Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at global-soft.ro and the software development services provided by GlobalSoft Development SRL ("GlobalSoft", "we", "us", "our"). By using our website or engaging our services, you agree to these Terms.

1. Parties and Definitions

• "Company" refers to GlobalSoft Development SRL, VAT RO12345678, Sibiu, Romania.
• "Client" refers to any individual or legal entity that engages GlobalSoft for services.
• "Services" refers to all software development, consulting, design, testing, deployment, and related services provided by GlobalSoft.
• "Deliverables" refers to any code, designs, documentation, or other materials produced as part of the Services.
• "Project Agreement" refers to the written proposal, statement of work, or service contract executed between the parties.

2. Website Use

The website at global-soft.ro is provided for informational purposes. You may use it subject to the following restrictions. You must not:

• Use the website in any way that violates applicable local, national, or international laws or regulations
• Transmit unsolicited commercial communications (spam)
• Attempt to gain unauthorised access to any part of the website or its underlying infrastructure
• Use automated scripts or bots to scrape, crawl, or index the website without prior written consent
• Reproduce, distribute, or create derivative works from our content without authorisation

3. Services and Project Agreements

All Services are provided under a separate written Project Agreement signed by both parties. These Terms apply in addition to, and are incorporated by reference into, any Project Agreement. In case of conflict, the Project Agreement prevails.

3.1 Proposals and Estimates

Any proposal, quote, or estimate provided by GlobalSoft is valid for 30 calendar days from the date of issue unless otherwise stated. Estimates are based on the information provided at the time; changes to scope may affect pricing and timeline.

3.2 Scope Changes

Any changes to the agreed project scope must be documented in a written change request signed by both parties. GlobalSoft reserves the right to adjust fees and timelines accordingly. We will not begin additional work until a change request is executed.

4. Payment Terms

4.1 Invoicing

Invoices are issued in EUR (or as agreed in the Project Agreement). Standard payment milestones for fixed-price projects are:

• 30% — upon project kick-off (non-refundable deposit)
• 40% — upon delivery of agreed mid-project milestone
• 30% — upon final delivery and client sign-off

For time-and-material engagements, invoices are issued monthly in arrears.

4.2 Payment Due Date

All invoices are due within 14 calendar days of the invoice date unless otherwise agreed in writing.

4.3 Late Payment

Overdue invoices accrue interest at the rate of 2% per month (or the maximum rate permitted by law, whichever is lower) from the due date until payment is received. GlobalSoft reserves the right to suspend delivery of Services on invoices overdue by more than 30 days.

4.4 Taxes

All fees are exclusive of VAT (TVA). Applicable VAT will be added to invoices in accordance with Romanian and EU VAT rules. Clients established in other EU member states with a valid VAT number may benefit from the reverse-charge mechanism.

5. Intellectual Property

5.1 Client Ownership of Deliverables

Upon receipt of full payment for a project, GlobalSoft assigns to the Client all intellectual property rights (including copyright and related rights) in the custom Deliverables created specifically for that project. This assignment is worldwide, perpetual, and irrevocable.

5.2 GlobalSoft Retained Rights

GlobalSoft retains ownership of:

• Pre-existing intellectual property, tools, libraries, and frameworks used in the Deliverables
• General knowledge, skills, and methodologies developed during the project
• Open-source components (subject to their respective licences)

GlobalSoft grants the Client a perpetual, royalty-free licence to use any retained GlobalSoft IP that is embedded in the Deliverables.

5.3 Website Content

All content on global-soft.ro — including text, graphics, logos, and code — is the property of GlobalSoft Development SRL and is protected by copyright law. Reproduction without written permission is prohibited.

5.4 Portfolio Rights

Unless the Client requests confidentiality in writing prior to project commencement, GlobalSoft reserves the right to reference the Client's name and a brief project description in its portfolio and marketing materials.

6. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. Confidentiality obligations survive termination of the engagement for a period of 3 years. Exceptions apply for information that is publicly available, independently developed, or required to be disclosed by law.

7. Warranties and Representations

7.1 GlobalSoft Warranties

GlobalSoft warrants that:

• Services will be performed with reasonable skill and care by qualified personnel
• Deliverables will materially conform to the specifications in the Project Agreement
• We have the right to grant the IP assignment described in Section 5

7.2 Warranty Period

GlobalSoft provides a 90-day warranty on Deliverables from the date of final delivery. During this period, we will fix defects (bugs that cause Deliverables to deviate from agreed specifications) at no additional charge. This warranty does not cover issues arising from Client modifications, third-party integrations, or changes in the Client's environment.

7.3 Website Disclaimer

The website is provided "as is" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• GlobalSoft's total liability arising out of or related to any Project Agreement shall not exceed the total fees paid by the Client under that agreement in the 12 months preceding the claim.
• GlobalSoft shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Nothing in these Terms limits liability for fraud, wilful misconduct, death, or personal injury caused by negligence.

9. Client Responsibilities

The Client agrees to:

• Provide timely access to necessary systems, credentials, and personnel
• Review and provide feedback on Deliverables within the timeframes agreed in the Project Agreement
• Ensure that all content, data, and materials provided to GlobalSoft do not infringe any third-party rights
• Comply with all applicable laws in relation to their use of the Deliverables

10. Termination

10.1 Termination for Convenience

Either party may terminate a Project Agreement for convenience with 30 days' written notice. The Client shall pay for all work completed up to the termination date at the agreed rates. The 30% kick-off deposit is non-refundable.

10.2 Termination for Cause

Either party may terminate immediately if the other party: (a) materially breaches these Terms and fails to cure within 14 days of written notice; (b) becomes insolvent or enters administration or liquidation; or (c) commits fraud or wilful misconduct.

10.3 Effect of Termination

Upon termination, the Client shall pay all outstanding fees for work performed. Sections 5 (IP), 6 (Confidentiality), 8 (Limitation of Liability), and 11–15 survive termination.

11. Force Majeure

Neither party shall be liable for failure to perform obligations due to causes beyond their reasonable control, including but not limited to natural disasters, war, government actions, internet outages, or pandemic-related disruptions. The affected party must notify the other within 5 business days and resume performance as soon as practicable.

12. Subcontracting

GlobalSoft may engage subcontractors or freelancers to assist in delivering the Services. GlobalSoft remains responsible for the work of all subcontractors and will ensure they are bound by confidentiality obligations no less stringent than those in these Terms.

13. Dispute Resolution

The parties shall attempt to resolve any dispute amicably through good-faith negotiation for at least 30 days before initiating legal proceedings. If negotiation fails, disputes shall be submitted to mediation before the Sibiu Chamber of Commerce Mediation Centre.

Consumers and micro-enterprises in the EU may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14. Governing Law and Jurisdiction

These Terms and any Project Agreement are governed by and construed in accordance with the laws of Romania. Any disputes that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of Sibiu, Romania.

15. General Provisions

• Entire Agreement: These Terms (together with any Project Agreement) constitute the entire agreement between the parties and supersede all prior discussions and agreements.
• Amendments: We may update these Terms from time to time. Changes will be posted on this page with an updated date. Continued use of our website constitutes acceptance.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.
• Notices: Legal notices must be sent by email to office@global-soft.ro or by registered mail to the address above, and are effective upon confirmed receipt.
• Assignment: The Client may not assign rights or obligations under any Project Agreement without GlobalSoft's prior written consent. GlobalSoft may assign as part of a business merger or acquisition.

16. Contact

For questions about these Terms, please contact:

These Terms were last reviewed and updated on 1 March 2025.