Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and GRADAX ("we," "us," or "our"), a Romanian company located at Strada Gheorghe Polizu 58, Bucharest, Romania. By accessing our website at gradax.com or using any of our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By accessing our website, submitting an inquiry, purchasing a service, or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Description of Services

GRADAX provides a range of digital services, including but not limited to:

• Website design and development
• Brand identity and graphic design
• Mobile and web application development
• E-commerce store setup and management
• Search engine optimization (SEO) and digital marketing
• Social media management and content marketing
• Web hosting and managed WordPress hosting
• Cloud servers, dedicated servers, and infrastructure services
• Website security and maintenance
• Dedicated development teams and technical consulting

The specific scope, deliverables, and timeline for each project or service will be defined in a separate proposal or service agreement.

3. Account Responsibilities

If you create an account with us, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or are used for unlawful purposes.

4. Payment Terms

All prices are quoted in United States Dollars (USD) unless otherwise specified. Payment terms vary by service type:

• Project-based services: A deposit of 30-50% is required before work begins. The remaining balance is invoiced upon completion of agreed milestones or final delivery.
• Recurring services: Hosting, maintenance, SEO, and marketing services are invoiced monthly. Payment is due within 15 days of the invoice date.
• Late payments: Invoices unpaid after 30 days may incur a late fee of 1.5% per month on the outstanding balance.

We accept payment via bank transfer, credit card (Visa, Mastercard, American Express), and PayPal.

5. Refund Policy

• Hosting services: We offer a 30-day money-back guarantee on all hosting plans. If you are not satisfied within the first 30 days, contact us for a full refund.
• Project-based services: Refunds are handled on a milestone basis. If a project is cancelled before a milestone is delivered, you will be refunded for any unstarted milestones. Work already completed is non-refundable.
• Recurring services: You may cancel monthly services at any time. No refunds are issued for partial months. Cancellation takes effect at the end of the current billing cycle.

6. Intellectual Property

Ownership of deliverables and intellectual property is governed as follows:

• Client deliverables: Upon full payment, the client receives ownership of all custom deliverables, including website designs, brand assets, graphics, custom code, and content created specifically for the project.
• GRADAX tools and frameworks: We retain ownership of our proprietary tools, frameworks, libraries, templates, and processes used in delivering services. The client receives a perpetual, non-exclusive license to use these components as part of the delivered project.
• Third-party assets: Licensed stock photos, fonts, plugins, and third-party software used in projects are subject to their respective license terms.
• Portfolio: We reserve the right to showcase completed projects in our portfolio and marketing materials unless the client requests otherwise in writing.

7. Service Level Agreement

For hosting and managed services, we commit to the following service levels:

• Uptime: 99.9% monthly uptime guarantee for all hosting plans.
• Response time: Critical issues acknowledged within 1 hour; non-critical issues within 4 business hours.
• Scheduled maintenance: Planned downtime will be communicated at least 48 hours in advance and scheduled during off-peak hours.
• SLA credits: If monthly uptime falls below 99.9%, affected clients may request a pro-rata credit for the downtime period.

This SLA does not apply to downtime caused by force majeure events, third-party services, client-initiated changes, or scheduled maintenance.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• GRADAX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claim arising from or related to our services shall not exceed the total amount paid by you to GRADAX in the 12 months preceding the claim.
• We are not liable for damages arising from your use of third-party services, platforms, or integrations.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, death, or personal injury caused by our negligence, or any other liability that cannot be excluded under applicable law.

9. Termination

Either party may terminate the service relationship as follows:

• Recurring services: Either party may cancel with 30 days' written notice. Services continue until the end of the current billing period.
• Project-based services: Either party may terminate a project with written notice. Payment is due for all work completed up to the termination date.
• Immediate termination: We may terminate your access immediately if you breach these Terms, engage in illegal activity, or fail to pay invoices after two written reminders.

Upon termination, we will provide you with a copy of your data and deliverables within 30 days of request, subject to full payment of outstanding invoices.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania and applicable European Union regulations, without regard to conflict of law principles. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Bucharest, Romania. For clients in the European Union, nothing in these Terms affects your statutory rights as a consumer under EU law.

11. Dispute Resolution

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. If a dispute cannot be resolved within 30 days of written notice, either party may submit the dispute to mediation administered by a mutually agreed mediator in Bucharest, Romania. If mediation is unsuccessful within 60 days, either party may pursue legal remedies in the courts specified above.

12. Warranties and Disclaimers

Our services are provided "as is" and "as available." While we strive to deliver high-quality work, we make no warranties, express or implied, regarding the suitability, reliability, availability, or accuracy of our services. We do not guarantee specific results from SEO, marketing, or advertising services, as outcomes depend on many factors outside our control.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For material changes, we will notify active clients by email at least 30 days before the changes take effect. Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.

14. Contact Information

For questions about these Terms of Service, please contact us: