Effective Date: April 23, 2023

1. Overview

1.1 SACAS COSTAS OVIDIU P.F.A. Group (referred to in this document as “Our Company” or “the Company”) operates HowCommerce.com (referred to in this document as “the Site”).

1.2 These Terms of Use (“Terms”) constitute a legally binding agreement between you and Our Company and govern your use of the Site and any products or services made available from time to time on the Site.

1.3 The term “Services” refers collectively to the Site, any products or services offered on the Site, and any content, features, or functionality made available through the Site. By accessing or using any of the
Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.4 The term “User” or “Users” refers to anyone who accesses the Site, interacts with its content, or purchases services from the Site.

1.5 The term “Project” refers to any service provided to Users through the Site.

1.6 The term “Developers” refers to staff employed by Our Company or third-party contractors contracted for a limited amount of time for a specific task only.

1.7 Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

1.8 By accessing, creating an account, or using the Services, you agree to be bound by these Terms and indicate your continued acceptance of these Terms. If you disagree with any part of the Terms, you do not have permission to access or use the Services.

2. Services

2.1 Our Company grants you a non-exclusive, non-transferable, revocable license to use the Services, for your personal use only, in accordance with these Terms.

2.2 We reserve all rights that we do not expressly grant in these Terms. In our sole discretion, we may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any product, feature, or content.

2.3 Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use or access any Services, without providing any refund or canceling your obligation to make installment payments where applicable, if we decide, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

2.4 We offer SASS type services through our online store located at https://howcommerce/shop such as customizing websites with pre-built code that is adapted to customer requirements.

2.5 For these types of customizations, we use our in-house team, our Developers, or connect the client with third-party developers that will be managed by us.

2.6 Prices of the SASS services are fixed for the deliverables specified in the “Deliverables” tab under the product “Description” on the product page but can increase depending on customer requirements. When this is the case, we re-evaluate the task and send a quote to the User with the price difference. As a User, you have the right to refuse or accept the new price offer. If you refuse the new price offer and do not want to continue the Project with us, we will refund you the money in full within 14 days of your refusal in writing.

2.7 As a condition for engaging our Services, you represent and warrant that:

(i) You are at least 18 years old;
(ii) Your use of our Services will not violate any applicable law or regulation anywhere in the world;
(iii) You will provide truthful and accurate information when registering for our Services and you will keep such information up-to-date;
(iv) You are not a citizen or resident of, or located in, a country or region in which use or participation is prohibited by law, decree, regulation, treaty, administrative act, or other sovereign country sanctions or embargoes;

2.8 If we determine that you have breached any of the conditions listed in Section 2.7, we reserve the right to terminate your account, seize immediately all resources, stop immediately any correspondence with you, and report your account to authorities.

3. Your content

3.1 Our Services provide you with the opportunity to contribute content or materials, which we define as “Your Content,” through various means, including:

(i) Commenting on our blog posts;
(ii) Direct communication with us; and
(iii) Posting articles and tutorials on our blog.

3.2 By contributing Your Content through our Services, you grant us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from, and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information, products or services.

3.3 By submitting Your Content to our site, you represent and warrant that:

(i) You own all Intellectual Property Rights in Your Content and have the right to provide Your Content through our Services for use as contemplated here.
(ii) You are at least eighteen (18) years old.

4. Account

4.1 To utilize our Services, users are required to register an account with us.

4.2 In order to register an account with us, users must either:

(i) Make a purchase from our Site’s online store; or
(ii) Submit their email address and a password as login details.

4.3 Upon successful registration, users will have access to their account and the Services offered by our Site.

4.4 Users are responsible for maintaining the security and confidentiality of their login details at all times, and must take all reasonable measures to prevent any unauthorized use by third parties.

4.5 Users are strictly prohibited from sharing their login data with any third-party. All activities and operations on the account must be performed solely by the account owner.

4.6 Users are prohibited from using offensive, vulgar, obscene, discriminatory, or unlawful usernames or any name that belongs to another person or entity.

4.7 Users are entitled to edit any data related to their account, and may contact us through our contact page for assistance if necessary.

4.8 Users who suspect any unauthorized access to their account must notify our Site staff immediately.

4.9 Users shall be held liable for any and all consequences resulting from the breach and misuse of their account by a third-party if such a breach occurs due to the user’s negligence or fault.

4.10 Once a user account is created and an order is placed, an administrator from our Site reserves the right to approve or reject the requested registration or order at their sole discretion.

5. Project security

5.1 By engaging our Services, the User acknowledges that in order for us to perform the Services, it is necessary for our Developers to have temporary access to the User’s website or online store.

5.2 User Project login details will only be shared with the Developers who are working on the Project.

5.3 User Project login details will only be used to perform the Services that were ordered.

5.4 After we notify the User that the Project is complete, the User must either change their login details or remove our Developers’ access from their Project.

5.5 Our Company will not be liable for any loss or damage incurred by the User resulting from the User’s failure to comply with the security requirements listed in this document.

5.6 If the User’s Project security is breached or the User notices any suspicious activity on their Project, the User must notify our Company staff immediately.

5.7 The User agrees and acknowledges that from the moment the Services are started by our Developers, a backup will be in place.

5.8 The User agrees and acknowledges that they will not alter the theme settings or code while their Project is active or under warranty.

5.9 Our Developers will make backups before starting work on the User’s Project. The User is prohibited from deleting these backups until the Project warranty has expired. Failure to comply will result in warranty cancellation.

6. Project completion times

6.1 The estimated Project completion time listed on our website product page is provided as a courtesy and is not a guarantee of completion within that time frame. Our Company does not assume any liability for delays in Project completion.

6.2 The Project completion time begins when our Company gains access to the User’s store and finalizes the requirements with the User. Our Company staff will notify the User when work on the Project has begun.

6.3 Our Company may extend the estimated completion time if we encounter unexpected difficulties, such as technical issues, changes to the scope of the Project, or if the User does not provide the necessary information or access in a timely manner.

6.4 If the User has a specific deadline or time frame in which the Project must be completed, the User must notify our Company in writing before placing the order, and our Company will provide a separate estimate for the expedited completion of the Project.

6.5 Our Company will not be liable for any losses or damages arising from delays in Project completion, unless caused by our willful misconduct or gross negligence.

7. Payments

7.1 The prices for our Services are listed on the product page, cart page and checkout page. The User acknowledges and agrees to pay the listed price for the Services ordered.

7.2 The prices for our Services are fixed and only the deliverables listed on the “Deliverables” section of the product page will be provided to the User.

7.3 Any custom requests related to the task ordered will require additional payment. The User will receive an estimate for the additional work, and payment must be made before the work can be performed.

7.4 Custom requests are accommodated at the sole discretion of Our Company, and our account manager or the Developer assigned to the Project has the right to approve or reject the requested custom work.

7.5 If a request for custom work is rejected or if the User does not want to pay for the extra work, Our Company has the right to either (i) complete the Project based only on the deliverables listed on the product page or (ii) cancel the Project and refund the User the full amount paid.

7.6 If Our Company is unable to process the User’s payment, we reserve the right to cancel, suspend, or terminate the Services.

7.7 By creating an account, the User agrees that Our Company is permitted to bill them for the applicable fees, taxes, and any other charges incurred in connection with the use of the Services.

7.8 If the User has a balance due on their account on our site, Our Company is entitled and permitted to charge the unpaid fees to the User’s credit card or any other payment method applicable. The User is responsible for keeping their payment information up-to-date and accurate.

8. Refunds

8.1 Our Company provides a 100% money-back guarantee to Users in the following situations:

(i) If the work on the Project has not yet commenced;
(ii) If we determine that the Project is more complex than the scope of work listed in the service deliverables on the product page;
(iii) If the User decides not to proceed with the extra work required to complete the Project.

8.2 Our Company may, at its sole discretion, offer refunds at any time if it deems that the collaboration with the User is not a good fit.

9. Warranty

9.1 Our Company offers a warranty for its Services as follows:

(i) 7 days for Services priced below $5,000;
(ii) 14 days for Services priced between $5,000 – $10,000;
(iii) 30 days for Services priced above $10,000.

9.2 The warranty period is measured in calendar days and not working days.

9.3 The warranty covers the resolution of bugs and issues that affect the normal functioning of the Service that the User acquired from Our Company.

9.4 The countdown for the warranty period starts from the moment we notify the User that the Service has been delivered.

9.5 Our Company reserves the right to immediately cancel the warranty for a Service if the User has altered the original Service code or allowed third parties (excluding Our Developers) to do so.

10. Affiliate Links

10.1 Some of the links in our blog posts are “affiliate links.” This means that if you click on the link and purchase the item, we may receive a commission. We only recommend products or services that we use personally and believe will add value to our users.

10.2 Our company cannot be held responsible if the products or services purchased from the providers we’ve linked to do not meet your expectations or do not work as advertised. Please be aware of this when you make a purchase from our partners.

11. Privacy

Your use of the services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as outlined in the Privacy Policy.

12. Disclaimers; Limitations of Liability

12.1 Our company reserves the right to not be responsible for the accuracy or completeness of the information posted on our site.

12.2 We strive to provide accurate and up-to-date information, but we are all human, and mistakes can happen. If we become aware of any inaccuracies, we will make every effort to correct them as soon as possible. However, we cannot be held responsible for any damages or losses that may arise from the use of information posted on our site.

12.3 The services are provided “as is” and without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

12.4 Our company, its subsidiaries, affiliates, and licensors do not warrant that:

(i) The services will function uninterrupted, secure, or be available at any particular time or location;
(ii) Any errors or defects will be corrected;
(iii) The services are free of viruses or other harmful components; or
(iv) The results of using the services will meet your requirements.

12.5 If our company is found to be liable to you or any other user for any damages or losses arising out of or in connection with these Terms and/or our services, to the extent permitted by law, the total cumulative liability of our company shall not exceed the greater of:

(i) An amount equal to the fees paid by the user to our company for the services; or
(ii) The sum of $100 (one hundred United States dollars).

We hope this revised version of your website’s Terms of Service will be helpful in ensuring that your website is legally compliant and protecting both your company and your users.

13. Copyrights

13.1 All original content, features, and functionality of the Services, including content provided by users for which the users are paid by our Company, are and will remain the exclusive property of our Company and its licensors.

13.2 The Services are protected by copyright, trademark, and other laws of Romania, the European Union, and foreign countries. All rights not expressly granted to you in these Terms are reserved.

13.3 Our trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on the Services are our registered and unregistered Trademarks and may not be used in connection with any product or service without the prior written consent of our Company.

13.4 You may not frame the website or any portion of its content or copy portions of the website to a server, except as a part of an internet service provider’s incidental caching of pages.

13.5 Our Company grants you a limited, personal, non-exclusive, non-transferable, and non-assignable license to use, display, and to make copies of the Services solely for your personal, non-commercial use.

13.6 You acknowledge and agree that you have no right to copy, edit, modify, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services in any manner, except as expressly authorized by us.

13.7 If you breach any conditions listed on these Terms, this limited license automatically terminates without notice to you.

13.8 Upon license termination:

(i) You agree to destroy and stop using immediately any materials that you received upon using our Services.
(ii) You acknowledge that you do not have any rights or interests in our Services or any of its content.

By accessing or using the Services, you agree to respect our intellectual property rights and acknowledge that any unauthorized use may violate copyright laws, trademark laws, and other laws.

14. Governing Law

These Terms of Service shall be governed and interpreted in accordance with the laws of Romania, without giving effect to any principles of conflicts of law.

15. Changes to the Terms

We reserve the right to modify these Terms at any time without prior notice. Any changes to these Terms will be posted on this page, and your continued use of our Services constitutes your acceptance of such changes. If you do not agree with any modifications made to the Terms, you must stop using our Services.

16. Entire Agreement

These Terms of Service constitute the entire agreement between you and our Company regarding the use of our Services, and supersede all prior agreements and understandings, whether written or oral.

17. Contact Us

If you have any questions or concerns regarding these Terms of Service, please contact us through our contact page.