Last Updated: June 12, 2025
Please read these Terms & Conditions (“Terms,” “Agreement”) carefully before engaging with Multiact Media SRL for any services. This Agreement sets forth the legally binding terms and conditions for your use of the website building services and WordPress maintenance & support services provided by Multiact Media SRL.
By engaging Multiact Media SRL, you (“Client,” “You,” “Your”) agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.
1. Parties to the Agreement
This Agreement is entered into between:
Multiact Media SRL (referred to as “Multiact Media SRL,” “We,” “Us,” “Our”), a limited liability company registered in Romania, with its registered office at Strada Soldat Ilie Mihail nr 8, sector 5, Bucuresti, Romania.
AND
The Client (referred to as “Client,” “You,” “Your”), the individual or entity engaging Multiact Media SRL for services, as identified in the respective service order or agreement.
2. Definitions
- “Website Building Services”: Refers to the creation and development of new WordPress websites as outlined in the “1 Page”, “Standard” and “Ecommerce” packages detailed on Our website.
- “Maintenance & Support Services”: Refers to the ongoing WordPress website care, including updates, backups, security monitoring, and technical support, as outlined in the “Essential”, “Growth” and “Pro” plans detailed on Our website.
- “Service Description”: Refers to the specific inclusions, exclusions, and deliverables for each Website Building Service package or Maintenance & Support Service plan as published on the Multiact Media SRL website.
- “Content”: Refers to all text, images, videos, audio, logos, and any other data provided by the Client for inclusion in the website or for use in support activities.
- “Project”: Refers specifically to a Website Building Service engagement.
- “Service Period”: Refers to the duration of the Maintenance & Support Service, typically a monthly billing cycle.
3. Scope of Services
3.1. Multiact Media SRL agrees to provide the Website Building Services or Maintenance & Support Services as selected by the Client and further defined by the Service Description published on Our website for the chosen package or plan.
3.2. Any work or services not explicitly included in the respective Service Description are considered outside the scope of this Agreement and will be quoted and billed separately.
4. Website Building Services
4.1. Project Commencement & Client Responsibilities
4.1.1. A Project will formally commence upon receipt of full payment for the chosen Website Building Service package and the Client’s complete submission of all required Content as per our Content Checklist.
4.1.2. The Client is solely responsible for providing all necessary Content (text, images, logos, videos, etc.) in the requested formats and by any specified deadlines. Multiact Media SRL is not responsible for delays caused by late or incomplete Content submission.
4.1.3. The Client warrants that all Content provided is legally owned by the Client or that the Client has obtained all necessary licenses and permissions to use such Content. The Client agrees to indemnify Multiact Media SRL against any claims arising from the Client’s Content, including but not limited to copyright or trademark infringement.
4.1.4. Revisions: The number of revision rounds included for each Website Building Service package is specified in the Service Description on Our website. Any additional revisions beyond the included rounds will be quoted and billed at Our standard hourly rate.
4.2. Payment Terms (Website Building)
4.2.1. For all predefined Website Building Service packages, 100% of the total agreed-upon fee is required upfront before the commencement of any work. This ensures dedicated project allocation and Client commitment.
4.2.2. Failure to make full upfront payment will result in a delay or cancellation of the Project commencement.
4.3. Project Delays & Abandonment
4.3.1. Client-Caused Delays: If the Project is delayed due to the Client’s failure to provide Content, feedback, or approvals in a timely manner (typically within 7 business days of request), the Project will be put on hold, and the original project timeline will no longer apply.
4.3.2. Rescheduling: After a Project has been put on hold due to Client delay, Multiact Media SRL reserves the right to reschedule the Project commencement based on Our current workload. Significant delays (e.g., exceeding 15 business days) may incur a Project restart fee, to be communicated and agreed upon before work resumes.
4.3.3. Project Abandonment: If a Project remains on hold due to Client delay for a continuous period exceeding 30 calendar days, the Project will be considered abandoned by the Client. In such cases, Multiact Media SRL reserves the right to terminate the Project, and no refund will be issued for any payments made. Any completed work remains the property of Multiact Media SRL until all outstanding fees are paid.
4.4. Intellectual Property & Ownership
4.4.1. Upon full and final payment for the Website Building Services, the Client will own the intellectual property rights to the completed website, including the design, code unique to the Client’s site, and all Client-provided Content.
4.4.2. Multiact Media SRL retains the intellectual property rights to any reusable custom code, frameworks, or development techniques that are not unique to the Client’s specific website but are part of Our general development library.
4.4.3. Licenses for premium themes and premium plugins used in the Project remain with Multiact Media SRL under Our agency/developer licenses and are not transferred to the Client. The Client will be responsible for purchasing their own licenses for ongoing updates and support if they choose to manage these directly after Project completion or if they move to a different service provider.
4.5. Project Completion & Handover
4.5.1. Upon completion of the Website Building Service and receipt of final payment, Multiact Media SRL will transfer all necessary administrative access credentials to the Client.
4.5.2. Any training or documentation regarding the use and management of the WordPress website will be provided as specified in the chosen Service Description.
5. WordPress Maintenance & Support Services
5.1. Service Commencement & Billing Cycle
5.1.1. Maintenance & Support Services commence upon receipt of the first monthly payment.
5.1.2. Services are billed on a monthly cycle. All payments are due upfront at the beginning of each Service Period.
5.2. Service Scope & Exclusions
5.2.1. The specific scope and frequency of Maintenance & Support Services (e.g., updates, backups, security, performance, support time) are detailed in the respective Service Description for each plan on Our website.
5.2.2. Explicit Exclusions: The following services are not included in any Maintenance & Support Plan and will be quoted and billed separately:
* New feature development or custom coding requests beyond minor adjustments.
* Major design changes or website redesigns.
* Fixing issues caused by the Client’s direct modifications to the website, hosting environment, or plugins/themes not managed by Multiact Media SRL.
* Resolution of issues caused by incompatible third-party plugins or services not explicitly approved or installed by Multiact Media SRL.
* SEO strategy, keyword research, or ongoing SEO optimization.
* Content creation, writing, or extensive content population (beyond minor content updates specified in higher-tier plans).
* Graphic design work (e.g., logo creation, custom banner design).
* Troubleshooting or support for issues originating from the Client’s local computer, internet connection, or email services unrelated to the website itself.
5.3. Client Responsibilities (Maintenance & Support)
5.3.1. The Client must provide Multiact Media SRL with all necessary access credentials (WordPress admin, hosting control panel, FTP, database) to perform the agreed-upon services. The Client agrees to maintain these accesses throughout the Service Period.
5.3.2. The Client agrees not to make significant changes to the website’s core files, theme, or plugins without notifying Multiact Media SRL, as this may impact service delivery or cause unforeseen issues.
5.3.3. The Client is responsible for maintaining an active and compatible hosting environment for their website. Multiact Media SRL is not responsible for downtime or issues arising from the Client’s hosting provider.
5.4. Disaster Recovery (Maintenance & Support)
5.4.1. Multiact Media SRL provides scheduled backups as part of the Maintenance & Support Plans. While we take every reasonable precaution, the Client’s hosting provider remains the primary responsible party for full site integrity and disaster recovery at the server level.
5.4.2. In the event of a website disaster, Multiact Media SRL will assist in restoring the website from the most recent available backup created under the respective Maintenance & Support Plan. Our responsibility is limited to the successful restoration from Our backups.
5.4.3. If a website disaster occurs due to the Client’s actions, malicious third-party activity not preventable by standard security measures, or issues with the hosting provider, Multiact Media SRL will provide assistance with restoration at Our standard hourly rate, which will be quoted and agreed upon with the Client beforehand.
5.5. Cancellation Policy (Maintenance & Support)
5.5.1. Either party may cancel the Maintenance & Support Services by providing a minimum of 7 calendar days’ written notice prior to the start of the next billing cycle.
5.5.2. No refunds will be issued for partial Service Periods or for services already rendered. Upon cancellation, access credentials will be returned to the Client, and Multiact Media SRL will cease providing maintenance services.
6. General Payment Terms
6.1. All invoices are due upon receipt unless otherwise specified.
6.2. Late Payments: If payment is not received within 7 calendar days of the due date, Multiact Media SRL reserves the right to suspend or terminate services without further notice. A late payment fee of 2% per month (or the maximum allowed by law, whichever is lower) may be applied to overdue balances. Reinstatement of services will require full payment of all outstanding balances and any applicable late fees.
7. Confidentiality
7.1. Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement, including but not limited to business strategies, technical details, client lists, and financial information. This obligation excludes information that is publicly known, was known prior to disclosure, or is required to be disclosed by law.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, Multiact Media SRL shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
8.2. In no event shall the aggregate liability of Multiact Media SRL exceed the total amount paid by the Client to Multiact Media SRL for the specific service from which the liability arose in the three (3) months preceding the event giving rise to the claim.
9. Indemnification
9.1. The Client agrees to defend, indemnify and hold harmless Multiact Media SRL and its employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
* a) Your use of and access to the Service;
* b) Your breach of these Terms;
* c) Content provided by You, including but not limited to claims of copyright or trademark infringement.
10. Force Majeure
10.1. Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
11. Data Protection & GDPR Compliance
11.1. Multiact Media SRL processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679. For details on how we collect, use, and protect your personal data, please refer to our separate Privacy Policy. The Client is responsible for their own GDPR compliance regarding data collected on their website.
12. Governing Law & Dispute Resolution
12.1. This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.
12.2. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be primarily resolved through good faith negotiations between the parties.
12.3. If the dispute cannot be resolved through negotiation, the parties agree to first consider mediation as a means of dispute resolution.
12.4. Failing resolution through mediation, any dispute shall be submitted to the competent courts of Bucharest, Romania.
13. Severability
13.1. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Entire Agreement
14.1. This Agreement, together with the specific Service Descriptions on Our website, constitutes the entire agreement between Multiact Media SRL and the Client regarding the services provided, and supersedes and replaces any prior agreements, oral or otherwise.
15. Amendments
15.1. Multiact Media SRL reserves the right, at Our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on Our website. Your continued use of the services after any such changes constitutes your acceptance of the new Terms.