Terms and Conditions

In using this website, superwpheroes.io, you are deemed to have read, understood and agreed to the following Terms and Conditions. They take effect in the moment you register as a client on our website, request to have a client account created for you, place an order, subscribe to a service, or request a quote, case in which a client account will be created for you and you will be known forth and have the role of “Client”. You may visit our website, superwpheroes.io, freely and anonymously, without having to register as a client on our website, request to have a client account created for you, place an order, subscribe to a recurring service, or request a quote and thus not have to agree to these Terms and Conditions, except for the sections referring to our Cookie Policy, Freebies, Email List Opt-In and Privacy Policy. Buying Services from Us will require a signed copy of these Terms and Conditions, while buying Products, does not.

TERMINOLOGY

The following terminology applies to these Terms and Conditions, Privacy Policy and any or all Agreements, referring to the Parties engaged:

  • “Client”, “You” and/or “Your” refers to you, the person (acting as and representing your Company / Business if applies) accessing and/or using this website and/or creating a Client account and/or placing an order and/or requesting an estimate/quote/information, and accepting the Company’s Terms and Conditions, identified by the details with which you shall register on this website, superwpheroes.io, if not, anonymous.
  • “Company”, “Ourselves”, “We” and/or “Us”, refers to our Company, registered under the Business name: S.C. WP HEROES S.R.L., with the declared business address of Str. Simeria N.r 4, Bl. 11, Sc. C, Ap. 16, Brasov, RO, 500251, registered at the Romanian Room of Commerce under No. J8/472/02.03.2016 and having the V.A.T. No. RO35744674.
  • “Team Members” and/or “Team Member” refers to the Company’s employees, affiliates, contractors or partners involved in providing the Work.
  • “Party”, “Parties”, and/or “We”, refers to both the Client (You) and Ourselves (We), or either the Client (You) or Ourselves (Us) or other entities affiliated to You or Us.
  • “Services” and/or “Service” refers to the actions undertaken by the Company in order to provide the Client with the solutions stated on our website (superwpheroes.io) upon Client request and our approval for undertaking the necessary actions in order to provide the Service. Services include, and are not limited to: custom website development services, custom software development services, website maintenance services, website hosting services, website activities, enagement and support, other web-related activities commisionable by You, etc. in accordance with Our company incorporation status. Services are or may be subject to a Cost
  • “Products” and/or “Product” refers to a digital, downloadable good that the Company sells through its website, superwpheroes.io and are or may be subject to a Cost and/or License
  • “Licenses” and/or “License” refers to the grant of use of a certain Service or Product offered by the Company, for a certain period of time, and are or may be subject to a Cost. The physical form of a License may be a token composed of alphanumeric characters, which may require activation, on and for the website it is being used.
  • “Freebi” and/or “Freebies” refers to content, Services or Products that we offer free of charge (zero USD) and are not subject to a Cost but may be subject to a License

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:

  • Contract a signed copy of these Terms and Conditions
  • Quote Request defines the request to evaluate the cost and time to provide a Service, sent by the Client to the Company.Orders act as annex to the framework agreement.
  • Order(s) is the action undertook by the Client which let’s the Company know it must provide a Service or Product to the Client. Orders act as annex to the framework agreement.
  • Work defines the result of the Services provided by the Company for the Client, as defined in this website’s literature or mutually agreed by the Client and the Company by any Agreements other than these Terms and Conditions.
  • Hourly Work refers to a method of working in which the Client requires Us to track the number of Hours spent performing Work, as part of our Service.
  • Workload(s) defines the amount of Hours per day, per week or per month the Company agrees to perform Work for the Client, according to the Client’s selected Plan or by mutual agreement.
  • Hour(s)  is the unit for measure of Work. Hours reflect actual time in which Work is performed, which are counted with the aid of any time tracking software mutually agreed between the Client and Us or provided by Us. Hours are counted in relation and per Task.
  • Hourly Rate(s) represents the amount of money to be charged by the Company for the Work performed within an Hour, amount which may vary in accordance with the Client’s selected Plan.
  • Overtime Hour(s) represents Hours worked by the Company outside the Work Schedule upon Client request. The Company reserves the right to deny such a Client request.
  • Overtime Hourly Rate represents the money equivalent of a worked Overtime Hour and is equivalent to double the selected Plan’s Hourly Rate money equivalent.
  • Fixed Price Project(s) represents Work for which the Client is to be charged based on the negotiated, or renegotiated at a point in time, amount that the Company agreed to be paid for a specific, negotiated, or renegotiated at a point in time, stand alone Project as part of the or Work process.
  • Cost(s) represent  any amount of money a Client needs to pay the Company.
  • Project Cost(s) represent costs associated to a Project
  • Plan Related Project Cost(s)represents a sum equivalent to the number of Hours Worked on a Project multiplied by the Hourly Rate for that given Client, which is calculated and evolves for as long as Hourly Work is being performed on that Project and in direct proportion to the selected Plan’s Hourly Rate
  • Fixed Price Project Cost(s) represents the full cost of a given Project, determined by a price quotation provided by the Company, upon the request of the Client.
  • Plan(s) represents a pre-determined Work scenario, in which the Company provides the Client with preferential Work options, Availability and Hourly Rate, and in return, the Client agrees to pay for at least a minimum amount of Hours on a recurring basis, in order to maintain a minimum Workload specific to the selected Plan, regardless of the fact that the Client may or may not requires actual Work to be performed during the recurring intervals.
  • Project(s) represent a way to group Work as the scope of the Service. A Project consists of the sum of Milestones and/or Sprints and/or Tasks the Client assigns the Company to carry out (to Work on) in order to fulfill the Client’s requests (Work) or general scope of Service.
  • Milestones(s) is a group of Sprints and/or Tasks, assigned to a specific Project which are due to be completed before a pre-determined date, agreed by the Company and the Client. Milestones are assigned to Projects. Dividing Projects into Milestones is not mandatory.
  • Sprints(s) is a group of Tasks, assigned to a specific Project and/or Milestones which are due to be completed before a pre-determined date, agreed by the Company and the Client. Sprints are assigned to Milestones and/or Projects. Dividing Projects or Milestones into Sprints is not mandatory.
  • Tasks(s) is a specific instruction given by the Client to the Company in order to execute Work, complete a Project and fulfill the scope of Service. Tasks are assigned to Sprints and/or Milestones and/or Projects.
  • Project Requirements represent assets that the Client must provide to the Company prior to Project start. These may be, but not limited to: images, logos, fonts, content, server access, etc.
  • Project Completion occurs after all the Tasks and/or Sprints and/or Milestones have been fulfilled by the Company as part of the Work process and scope of Service and the Client requires no more new Tasks to be completed.
  • Project Cancellation occurs when the Client no longer requires the Company to perform Work for a given Project. Minimum 24 hours notice before Project Cancellation required. Notification for instance, in person, via email, phone, mobile phone ‘text message’ and/or fax, or any other means will be accepted. We reserve the right to levy a 35 USD charge to cover any subsequent administrative expenses, bank or payment processor or gateways fees, which may include Refunds.
  • Contract Termination occurs when the Client decides to no longer require Services to be performed the Company at all, on any given Project and the Client to stop having any commercial relationships with the Company. Any left unpaid invoices or pre-paid Account Funds are subject to Payment and/or Refund where/if applies.
  • Work Schedule is the interval of time in a day the Company is active and available to perform Work or ensure Work Availability and Support Availability. That interval is Monday to Friday, 10:00 AM – 18:00 PM GMT + 3, Bucharest Time.
  • Work Availability represents the number of Hours per day, during the Work Schedule, the Company guarantees the Client that the Company will be available to perform Work, and execute that Work if provided by the Client, in accordance to the Plan the Client selected to be charged by.
  • Support Availability represents the time interval during the Work Schedule, in which the Company or its Team Members guarantee it’s availability to answer any existing or potential (website visitor, referral or entity who requests Services and/or Products from the Company) Client enquiries. Communications Availability is not to be exploited by the existing Client in order to pass on Tasks for the Company. Tasks are to be passed using the agreed Project Management Tool. General and miscellaneous communication is to be done by email, phone or chat client (Skype, Yahoo Messenger, etc) but Communication will not translate into a Task unless it’s content is priorly noted in the Project Management Tool by the Client. The Company is not responsible for any instructions of any kind passed by email, phone or chat, that did not get executed while performing Work if that specific instruction was not properly recorded in the Project Management Tool by the Client, with the title of Task. It is the sole responsibility of the Client to pass on valid and functional Tasks to the Company using the Project Management Tool and not mistake them for Communications. The Company may however reserve the freedom to translate the Communications into Tasks on behalf of the Client, but it does not hold responsibility for any miscommunication or misunderstanding resulting from such action, in which case the Client must confirm that the data the Company added to the Project Management Tool is accurate.
  • Work Tracking & Reports defines the process by which the Company tracks the performed Work in order to prove the progress and actual Work being performed to the Client.
  • Project Management Tool represents any project management software mutually agreed between the Client and the Company. The Company, however, reserves the right to choose a project management system by it self, be it it’s own, created by the Company, or a 3rd party one.
  • Work Tracking Tool represents any time and/or desktop screenshot tracking software mutually agreed between the Client and the Company. This software may be stand alone or may be integrated into the Project Management Tool.
  • Days Off are certain days in which the Romanian Law either forces or allows the Company and/or it’s Team Members to not perform Work and not guarantee Work Availability or Support Availability.
  • Payment Schedule is the recurring interval of time in which the Client is required to load it’s Account Balance or pay outstanding Invoices. This interval is one (1) calendar week, on every Monday of the calendar week. The Payment Schedule is therefore weekly, if not mutually agreed otherwise between the Client and the Company or stated below in this Terms and Conditions document.
  • Payment(s) represents the action taken by the Client in order to compensate the Company in the form of money for the executed Work in the scope of providing the Service(s) or Product(s).
  • Invoice(s) represents the legal tax document issued by the Company for the Client before or after a payment has been made by the Client and in reference to that payment.
  • Confirmation of Service represents a document associated to an Invoice which the Client signs, thus showing approval for the charged amount stated on the invoice, the Payment, in reference to the Work associated to that Invoice and executed by the Company.
  • Minimum Weekly Payment(s) represents the minimum amount of money a Client is required to pay at one time, for the Work executed by the Company and associated to a Plan.
  • Maximum Weekly Payment(s) represents the minimum amount of money a Client is required to pay at one time, for the Work executed by the Company and associated to a Plan.
  • Account Balance is the virtual wallet of the Client; a section of the Client Dashboard on our website, superwpheroes.io, where the Client can see its money equivalent that has not yet been deducted for Work executed by the Client
  • Client Dashboard is a section in our website, under the “My Account” page, superwpheroes.io, where the Client can login after receiving the necessary credentials from the Company and view or edit its Client details, view or load its Account Balance, view and print its invoices and also access all the other freely available website functions.
  • Deadline represents the mutually agreed calendar date up until which a Project must be completed.
  • Deliverables represent the results of a provided Service – in a virtual form (i.e. code, designs) or non-virtual form (i.e. actions), mutually agreed between You and the Company – or a Product.
  • White Label Services a method of providing our Services in which We Work for You as part of your integrated team and under Your identity, not requesting any accreditation visible on the end result Deliverable and not letting our presence disclosed to Your customers, unless otherwise mutually agreed upon.
  • Agency Client is a Client with similar scope and purpose in its incorporation as our own and provides similar or identical Services to its customers as we do, and which requests our White Label Services.
  • Agency Hourly Rate is a special discounted Hourly Rate offered to Agency Clients, in order for them to be able to top-up the price and not compete with them on the same market.

The following terminology applies to the words and concepts that define our Affiliate Program:

  • Affiliate is a registered user on this website that is granted (upon request or appplication) the role of Affiliate. Affiliates promote our Services and Products online or offline, in exchange for an Affiliate Commission
  • Affiliate Commision represent sums of Money owned and paid by Us to an Affiliate, which are represented by percentages of the Costs of Services and/or Product sold on our website through an Affiliate Link
  • Affiliate Comision Contract is a documant all Affiliates must sign before starting to promote Us and before any Affiliate Commission is released to the Affiliate and which regulates the activity of the Affiliate.

CONDITIONS

Objective

The Company agrees to provide Services and/or Products, as they are described on this website, superwpheroes.io, for the Client as per the Client’s requirements and according to the needs of the Client, mutually agreed with Us. The result of the Services and/or Products bought by You will be in the form of Deliverables.

The Services provided are generally described as follows and can be in a fixed form provided by Us, or mutually agreed and can come with different pricing models, described further down in these Terms and Conditions and on our website:

  • Custom web design services (as Work)
  • Custom web development services (as Work)
  • Custom mobile application development services (as Work)
  • Website maintenance services (as Work)
  • Product development and support services (as Work)
  • Customer support services (as Work)
  • Website Hosting

Engagements of the Company

The Company agrees to provide the Client with the following:

  • provide Work as part of Services present on the website superwpheroes.io at any given time, in accordance with the scope of Work and declared actions stated on the website’s literature.
  • provide clean, valid, working code
  • adhere to agreed deadlines
  • send Deliverables in working order
  • offer support for issued Deliverables and provide reasonable help for the Client in using the resulted Deliverables, by email or the Project Management Tool
  • keep open communication with the Client by email or the Project Management Tool

Engagements of the Client – exclusively in the case of commissioning Services (NOT applicable to Products)

The Client agrees to provide the Company with the following:

  • all information needed to carry out Work and scope of the commissioned Services
  • all access to third party services needed to carry out Work
  • detailed and clear instructions (Tasks) passed on using email or the Project Management Tool.
  • adhere to agreed payment schedules
  • keep open communication with the Us

Time extent

From the moment You have a registered client account on our website, superwpheroes.io, this Contract is valid for a period of 12 months from it’s signing date (in the case of Services) and acceptance date (in case of Producst). Failure to communicate changes or a termination notice by any or the parties by email after its expiration date automatically extends the Contract for an undefined period of time, until such notice is provided.

Quote Requests

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.

Executing Work

The Company will consider certain aspects when executing Work:

  • maintain a high lever of professionalism
  • inform the Client of the progress of Work on a regular basis via the Project Management Tool
  • test it’s own Work and fix or improve functionality
  • comply with the Client’s demands and standards in execution of Work
  • not outsource Work to any other third parties in foreign countries, and only use providers or employees local to Romania to help out in executing the Work

Hourly Rates, Currencies, Plans, Fixed Price Projects and Costs

The Company’s standard Hourly Rate is 79 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.

  • Plans:
    • FLEXIBLE – for an unpredictable amount of Hours to be Worked, on an “as-needed” basis.
      • Hourly Rate: 79 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.
    • PART TIME – for a predictable amount of Work , on an “on-going” basis.
      • 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
    • FULL-TIME – for a predictable amount of Work , on an “on-going” basis.
      • 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
  • Fixed Price Projects Prices
    • 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 79 USD / Hour, depending on the Projects scope, type and complexity.

Work Tracking Tool

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

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:

  • www.asana.com
  • www.trello.com
  • www.jira.com
  • www.slack.com
  • etc.

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)

Approving the Work

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 inappropriate Work and Hours records as not billable in favor 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.

Payment Agreement

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:

  • FLEXIBLE, PART-TIME and FULL-TIME PLANS
    • 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.
  • Fixed Price Projects
    • 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 resulting 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 money 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 bookkeeping, accounting or wherever you need them, in digital format.

Digital Signature

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. As a legal requirement here, we are obligated to supply our Clients with signed Contracts and documents, if we are providing Services, which must be signed back by You. This is not needed in the case of Products.

These documents include:

  • Contract – is a copy of these Terms and Conditions, which need to be signed in order for us to be able to provide you with Services, as they appear on Our website, at the moment you sign it. This does not have to be signed in the case of buying Products on our website.
  • Contract Amendments – any document(s) extending the Contract with new Terms and Conditions or clauses We mutually agree too. These also cover Contract Termination.
  • Proposals – any document(s) extending the Contract with additional and clearly defined Service and/or Product associated with a Cost that is accepted by You by signing it, thus turning it into a requested (by You) Service and/or Product, subject to payment, by you and Work, by Us.
  • Confirmations of Service – are documents that attest that we have provided the Work as part of the Services provided (in part, or, respectively, in full) and for which you did a Payment (in part, or, respectively, in full).
  • Orders – a) if, when making a payment for Services on our website You do not already have a signed Contract, the option to have it signed while performing a payment may be presented to you. If not, you will be requested, and agree to, sign this Contract as soon as possible and no later than 10 days. or b) if such required for a special Service and/or Product bought by You on our website.

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.

Work Accreditation

The Client can allow the Company to post a discrete link or credit notice at the bottom of the resulted Deliverable (where applicable ) 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:

powered by swph logo

Work Accreditation is not required in the case where the Company provides White Label Work to an Agency Client.

White Label Work

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 Agency Hourly Rate for White Label Services is 59 USD / Hour. This rate is applicable only for Agency Clients who have opted for the Agency Client Retainer Plan, which is 100 USD / month. If not, the Company’s standard Hourly Rate applies instead. If you are to hire a Team Member for a FULL-TIME or PART-TIME plan, the same Costs and conditions apply as usual, for those plans. Products on our website are not subject to discounts for Agency Clients as part of special pricing, except if otherwise mutually agreed.

Affiliates

The Company can operate Affiliate programs for registered users (Clients, but not limited) and provide an affiliate dashboard and tools under the My Account section of Our website. To qualify as an Affiliate, you must Contact Us first. After evaluating your business model, we will grant or deny your Affiliate status with us.

  • Affiliate commission values, amounts and applicable Services and/or Products eligible for the program will be listed under your My Account area on our website.
  • All Affiliates will be required to sign an Affiliate Comision Contract provided by us, before any Affiliate Comission is released. This contract will also regulate the Affiliate’s activity (do’s and don’ts) in promoting our Services and/or Products.
  • Affiliate Comisions will be released on a monthly basis, while the minimal withdrawal amount being 100 USD.

Work Availability and Support Availability

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:

  • Plans
    • FLEXIBLE
      • 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
    • PART-TIME
      • Work Availability: equals the Plan’s specific Workload in terms of Hours / day.
      • Comunications Availability: during the Company’s Work Schedule except Days Off
    • FULL-TIME (Plan)
      • Work Availability: 8 hours per day.
      • Comunications Availability: during the Company’s Work Schedule except Days Off
  • Fixed Price Projects
      • 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

Team Member Assignment

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.

Work Schedule

The Company’s Work Schedule is 10:00AM – 18:00PM, Monday to Friday, GMT+3, Bucharest Time, except Days Off.

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.

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.

View Calendar.

If Days Off happen to be changed from their declared calendar dates, the change will be made known to the Client.

Privacy Statement

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.

Mutual Respect of Business

Neither of the Client nor the Company shall engage, under no circumstances, in activities that might affect the other Party, such as, but not limited to:

  • deliberate selling or giving away of private information without the prior given consent or of the other Party involved
  • approaching Team Members or employees, contractors and/or affiliates, either by You or any other designated entity to do so, be it another company or a phisical person, affiliates, etc., in order to hire them directly. You may ask for a Team Meber buy-out at the equivalent Cost of 52 weeks times the Full-Time Plan Cost, or 52 * 1,960 USD / Week, which is 101,920 USD, and after having this Cost paid towards Us, You may engange in any commercial activity with the respectiv Team Member directly. We may or may not grant this request, depending on our current situation at that time (ex.: We may have other engagements that request the presence and Work of that particular Team Member and can not let him go for a time being)
  • reaching out to ones Party clientele in order to promote or sell products or services without the knowledge and approval of the other Party involved
  • deliberate hacking, sabotaging, spreading malware or viruses on the other Party’s digital infrastructure

If such activity is discovered, the Party affected is entitled tho request reparations in the Court Of Law.

Confidentiality

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.

Disclaimer, Exclusions and Limitations

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

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:

  • Remember what is in your shopping cart
  • Remember where you are in the order process
  • Remember that you are logged in and that your session is secure.  You need to be logged in to complete an order.

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:

  • Track the pages you visits via Google Analytics

Targeting Cookies

This Website Will:

  • Allow you to share pages with social networks such as Facebook, Twitter, etc.

This website will not

  • Share any personal information with third parties.

Links to this website

You may create a link to any page of this website without our prior written consent.

Links from this website

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 Notice

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.

Communication

All communication will be made through the designated software available at superwpheroes.io or at any of the following email addresses:

  • support@superwpheroes.io

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.

Force Majeure

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.

Waiver

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.

General

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.

Termination of the Contract and Refunds Policy

Both the Client and Ourselves have the right to terminate this Contract , or any other Agreement, together with their Annexes, for any reason, including the ending of Services that are already underway. This Contract 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:

  • if after Project Completion, there is money left in Your Account Balance, but only  for the Project in cause and if there are no other active Projects, You are free to solicit a refund on the remaining hours. The Company will honor the refund via Bank Transfer, PayPal or any other available payment processor, minus transfer fees if applicable.
  • if the Company fails to deliver the mutually agreed quality of Work, based on Your Project / Task specifications, You are free to solicit a full refund for the money you have deposited in your Account Balance for the Project in cause.
  • if, for a Fixed Price Project, You are not happy with the quality of Work, or Work has not been completed as mutually agreed, at the end of a Milestone associated to that project, You are welcomed to as to be refunded for that Milestone, or you may allow us to continue Work subject to mutually agreed agreed penalties or discounts.

Refunds are NOT issued in any of the following situations:

  • if You have given you acceptance over a delivered Service / Project / Milestone / Task / Deliverable, for which Work has been performed, created or delivered based on Your specifications , in any of it’s stages, and after that you decide it is not what You needed, or you have miss instructed the Company along the progress of the creation, fulfillment or delivery of the Service / Project / Milestone / Task / Deliverable.
  • if You decide you want to quit the Project for any kind of personal or business related reason. In this case the Company will consider the Project closed and you will only be refunded the remaining money in your Account Balance, provided all Costs are covered for your account with Us.

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.

Amendments

Applicable for Services: In the case that these Terms and Conditions suffer changes after the date Your client account has been created and you have given your signed consent upon these Terms and Conditions in commissioning our Services, You shall be notified to re-give your consent (sign the updated version), 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 Electronically Signed documents to extend or terminate the signed version of these Terms and Conditions.

Applicable for Products: these Terms and Conditions may suffer any changes at any given time without obligating us to provide any prior notice in any shape or form, since you have not provided your Digital Signature over them in order to turn them into a printable Contract.

Legal succession

Legal successors, both of the Client and the Developer, will be entitled to rights and obligations coming forth from this Contract.

Applicable law

Any aspects not covered by this Contract / Terms and Conditions will be governed by the laws of Romania.

If we decide to change our Terms and Conditions, we will post those changes on this page. This page was last edited on 2023-12-01.