CyberBuild Solutions

Terms of Service

Version 2.2, effective from 6 October 2026.

1. Who we are and scope

  1. Provider: CYBERBUILD SOLUTIONS S.R.L., tax ID (CUI) 53532866, registered office in Corbu, 42 Ioan Stănei St., Constanța County, Romania. Contact: [email protected] (“CyberBuild”, “we”).
  2. These terms apply to all CyberBuild quotes, orders, subscriptions and invoices, for companies and institutions (“business customer”) and for individuals (“consumer”). For consumers, section 19 prevails.
  3. If documents conflict, the order of precedence is: (1) the signed contract or accepted quote, with its annexes (estimate, SLA, DPA); (2) these terms. The customer's own general terms apply only if we accept them in writing.

2. What we offer

  1. Projects and hourly work: web and application development, website optimisation, integrations, automation, consulting, audits.
  2. Subscriptions: Fresh (AI assistant), Odoo and other application hosting, server and IT maintenance.
  3. Additional hours on subscriptions, at the rate in the quote.

3. Quotes and acceptance

  1. A quote is valid for 30 days unless it states otherwise.
  2. A quote is accepted by signature, by written confirmation (including e-mail or WhatsApp), by paying the advance or by activating the subscription.
  3. Hour estimates are estimates, not fixed prices, unless the quote expressly states “fixed price”.

4. Prices, currency and VAT

  1. Prices are stated in EUR or in lei, as set out in the quote.
  2. Customers established in Romania: invoices are issued in lei. EUR prices are converted at the BNR (National Bank of Romania) rate on the invoice date. Payment is made in lei, at the invoiced amount, with no later exchange-rate adjustment.
  3. Customers established outside Romania: invoices are issued and paid in EUR.
  4. CyberBuild is not registered for VAT (art. 310 of the Romanian Fiscal Code) and its invoices carry no VAT. For business customers in other EU Member States the reverse charge applies: VAT is payable by the customer in their own country (art. 196 of Directive 2006/112/EC).
  5. For business customers, prices are exclusive of VAT. If CyberBuild becomes VAT-registered, VAT will be added as required by law, with 30 days' prior notice. For consumers, the displayed price is the final price.
  6. The payer's bank charges are borne by the payer. For SEPA transfers, each party bears its own charges.
  7. Third-party licences and services (booking apps, cookie banners, CRM, hosting, domains, paid AI models) are not included in the price unless the quote says otherwise. They are paid by the customer directly to the provider, or re-invoiced at cost.

5. Invoicing and payment terms

  1. Projects and hourly work: an advance invoice is issued at the start, for the amount in the quote, and work starts once it is paid. Hours worked are deducted from the advance. Once the advance is used up, hours are invoiced monthly, based on the timesheet. Subsequent invoices deduct the advance; any unused balance at the end of a phase is carried over to the next phase or, on termination, refunded.
  2. Subscriptions: invoiced in advance, at the start of each period (month or year).
  3. The payment term is the one stated on the invoice. Unless the invoice says otherwise: advance — 5 days; subscriptions — 7 days; monthly and project invoices — 15 days or 30 days, as agreed in the quote or contract.
  4. For business customers, the payment term does not exceed 60 days.
  5. Payment is made by bank transfer to the account shown on the invoice. An invoice is deemed paid on the date the funds are received.
  6. Invoices to companies and institutions in Romania are also sent through RO e-Factura, as required by law.

6. Late payment

  1. For business customers, any amount unpaid on the due date automatically bears, without formal notice: statutory late-payment interest (BNR reference rate plus 8 percentage points per year), from the day after the due date until payment; and a fixed compensation of EUR 40 (or the lei equivalent) for recovery costs (Directive 2011/7/EU), plus any reasonable recovery costs above that amount.
  2. If an invoice remains unpaid 15 days after its due date, CyberBuild may suspend work or access to the subscription after 5 days' written notice. Suspension does not delete any data. Service resumes within 1 business day of payment.
  3. Delivery deadlines are extended by the length of the payment delay or suspension.

7. Hourly work and estimates

  1. The hourly rate is the one in the quote. Hours are logged per task (the task code in the estimate), in 15-minute increments.
  2. Every Friday, a short message with the hours worked and, where relevant, the remaining advance balance.
  3. We give notice before exceeding the maximum estimate for a task, and any overrun requires the customer's approval.
  4. New requests or changes in requirements receive a separate estimate and are carried out after approval.
  5. Work is done in phases (e.g. P0, P1, P2). A new phase starts only at the customer's request.

8. Delivery and acceptance

  1. Deadlines are estimates and depend on receiving the customer's content, access and decisions on time.
  2. The customer reviews the deliverable within 5 business days and reports specific issues in writing. If nothing is reported within that period, the deliverable is deemed accepted. For consumers, section 19 applies.
  3. Defects in what was delivered that are reported within 30 days of acceptance are fixed at no cost. This excludes changes in requirements, work by other parties and changes made by platforms (Shopify, Wix, browser updates).

9. Subscriptions

  1. A subscription starts on activation and renews automatically for the same period (month or year) until terminated.
  2. The customer may terminate at any time, effective at the end of the paid period. Maintenance and hosting subscriptions require 30 days' notice. Periods already paid are not refunded, except as set out in point 4 and in section 19.
  3. Price or feature changes are announced at least 30 days in advance. If the customer does not agree, they may terminate at no cost before the change takes effect.
  4. Services are provided on a reasonable-efforts basis, with maintenance windows announced where possible. Guaranteed service levels (SLA), if any, are set out in the quote or in an SLA annex. If a subscription is unavailable through CyberBuild's fault for more than 72 consecutive hours, the period is extended accordingly or refunded pro rata.

10. Customer data and switching provider

For hosting and application (SaaS) services, in line with Regulation (EU) 2023/2854 (Data Act):

  1. Data entered by the customer remains the customer's.
  2. On termination or when switching provider, the customer receives a one-time export of their data, in a standard format chosen by CyberBuild (usually a copy of the database). Additional exports or other formats are charged at the hourly rate.
  3. On a request to switch provider, the notice period is at most 2 months. It is followed by a 30-day transition period during which the service continues. Migration to the new provider is not included: if requested, it is charged at the hourly rate.
  4. After termination, data remains available for download for at least 30 days and is then deleted, except data we are legally required to keep.
  5. Until 12 January 2027, switching may be charged at no more than the direct cost incurred. From 12 January 2027, switching is free of charge.

11. Customer obligations

  1. The customer provides content, access (as a collaborator rather than with their own password, where possible) and decisions on time.
  2. The customer is responsible for the content they provide: texts, images, medical or commercial claims, copyright, and the consent of people in photos (including “before/after” photos).
  3. The customer remains the controller of the website or application and is responsible for the privacy policy, cookie consent and commercial compliance. CyberBuild implements technically what was agreed.
  4. Health data: for clinics and medical services, the customer does not collect or enter medical data in marketing forms, pixels or advertising platforms. CyberBuild sets up tracking without such data.
  5. Accessibility compliance (Directive (EU) 2019/882), mandatory for some online shops, is included only if the quote expressly provides for it.
  6. The customer pays for third-party licences and complies with their terms.

12. Intellectual property

  1. Code and materials made specifically for the customer become the customer's property upon full payment.
  2. CyberBuild retains the rights to its own tools, libraries, templates and methods used across projects. The customer receives a free, perpetual licence to use them within their deliverable.
  3. Open-source components remain under their own licences.
  4. CyberBuild products (Fresh, dashboards) are not transferred: a subscription grants the right to use them for its duration.
  5. CyberBuild may mention the customer and the project in its portfolio, without confidential information, unless the customer objects in writing.

13. Personal data

  1. For the data of its own customers and contacts, CyberBuild is the controller. Details in the Privacy Policy.
  2. When we host or process personal data on the customer's behalf (website, CRM, Odoo, Fresh), CyberBuild acts as processor under art. 28 GDPR: we process only on the customer's instructions, keep data confidential, apply security measures, report incidents without undue delay (no later than 48 hours after discovery), assist with data subject requests and, at the end, return or delete the data.
  3. The list of sub-processors is available on request, and changes are announced 30 days in advance. For transfers outside the EEA we rely on adequacy decisions (e.g. the EU-US Data Privacy Framework) or standard contractual clauses.
  4. On request, we sign a separate data processing agreement (DPA), which prevails over this section.

14. Artificial intelligence

  1. Some services (e.g. Fresh) use AI systems, including third-party models.
  2. People interacting with an AI assistant are informed that they are interacting with an AI system (Regulation (EU) 2024/1689, art. 50). The customer does not conceal this or present the assistant as a human.
  3. AI output may contain errors. Decisions with legal, financial or medical effect are checked by a human. Actions involving money or sending to third parties require confirmation, where the service provides for it.
  4. Customer data is not used to train models, ours or our providers', unless the customer expressly agrees.
  5. The customer trains the people who use the assistant (Regulation (EU) 2024/1689, art. 4).

15. Confidentiality

Each party keeps confidential the commercial and technical information it receives, during the collaboration and for 3 years afterwards, except information that is public or required by law. Access credentials and passwords remain confidential for as long as they exist.

16. Warranties and liability

  1. We work according to good practice and the agreed specifications. This is an obligation of means, not of result: we do not guarantee sales, Google rankings, conversions or ad approvals.
  2. For business customers, CyberBuild's total liability under a contract is limited to the amounts paid by the customer under that contract in the last 12 months. We are not liable for loss of profit, data loss that the customer's own backups could have prevented, or indirect damage.
  3. These limitations do not apply to damage caused intentionally or by gross negligence, to personal injury, or to consumers where the law does not allow them.
  4. Incidents at third-party providers (platforms, cloud, internet providers, Meta, Google) are outside CyberBuild's control. We help resolve them, for a fee where this goes beyond the subscription.

17. Force majeure

Neither party is liable for non-performance caused by force majeure (disasters, major power or internet outages, acts of authorities) for its duration, provided the other party is notified within 5 days. After 30 days of force majeure, either party may terminate the contract without penalty.

18. Termination

  1. Projects end with the delivery and acceptance of the last phase ordered.
  2. Either party may terminate the contract for a material breach that is not remedied within 15 days of written notice.
  3. On termination, hours worked and costs incurred up to that point are invoiced, any unused advance is refunded within 15 days, and data is handed over in accordance with section 10.

19. Consumers (individuals)

  1. For distance contracts, consumers may withdraw within 14 days without giving a reason, by sending a message to [email protected] (Directive 2011/83/EU).
  2. If the consumer expressly asks us to start within those 14 days, on withdrawal they pay only for the part already performed. If the service has been fully performed with their express consent, the right of withdrawal is lost.
  3. For digital services (e.g. Fresh), consumers have the rights under Directive (EU) 2019/770: a conforming service, remedy of defects and, failing that, a price reduction or termination of the contract.
  4. Subscriptions can be stopped at any time from the account or by e-mail, effective at the end of the paid period. Consumers are notified before annual subscriptions renew.
  5. Complaints: [email protected], answered within 15 days. Consumers may also contact the Romanian consumer protection authority (ANPC, anpc.ro), including for alternative dispute resolution.
  6. Consumers in other EU Member States keep the mandatory protections of their own country.

20. Governing law, courts, language, changes

  1. Contracts are governed by Romanian law.
  2. Disputes with business customers, including those in other EU Member States, are settled by the competent courts of Constanța, Romania, after a 15-day attempt at amicable settlement. Consumers may also bring proceedings in the courts of their place of residence.
  3. These terms exist in Romanian, French and English. In case of discrepancy the Romanian version prevails, except for consumers, to whom the version in their language applies.
  4. We may change these terms with 30 days' notice. For ongoing subscriptions, a customer who does not agree may terminate at no cost before the change takes effect. Ongoing projects remain under the version in force when the quote was accepted.

21. Contact

CYBERBUILD SOLUTIONS S.R.L.

Primary operating market: Bucharest, Romania

Registered office: Corbu, Str. Ioan Stănei no. 42, Constanța county, Romania

CUI: 53532866

Registration number: J2026005608003

EUID: ROONRC.J2026005608003

Email: [email protected]

Phone: +40 750 492 555