The following terminology applies to these Terms and Conditions, Privacy Policy and any or all Agreements, referring to the Parties engaged:
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated Services and/or Products, in accordance with and subject to, prevailing Romanian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or,he/she or they, are taken as interchangeable and therefore as referring to same.
The following terminology applies to the words and concepts that define the scope of the Service required by the Client and provided by the Company:
The Company agrees to provide web design and/or development and/or other kind of web related services, depending on the active Services and / or Products found on the website, superwpheroes.io, (known forth as Work) for the Client as per the Client’s requirements and according to the needs of the Client, which will be passed on to the Developer as Tasks, using email or the Project Management Tool, and provide the Client with Deliverables.
The Company agrees to provide the Client with the following:
The Client agrees to provide the Company with the following:
From the moment You have a registered client account on our website, superwpheroes.io, this FRAMEWORK AGREEMENT is valid for a period of 12 months from it’s signing date. Failure to communicate changes or a termination notice by any or the parties by email after it’s expiration date automatically extends the FRAMEWORK AGREEMENT for an undefined period of time, until such notice is provided.
You may or may not request Quotes or estimations for Projects you wish to undertake with us, either by using one of the Plans at your discretion, or you may either start or request to start a Project without asking for a Quote or Estimation. You agree to submit a Quote Request if you wish to start a Fixed Price Project. Quote or Estimate requests are not needed and will not be granted for Productised Services. The Company, at it’s discretion, will generate Quotes or Estimates covering work times, type and delivery times for Projects or Productized Services at it’s discretion. These automated Quotes or Estimates will stand true to the stated actions that the Client commits to undertake in order to complete the Project or Productised Service and which You are aware of through the literature of this website.
For Hourly Plans, the Quote or Estimate will reflect an estimated amount of Hours needed to execute Work, proportional cost in relation to those Hours and an estimated delivery date. You understand and agree that those values may vary and agree to accept them as they evolve, tracked by the Work Tracking & Reports software.
For Fixed Price Projects and Productised Services, the Company commits to not charge You anything for executing the Work, in compliance with the Quote or Estimate request, while the the requirements and scope of the project do not change. Any additional changes in the scope of the Project, which would result in a different, more complex and time consuming way in producing the same Deliverables, altered Deliverables or new Deliverables will be subject to new Quoting and You agree to accept or refuse the newly resulted Cost.
The Company reserves the right to accept to deliver free Quotes or may opt to charge a fee for providing a Quote at it’s discretion.
The Company will consider certain aspects when executing Work:
The Company’s standard Hourly Rate is 119 USD / Hour. In addition to that, we may, at times, and to our discretion, promote special offers, discounts, discount coupons or preferential rates to all, any or specific clients.
The Company performs the Work agreed to be done for the Client as part of the scope of Service in two (2) different ways, also known as Plans and Fixed Price Projects.
The Company reserves the right to agree or not agree on which of the two ways to work for the Client.
Based on the above, the Company offers the Client several Plans the Client can choose to be charged by, according to the Client’s expected Workload. Upon successful registration, You will automatically be assigned the FLEXIBLE Plan, having the option to opt-in via subscription to the FULL-TIME or PART-TIME Plans as needed. You will also be able to place Orders or submit, review, accept quote requests and start Fixed Price Projects as well.
- Hourly Rate: 119 USD / Hour;
- Workload: “as-needed”, which means from 0 to 8 Hours per day, during the Work Schedule;
- Payment Schedule: weekly;
- Minimum Weekly Payment: 0 USD;
- Maximum Weekly Payment: (Hours times Hourly Rate) + (Overtime Hours times Overtime Hourly Rate) USD;
- Team Member Assignment: 1 non-dedicated Team Member
- Guarantees :
- For this Plan, the Company does not guarantee that the Work will be done in the day during the Work Schedule that the Client requested the Work or added the Task to the Project Management Tool, or the Work Availability. The Company does try however to provide Work Availability for all it’s Clients regardless, taking into account the active number of other Clients which may or may not request Work or add Tasks to the Project management Tool in the same time interval. The date on which Work would commence needs to be mutually agreed.
- Hourly Rate: 59 USD / Hour;
- Workload: “part-time”, which means minimum 4 Hours per day, during the Work Schedule;
- Payment Schedule: weekly;
- Minimum Weekly Payment: 1,180 USD / Week;
- Maximum Weekly Payment: 1,180 USD / Week + (up to 1-4 Hours / Day times Hourly Rate) + (Overtime Hours times Overtime Hourly Rate) USD;
- Team Member Assignment: 1 dedicated Team Member
- Guarantees:
- Dedicated designer and/or developer (Team Member)
- 4 Hours per Day Work Availability and Communication Availability
- Hourly Rate: 49 USD / Hour;
- Workload: “full-time”, which means minimum 8 Hours per day, during the Work Schedule;
- Payment Schedule: weekly;
- Minimum Weekly Payment: 1,960 USD / Week;
- Maximum Weekly Payment: 1,960 USD / Week + (Overtime Hours times Overtime Hourly Rate) USD;
- Team Member Assignment: 1 dedicated Team Member
- Guarantees :
- Dedicated designer and/or developer (Team Member)
- 8 Hours per Day Work Availability and Communication Availability
- The Company reserves the right to quote the Client in the event that the Company agrees to undertake the Project required by the Client as a Fixed Price Project, or refuse to undertake the Project at the Company’s discretion. The Client reserves the right to accept or refuse the Company’s price quote and Project Deadline. The price quote will represent the equivalent of the amount of Hours the Company estimates should spend performing Work in order to complete and deliver the Project by executing the Work at a rate starting from 49 USD / Hour up to 119 USD / Hour, depending on the Projects scope, type and complexity.
Work tracking can be done using the designated software provided by the Company, found on the Client Dashboard on our website, superwpheroes.io. This tool is provided by www.wphourly.com .
Project Management is to be done by making use of the designated software provided by the Company, found on the Client Dashboard on our website, superwpheroes.io, or any of these other 3rd party Work Tracking & Reports:
The Client can opt for 3rd party services such as the above, only if he/she subscribed to the FULL-TIME Plan. For all other Services and/or Products provided by the Company, the designated software provided by the Company will be used, except for special cases, at our discretion.
Project Management is not to be done via email, phone or chat clients (Skype, Yahoo Messenger, gTalk, etc)
It is the sole responsibility of the Client to verify and approve or disapprove the Work and Hours. The Company is, however, committed to force its Team Members to mark inapropriate Work and Hours records as not billable in favour of the Client, at its appreciation. Failure to verify the Work on behalf of the Client past each Monday after the previous week (Work Schedule) in which Work was done, automatically validates the Work making it eligible for being Paid out by the Client to the Company.
Cash, PayPal and all major Credit/Debit Cards or Bank Transfer are all acceptable methods of payment. This Payment Agreement applies to all the Work done by the Company for the Client as follows:
- The Client Commits to funding the Account Ballance with at least the Minimum Weekly Payment equivalent for it’s selected plan at the begining of each week (Work Schedule)
- The Client Commits to funding the Account Balance with and additional sum covering any unpaid balance from the previous week (Work Schedule) or Overtime Hours in the previous week (Work Schedule)
- In the eventuality of the Minimum Weekly Payment being equal to zero (0), the Client will fund its Account Balance with a sum it considers to be enough to cover the Hours times Hourly Rate for that week (Work Schedule)
- In any case, the Client shall not leave any outstanding balance, or unpaid Hours or Invoice for more than 1 week.
- To facilitate Payments for the Client, the Company may, at its discretion, require the Client to opt in for a subscription that would automatically withdrawal the Payments in conjunction with the Payment Schedule
- The Company reserves the right not to start or resume work on a Project or Milestone unless the Client funds its Account Balance as described above, case in which the days spend waiting will be added to the Deadline.
- For Fixed Price Projects the Client agrees to fund its Account Balance with at least the Cost equivalent of the total Project Cost, or one (1) Milestone Cost equivalent, in case the project is split into Milestones.
- As a Milestone gets completed by the Company, the Client agrees to fund its Account Balance with the Cost equivalent of the next Milestone, and so on, until all Milestones are completed.
- The Company may also operate on an upfront / payoff model with various percentages depending on the Service / Product.
- The Company reserves the right not to start or resume work on a Project or Milestone unless the Client funds its Account Balance as described above, case in which the days spend waiting will be added to the Deadline.
All the goods, Products and/or Services resulted from the Work remain the property of the Company until paid for in full by the Client. Unpaid Hours or Invoices that remain outstanding by their respective due dates will incur late payment interest at the rate of 2% / day rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any meoney owned by the Client to the Company as a result of the Work done, or invoices remaining unpaid 30 days from the date of the respective invoice issue date via Collection Agencies. In such circumstances, you shall be liable for any and all additional administrative and/or court costs, according to Romanian Law.
Payment is executed through our website, superwpheroes.io , by placing an Order. For any kind of payment you need to make (paying for Development Hours, Fixed Price Projects, Productised Services, Products or simply paying an existing invoice) and Order will be generated for you. On the Checkout page, upon placing your Order, you will be asked for your signature, which you can draw with your mouse, finger or stylus (on a mobile device). This signature is needed in order for us to stay compliant with Romanian tax regulations. Depending with the types of documents associated with your payment type, the same signature will be places over the FRAMEWORK AGREEMENT, Confirmation of Service document, the actual Order or any kind of requested document by us, which document will be visible to You as example documents prior to signing, so that you know what you are signing on. The example documents will not have the actual values where applies, but they will have the exact same texts, both in English and in Romanian. These documents will then be available to you under your My Documents section of this website, for your use as well in book keeping, accounting or wherever you need them, in digital format.
The Client obligates it self to respect the law requirements in terms of taxes of the Company and the other way around.
Therefore, the Client agrees to sign the necessary documents for the Company, whenever needed, in order for the Company to be tax and law compliant in its state of registration, ROMANIA, EU, for as long as the Client is engaged in commercial relationships with the Company.
These documents include:
Documents can be signed electronically directly from the Client Dashboard, or printed, signed and scanned back or printed, signed and mailed back by postal service. If the tax laws in the Client’s country requires the use of an official company stamp, the Client may use one as well.
The Company obligates its self to do the same for the Client (sign necessary documentation) and most specially, issue tax invoices and receipts for the payments it receives and issue Confirmation of Service documents for the work it provides.
The Client can allow the Company to post a discrete link or credit notice at the bottom of the resulted Work, Product or Service delivered to the Client or any other appropriate place, such as a page or article, linking back to the Company’s website, superwpheroes.io. This link will have the following code, which can be used as is or in a contextual form:
Work Accreditation is not required in the case where the Company provides White Label Work to the Client.
The Company agrees and firmly commits to providing White Label Work for the Client, in the case when the Client is a company (You not Us) with similar scope, services and/or products as the Company (Us) and uses the Company for outsourcing or a reseller of the Company’s services. That categorises you as an “Agency Client”. The Client must submit proof of its scope, products and services in this case, so that the Company can confirm that the Client will be reselling the Products and/or Services provided by the Company, and thus provide White Label Work and not being obligated to perform Work Accreditation for the Company.
The Company aims to providing it’s services to the Client in an uninterrupted way, therefore the Company guarantees its Work Availability and Support Availability towards the Client as follows:
- Work Availability: is to be provided as soon as the Company can attend to the Client, keeping in consideration the other Clients that are actively engaged in projects which keep the Company performing Work.
- Support Availability: 4 Hours per day
- Work Availability: equals the Plan’s specific Workload in terms of Hours / day.
- Comunications Availability: during the Company’s Work Schedule except Days Off
- Work Availability: 8 hours per day.
- Comunications Availability: during the Company’s Work Schedule except Days Off
- Work Availability: the Company will execute the Work without being obligated to prove the Work being done daily to the Client, but the Company is obligated to present the Work done at specific Milestones, Sprints, or Project Completion, as mutually agreed between the Company and the Client.
- Comunications Availability: during the Company’s Work Schedule except Days Off
The Company reserves the right to either permanently assign a Team Member to perform Work for a Client, or re-assign a Team Member between multiple Clients, as needed. The Client can also request re-assignment of it’s dedicated Team Member, and if possible and within the available manpower, the Company may honor or reject such a request. Team Member Assignment is only available for the FLEXIBLE, PART-TIME and FULL-TIME Plans. All Plans and Hourly Rates represent calculations done in the scenario when 1 Team Member is performing Work for 1 Client. If the Client requires a team of more the 1 Team Members, then the Client needs to opt in for more Plans, as it sees fit.
The Company’s Work Schedule is 10:00AM – 18:00PM, Monday to Friday, GMT+3, Bucharest Time, except Days Off.
The Romanian Law forces Romanian businesses, therefore the Company, to allow their Team Members, to take certain days off and not perform Work during those days, with the title of Vacations, Holydays or Leaves.
During those days, if the Client has opted for the FLEXIBLE, PART-TIME or FULL-TIME Plan, he is not to be charged for the Plan corresponding to the Team Member that took Days Off. In other words, the Minimum Weekly Payment for that plan becomes zero (0) and the Maximum Weekly Payment for that plan stays valid, which means that the Client only pays for the actual worked Hours, at the selected Plan’s Hourly Rate. If it happens so that the Client is charged during Days Off due to technical limitations, such as 3rd party subscription services, such as PayPal but not limited, that money is subject to immediate refund.
Days Off with the title of Vacations will be mutually agreed between the Company and the Client, if the Client has opted for the PART-TIME or/and FULL-TIME Plans.
If not priorly mutually agreed between the Company and the Client with at least 30 day notice, the Days Off which represent Vacations, or Holidays or Leaves, will be the ones stated in the following calendar. Holidays are not subject to calendar dates changes.
If Days Off happen to be changed from their declared calendar dates, the change will be made known to the Client.
We are committed to protecting your privacy. Authorized Team Members within the Company ,on a need to know basis only, use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our customers. Please view our Privacy Policy for exact details.
Neither of the Client nor the Company shall engage, under no circumstances, in activities that might affect the other Party involves, such as, but not limited to:
If such activity is discovered, the Party affected is entitled tho request reparations in the Court Of Law.
We are committed not to share your data with any kind of third Party. Client records are regarded as confidential and therefore will not be divulged to any third party, other than state authorities if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that We are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of Our Services. Where appropriate, We shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent Your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Company will only be in connection with the provision of agreed Services and/or Products.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data there on or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cookies are very small text files that are stored on your computer when you visit some websites.
We use cookies to help identify your computer so we can tailor your user experience, track shopping basket contents and remember where you are in the order process.
You can disable any cookies already stored on your computer, but these may stop our website from functioning properly.
The following is strictly necessary in the operation of our website.
This Website Will:
The following are not Strictly Necessary, but are required to provide you with the best user experience and also to tell us which pages you find most interesting (anonymously).
Functional Cookies
This Website Will:
Targeting Cookies
This Website Will:
This website will not
You may create a link to any page of this website without our prior written consent.
We do not monitor or review the content of other Party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Us and should not be regarded as the publisher of such opinions or material. Please be aware that We are not responsible for the Privacy Practices, or content, of these sites. We encourage our Clients to be aware when they leave our site and to read the Privacy Statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s Services, Products and the full content of this website.
All communication will be made through the designated software available at superwpheroes.io or at any of the following email addresses:
These, and other contact information, can be found on our Contact Us section on our website or via Company literature or via the Company’s stated telephone, fax line or mobile telephone numbers.
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, fire, explosions or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Romania govern these terms and conditions. By accessing this website (and using our Services or buying our Products) you consent to these Terms and Conditions and to the exclusive jurisdiction of the Romanian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
The Company reserves the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our site or by email. If there are any changes in how we use our site customers Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Web Design and Development Agreement between the Client and Ourselves, which shall be digitally or phisicaly signed by both parties before any Payment shall be made and before any Work shall be executed. Your accessing of this website and/or undertaking or requesting of a Service or buying a Product or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Both the Client and Ourselves have the right to terminate this FRAMEWORK AGREEMENT , or any other Agreement, together with their Annexes, for any reason, including the ending of Services that are already underway. This FRAMEWORK AGREEMENT may also be terminated by mutual consideration between the Company and the Client, provided that there are no unpaid Hours, Invoices or balances of any kind and there are no Deliverables left unsent to the Client. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to Us which constitute payment in respect of the provision of unused Services, shall be refunded, which included unused Account Balance money.
Refunds are issued in one of the following situations:
Refunds are NOT issued in any of the following situations:
Specific taxes and fees may apply according to what payment processor is used to accomplish the Refund process. Those fees will be hold by the Company to cover the Refunds process costs.
In the case that this FRAMEWORK AGREEMENT suffers changes after the date Your client account has been created and you have given your consent upon these Terms and Conditions, You shall be notified to re-give your consent, or disaprove for that matter, case in which all monies due must be paid out, all Deliverables unsent must be sent out and your client account terminated, over these Terms and Conditions.
In the same way, Annexes may be used as Electronicaly Signed documents to extend or terminate this FRAMEWORK AGREEMENT.
Legal successors, both of the Client and the Developer, will be entitled to rights and obligations coming forth from this FRAMEWORK AGREEMENT.
Any aspects not covered by this FRAMEWORK AGREEMENT / Terms and Conditions will be governed by the laws governing this activity in Romania.