporary licence to use them, which may be revoked in case of non-payment. The transfer does not include third-party components (fonts, stock media, music, software), which remain governed by their own licences; their costs and limits are communicated to the client.

14.4. Portfolio rights

Unless the parties agree otherwise in writing, BigConvert may list the client's name and logo among its references and publicly present campaign materials and aggregated results in its portfolio, without disclosing confidential information such as margins, internal costs or unpublished strategies. The client may ask in writing, at any time, for this mention to be removed.

14.5. Intellectual property infringements

If you believe that content we have published infringes your intellectual property rights, you can notify us at [email protected], identifying the material concerned, proof of your rights and your contact details. We review the notice and, if it is well founded, remove or change the content without undue delay.

15Confidentiality

Confidential information means all commercial, technical, financial and strategic data exchanged between the parties in connection with the collaboration, in any form: performance reports, margins and cost structures, supplier and customer lists, launch plans, traffic and sales data, commercial terms, know-how and trade secrets within the meaning of Law no. 11/1991.

Each party undertakes to:

• keep this information confidential and not disclose it to third parties without the other party's written consent;
• use it solely for the purpose of performing the contract;
• make it available only to those employees and contractors who need it and are bound by equivalent confidentiality obligations;
• apply reasonable security measures to protect it.

The confidentiality obligation does not apply to information that: was already public or becomes public through no fault of the receiving party; was lawfully held beforehand; was obtained from a third party entitled to disclose it; or must be disclosed by law, by a court or by a competent authority – in which case the party so required informs the other party in advance, where the law allows.

The confidentiality obligation remains in force for the entire term of the contract and for 3 years after it ends, and, for trade secrets, for as long as they remain secret.

16Personal data protection

16.1. The parties' roles

For the data of our website visitors, leads and our own clients, BIGCONVERT SRL is the controller. For the data we process in our clients' ad accounts, analytics platforms or databases, we are a processor and act solely on the documented instructions of the client as controller.

16.2. Data processing agreement (DPA)

Where we act as a processor, the parties sign a data processing agreement under Art. 28 GDPR, covering the subject matter, duration, nature and purpose of the processing, the categories of data and data subjects, security measures, the rules on sub-processors, assistance with data subject requests and what happens to the data when the collaboration ends.

16.3. The client's obligations

• The client guarantees that it has a valid legal basis for the processing it entrusts to us, including for sending contact lists to advertising platforms.
• The client is responsible for implementing a valid consent mechanism for cookies and similar technologies on its own website, under Art. 4(5) of Law no. 506/2004 and Art. 6(1)(a) GDPR.
• The client is responsible for informing its own data subjects, under Art. 13 and 14 GDPR.

16.4. International transfers

Some of the tools we use are provided by companies outside the European Economic Area. Transfers take place only under the conditions of Chapter V of the GDPR, based on the EU–U.S. Data Privacy Framework adequacy decision, the Standard Contractual Clauses adopted by Decision (EU) 2021/914 or other appropriate safeguards.

17Liability of the parties and limitation of liability

17.1. Principle

Each party is liable for the damage caused to the other party by its culpable failure to perform its obligations, under general law.

17.2. Limitation of BigConvert's liability

To the maximum extent permitted by law and subject to the exceptions in point 17.4:

• BigConvert's total liability to the client, for all claims arising from a contract, on any legal basis, is limited to the cap agreed in the individual contract. If the contract says nothing, the cap is equal to the fees, excluding VAT, actually collected from the client in the 6 months before the event giving rise to the damage, excluding media budgets and any amounts advanced or recovered on the client's behalf;
• we are not liable for indirect damage: lost earnings, loss of profit, customers, business opportunity, data or reputation;
• we are not liable for ad spend made in line with the strategy and budgets approved by the client, even if the results fall short of expectations;
• we are not liable for the acts, outages, reporting errors, suspension decisions or policy changes of third-party platforms and other providers we do not control;
• we are not liable for the consequences of incorrect, incomplete or late information provided by the client, delayed approvals, or changes made to the accounts by the client or third parties;
• we are not liable for the operation of the client's website, checkout, stock or logistics.

17.3. Time limit for claims

Any claim relating to the performance of the Services must be made in writing within 30 days of the date the party became aware, or should have become aware, of the facts relied on; otherwise the right to raise it contractually is forfeited, without affecting statutory limitation periods.

17.4. Exceptions to the limitation

The limitations above do not apply in cases of fraud or gross negligence, death or personal injury, breach of confidentiality or data protection obligations, or any other situation in which the law prohibits limiting liability. They also do not restrict the rights the law grants to consumers.

17.5. Indemnification of BigConvert by the client

The client undertakes to defend and indemnify BigConvert against any claim, administrative fine, legal costs or damages arising from: the illegal nature of the products or claims promoted, infringement of third-party rights in the materials provided, the lack of a legal basis for the data sent for processing, or breach of consumer protection and advertising law.

18Force majeure and fortuitous events

Neither party is liable for failing to perform, or performing late, its obligations if this is due to a force majeure event or a fortuitous event, within the meaning of Art. 1351 of the Civil Code: natural disasters, fires, war, acts of terrorism, riots, epidemics or pandemics, acts of public authorities, general strikes, major and prolonged outages of electronic communications networks or power supply, and large-scale cyber attacks on third-party infrastructure.

The affected party notifies the other party within 5 business days of the event and makes reasonable efforts to limit its effects. Performance of obligations is suspended for the duration of the event. If it lasts more than 60 days, either party may terminate the contract without compensation, with payment for the services provided up to that date.

19Non-solicitation of staff

During the contract and for 12 months after it ends, the client undertakes not to solicit, directly or indirectly, the employment of or collaboration with BigConvert team members involved in the project, without the company's prior written consent. This does not apply to responses to public job ads addressed to the general public.

In case of breach, the client owes, as liquidated damages, an amount equal to the gross annual pay of the person concerned, without the need to prove the loss. The clause is reciprocal and applies equally to BigConvert.

20Communications and notices

Day-to-day operational communication takes place by email and through the channels agreed between the parties (regular meetings, calls, project management tools).

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Emails are deemed received on the business day following sending, unless there is a delivery error. Each party must notify the other in writing of any change to its contact details within 5 business days; failing that, communications sent to the last known details are deemed validly made.

21Provisions applicable to consumers

21.1. Right of withdrawal

Consumers have the right to withdraw from a distance contract without giving any reason and at no cost within 14 calendar days of the date the contract was concluded, under Art. 9 of GEO no. 34/2014.

Withdrawal is communicated by an unequivocal statement sent to [email protected] or by post to our registered office. The model form in the annex to GEO no. 34/2014 may be used, but it is not mandatory. Amounts paid are refunded within 14 days of the date we were informed of the withdrawal, using the same payment method you used and without charging any fees, unless you expressly agree to another method.

21.2. Exceptions to the right of withdrawal

• Services may start before the 14 days have expired only at the consumer's express request, made on a durable medium, under Art. 7(3) of GEO no. 34/2014. If the services are fully performed within this period, and the consumer confirmed in advance that they acknowledge losing the right of withdrawal once the contract is fully performed, the right of withdrawal ends when the services are fully performed (Art. 16(a) of GEO no. 34/2014).
• If the services started with the consumer's express consent and the consumer withdraws before completion, they pay proportionately for the part of the services already provided, relative to the total contract value (Art. 14(3) of GEO no. 34/2014).
• The right of withdrawal also does not apply to digital content supplied on an intangible medium, if performance began with the consumer's prior express consent and their acknowledgement that they lose the right of withdrawal.

21.3. Legal guarantee of conformity

Consumers benefit from the rights provided by the law on the legal guarantee of conformity and consumer protection. None of the clauses in this document affect these rights; any clause that would limit them is deemed unwritten in relation to consumers.

21.4. Complaints

Consumer complaints are sent to [email protected] and receive a reply within 30 days at most. The available remedies are described in section 23.

22Changes to the terms

We may update these Terms and Conditions to reflect changes to our services, our business practices or the legal framework. The applicable version is always the one published on this page.

• For website users, changes take effect on the date of publication. Continuing to use the website after publication means you accept the new version.
• For clients with an ongoing contract, material changes to the contractual terms are notified at least 30 days before they take effect. If you do not agree, you may terminate the contract within that period, with the previous terms applying until the termination date.
• For consumers, changes cannot restrict the rights granted by law and do not apply retroactively to contracts already concluded.

We keep an internal version history. On request, we can send you the version in force on the date your contract was concluded.

23Governing law and dispute resolution

23.1. Amicable settlement

The dissatisfied party sends the other party a written notice describing the situation and the proposed solution. The parties make reasonable efforts to reach an agreement within 30 days of receiving the notice. This step is a recommended precondition, but it does not prevent either party from going to court where the law allows.

23.2. Disputes between professionals

Disputes that cannot be settled amicably fall under the jurisdiction of the competent courts in the Municipality of Bucharest, under Romanian law.

23.3. Disputes with consumers

Consumers may contact:

Consumers retain the right to go directly to the competent courts, including those of their own place of residence, under the mandatory consumer protection rules.

24Final provisions

24.1. Severability

If a clause of this document is declared void, illegal or unenforceable by a court or competent authority, it is replaced by a valid provision as close as possible to the parties' original intention, and the other clauses remain fully in force.

24.2. Assignment of the contract

The client may not assign its rights and obligations without BigConvert's prior written consent. BigConvert may assign the contract, with prior notice to the client, in the event of a reorganisation, merger, demerger or business transfer, with all contractual terms maintained in full.

24.3. Subcontracting

BigConvert may use contractors and subcontractors (for example for video production, development or translation), remaining liable to the client for their work as if it were its own.

24.4. Independence of the parties

The contract does not create an employment relationship, partnership, joint venture or general mandate of representation between the parties. Each party acts in its own name and on its own account, except for specific mandates expressly granted in writing (for example to manage an ad account).

24.5. No waiver

A party's failure or delay in exercising a right under the contract does not constitute a waiver of that right and does not prevent it from being exercised later.

24.6. Entire agreement

These Terms and Conditions, together with the Privacy Policy, the accepted offer and the individual contract and its annexes, constitute the entire agreement between the parties and supersede any prior understanding, promise or statement, oral or written, on the same subject.

24.7. Negotiated clauses

The business client declares that it has read, understood and expressly accepts the clauses on limitation of liability (section 17), unilateral termination and the termination clause (section 8.3), late payment penalties (section 9.4), non-solicitation of staff (section 19), tacit acceptance of deliverables (section 12) and jurisdiction of the Bucharest courts (section 23.2), within the meaning of Art. 1203 of the Civil Code. These clauses apply to consumers only to the extent permitted by consumer protection law.

24.8. Language of the contract

This document was drafted in Romanian and this English version is a translation. In the event of any discrepancy, the Romanian version prevails.

25Contact

For any question about these Terms and Conditions, a proposal or a complaint, you can reach us at:

We reply to enquiries within 30 days of receipt at most. For questions about the processing of personal data, please put "GDPR" in the email subject line and see our Privacy Policy.