Terms and Conditions Uptivate

1. Acceptance of Terms and Conditions:

By browsing our website, registering on the site, or placing an order, you agree to the Terms and Conditions described below. This document constitutes a legal contract between you and Uptivate SRL.

We encourage you to also read the Privacy Policy before browsing, registering on the site, or placing an order. If you do not agree with these Terms or the Privacy Policy, please do not use our website.

We reserve the right to modify these Terms at any time and without prior notice. Your order will be subject to the terms in effect at the time of placing it. By accessing our website, you will find the most recent version of the Terms and Conditions.

For questions or clarifications, you can contact us at odi@uptivate.ro and we will respond as soon as possible. By accessing www.uptivate.ro, you expressly and unequivocally accept the Terms and Conditions of the website.

The website www.uptivate.ro and all domains, subdomains, and related applications are the direct property of Uptivate SRL, with its registered office in Cluj-Napoca, Soporului Street, no. 8D, building B1, apartment 195, Cluj County, registered at the Cluj Trade Registry under no. J12/1274/2021, tax identification number 43905844.

By using this website, including all materials and online services offered by Uptivate, you agree to the Terms and Conditions of use without modifications and acknowledge that you have read them.

If you do not wish to comply with these terms, please do not use the information or services available on this website.

2. Website and Services Overview:

Through the website www.uptivate.ro, Uptivate presents and provides you with services specific to operational business consulting, including Creation and Optimization of Operational Processes, Operational Audit, Establishment of Business and Management Procedures, Business Scaling Services, Artificial Intelligence and Business Automation Services, and Business Strategy Consulting.

By accessing the website, you have the opportunity to learn about the composition of the services offered, to contact the Company to request quotes, or to order online services on a recurring basis.

Uptivate may publish on the Platform information about Services, promotions offered by it or by any third party with which Uptivate has partnership agreements, within the limits of availability.

Services offered as part of promotions or campaigns are subject to the specific terms and conditions of the respective campaign or promotion, and details about them are available on the website.

Any promotions presented on the Platform are valid for the stated duration and are subject to these Terms and Conditions.

For any errors in data entry or questions, the Company provides an email address in the “Contact” section of the Platform. Communication with the Company is recommended to be made through the addresses mentioned in the “Contact” section of the Platform.

3. Website Terms of Use:

The use of the Uptivate Platform for placing an Order, requesting a quote, or viewing information is permitted to any User who acts with a legitimate purpose and intends to purchase one or more Services presented on the Platform, in compliance with these terms and conditions.

Abusive use of the Platform is strictly prohibited, meaning any use that contravenes fair commercial practices, applicable legislation, or that could harm Uptivate or its affiliates.

Uptivate reserves the right to refuse access or to restrict the processing and/or delivery of Orders in case of abusive, fraudulent, or harmful behavior by Users.

The Company does not guarantee uninterrupted use of the website and is not responsible for any errors, defects, viruses, or other technical problems. Users do not have the right to intervene in the operation of the website or to perform any action on the Platform’s computer equipment.

4. Accessing Services:

4.1. Services with Immediate Execution

4.1.1. To benefit from services that involve immediate execution, such as Creation and Optimization of Operational Processes, Operational Audit, Establishment of Business and Management Procedures, Business Scaling Services, Artificial Intelligence and Business Automation Services, you have the option of requesting a quote from Uptivate.

4.1.2. In order to request a quote, in the dedicated section on the website for the services mentioned in paragraph 4.1.1. or in the header of the main page of the website, in the Contact section, you have at your disposal a contact form that you can fill in, selecting the type of service(s) of interest, and completing all the data requested in the generated form, for the purpose of being contacted by Uptivate. Additionally, to request a quote and any other information, you can contact the Company at the details mentioned in the contact section on the website.

4.1.3. By submitting a quote request, you expressly consent to the processing of the data provided for the purpose of being contacted by the Company, both by phone and by email.

4.1.4. Following the submission of a quote request, the User will be contacted by Uptivate to identify consulting needs, present a price offer, and negotiate the details of a potential contractual relationship.

4.2. Services with Successive Execution

4.2.1 Services with successive execution, the packages: UpStart, Elevate, and PrimeUp, which include services such as Business Strategy Consulting, Business Evolution Assessment, and Operational Audit, are available as subscriptions and can be ordered online by placing an order on the website, from the sections dedicated to presenting these types of services.

4.2.1.1 Structure of Consulting Services

Consulting services provided by Uptivate include both direct consulting sessions (conducted online or in another agreed format) and activities carried out independently by the consultant outside of these sessions.

These activities include, but are not limited to:

  • analysis of information provided by the client;
  • evaluation of the client’s processes, structures, and operational context;
  • preparation of consulting sessions;
  • formulation of strategic recommendations;
  • contextual analysis and professional reflection;
  • written communication with the client (email, messages, feedback);
  • internal documentation and structuring of relevant information.

The client understands and accepts that consulting services are not limited exclusively to the duration of direct sessions and include the full professional process required to provide expertise and recommendations.

4.2.1.2 Nature of the Subscription

Uptivate subscriptions provide access to professional expertise, strategic support, and analytical capacity throughout the contractual period.

The subscription does not represent exclusively a package of consulting hours, but includes both direct sessions and independent activities carried out by the consultant, necessary for analysis, preparation, evaluation, and formulation of recommendations.

The value of the services reflects the expertise, experience, and professional process involved, not exclusively the duration of direct interactions.

4.2.2 The User may place Orders through the Platform, exclusively by prior registration of an Account, by selecting and adding the desired service package to the shopping cart.

4.2.3 The User will register an Account in the dedicated section of the Platform. By registering an Account, the User will manage more efficiently the Orders placed on the Platform, having the ability to view in the Account information about previous Orders, tax invoices, etc. Account registration can be done by providing an email address and a corresponding password or by logging in with various types of social networks (including, but not limited to Facebook, LinkedIn, Google, etc.). Uptivate reserves the right to validate Orders before fulfilling them by contacting Clients by phone or email, and Clients expressly declare that they accept this right of the Company.

4.2.4. Adding a Service to the shopping cart, without completing the Order, does not result in the registration of an Order.

4.2.5. By completing the Order, the User confirms that all data provided is correct, complete, and true at the date of placing the Order. By placing an Order, the User explicitly acknowledges that the respective Order implies a firm obligation to pay the indicated “total amount due”.

4.2.6. All orders shall be paid in advance for the time period selected at the time of placing the order. By placing the order, the User agrees to the automatic renewal of the subscription and to the recurring processing of subscription payments.

4.2.7. The Order and subscription are paid on the basis of a subscription through the Stripe payment processor. Recurring payments are automatically processed from the User’s card, in advance, at the beginning of the service period. The User expresses consent in this regard when placing the first order and activating the subscription.

4.2.8. The Order shall be considered completed upon full payment by the User of the price of the Products in the Order, through one of the payment methods accepted by the Provider for each type of service, as expressly indicated on the Platform and which can be consulted by the User at the latest at the beginning of the Order formulation process.

4.2.9. In the event that payment for the subscription is not confirmed, Uptivate reserves the right to suspend services to the User until the subscription is reactivated and the subscription payment is confirmed by the payment processor.

4.2.10. The Order is accepted and the Contract is considered concluded between the Provider and the User at the time the User receives from the Provider, via email and/or SMS, notification of the successful payment of the Services.

4.2.11. By creating an Account and, as the case may be, completing the Order, the User consents that the Provider may contact them by any available means, including automated calling systems without human intervention, fax, or email, in any situation where it is necessary to contact the User for the execution of the Contract. The Contract includes both these terms and conditions and any subsequent agreements between the User and the Provider regarding an Order.

4.2.12. The Provider may cancel the Order placed by the User, with simultaneous or subsequent notification to the User, and without such cancellation incurring any liability of Uptivate towards the User, in the following cases:

  • non-acceptance of the Transaction by the issuing bank of the User’s card, in the case of online payment;
  • invalidation of the Transaction by the card processor approved by Uptivate, in the case of online payment;
  • the data provided by the User when accessing the Platform is incomplete or incorrect;
  • the Provider reasonably considers that by accessing the Platform and placing the Order 
  • the User pursues an unlawful purpose or may cause any kind of damage to Uptivate or its affiliates;
  • any of the terms and conditions in this document have not been fully complied with.

4.2.13. The User has the possibility to manage their subscription from their client account and can cancel it at any time, without affecting payments already made in advance. A payment made is not refunded even if the User cancels the subscription before the expiration of the covered period.

5. Prices / Invoices / Payments:

The prices of Services with successive execution displayed on the Platform are expressed in Euros and are exclusive of VAT. The applicable prices for Services are calculated and invoiced in RON, based on the official BNR exchange rate on the day the order is placed +2%.

The price of the Services is established in the form of a subscription (monthly, quarterly, semi-annual, or annual), which is automatically renewed for the same period of time until the User exercises their right to cancel the subscription. Additionally, the User has the option of paying the subscription in advance, in which case they may negotiate a discount from Uptivate.

Uptivate may update the prices of the Services at any time, and such an update will replace any previously displayed prices for the respective Services. However, for Users who have an active subscription, such a price change will not affect the period for which an advance payment has already been made.

The Provider will issue the User an invoice for the Services delivered, and the User is obligated to provide all necessary information in accordance with applicable legislation for the Provider to issue the invoice. The tax invoice will be issued by the Provider within a maximum of 48 hours from the confirmation of the transaction by the payment processor. The tax invoice will be transmitted in electronic format to the email address provided by the User at the time of placing the order.

The User will pay for the ordered services in advance for the time period selected at the time of placing the order, through the Stripe payment processor.

If the subscription is not cancelled before the expiration of the invoiced period, the User expressly declares that they agree to recurring payment, for which purpose they expressly authorize Uptivate to automatically charge the subscription price directly from the card used for the first order. The recurring payment will be processed on the expiration date of the previously invoiced time period and will be made in advance for the same initially selected time period.

In the case of online payments, the Provider is not and cannot be held responsible for any additional costs incurred by the User beyond the price of the purchased Service, including, but not limited to, transfer or currency conversion fees applied by the issuing bank of the User’s card, in case the card’s issuance currency differs from the currency in which the sale is made.

The Provider is not responsible for erroneous processing of payment or for errors recorded through the payment system, including, but not limited to, losses that the User may experience using the card payment system.

6. User’s Right of Withdrawal and Subscription Cancellation:

www.uptivate.ro is a services website, existing on the site at the time you enroll, and according to art. 16 letter a) of GEO 34/2014, as amended, service contracts are exempt from the right of withdrawal after the complete performance of the services, if the execution began with the prior express consent of the consumer (natural person) and after they confirmed that they are aware that they will lose the right of withdrawal after the complete execution of the contract by the professional. The Client declares that they understand and confirm that after the complete execution of the contract, they do not benefit from the right of withdrawal according to art. 16 letter a) of GEO 34/2014, because the services provided are exempt from the right of withdrawal. For legal entity clients, the provisions of GEO 34/2014 are not applicable.

This does not affect the User’s right to opt at any time to cancel the purchased subscription, without prior notice; however, Uptivate will have no obligation to refund the price for the remainder of the invoiced time period. To cancel the subscription, the User must access their personal account on the Platform and follow the cancellation instructions.

For the sake of clarity and to eliminate any doubt, it is specified that any request to cancel Uptivate subscriptions will only take effect in the future. The cancellation will be considered effective and will become valid only after the expiration of the time period for which payment has already been made. This means that the cancellation will not have retroactive effect and will not influence the terms or conditions of the current subscription until the completion of the invoiced period.

7. Advertising:

The Client may express their consent to receive commercial communications by email, allowing the Provider and its collaborators to make such communications, by checking the specific option at the end of these terms and conditions.

The Client may revoke their consent regarding such commercial communications at any time by:

  • sending a written request to Uptivate at the email address in the “Contact” section of the Platform; in this case, the revocation will take effect within a maximum of 48 (forty-eight) hours from the initiation of the procedure;
  • opting out of receiving Newsletters at any time by accessing the dedicated link found in any Newsletter;
  • checking the consent withdrawal option in the dedicated section of the Platform.

This procedure will be mentioned in all commercial communications sent by the Provider to Clients.

Uptivate Newsletters are sent through specialized partners approved by Uptivate.

The Client’s opting out of receiving Newsletters does not imply a waiver of the acceptance given for the rest of the terms and conditions regarding online sales made by Uptivate.

8. Liability:

The Provider is not liable for any damages caused to the User or any third party as a result of the Provider fulfilling any of its obligations in accordance with the Order, nor for damages resulting from improper use of the services provided.

The Provider cannot under any circumstances be held responsible for any loss of use, contracts, data, goodwill, revenue, or profits (regardless of whether they are considered direct claims or not), or any consequential, special, indirect, incidental, punitive, or exemplary loss, damage, or expense under or in connection with this Contract, its Services.

The User shall keep the username and password associated with the Account secure, being solely responsible in case of their fraudulent use by a third party. The User is responsible for checking the final version of the Terms and Conditions, the Privacy Policy, and the Cookies Policy each time they use the website.

The Provider does not guarantee the continuous and uninterrupted use of the website. Errors, defects, viruses, or other harmful behaviors on the website or servers that may render it unavailable may occur. The Provider will take all measures to limit and remove such unpleasant events as soon as possible. The User does not have the right to intervene in the operation of the website or to take any intervention measures on the computer equipment, regardless of the reason and regardless of the result obtained.

9. Complaints and Claims:

Users may address complaints or claims related to Services purchased from Uptivate using the contact form available on the Platform.

Complaints regarding Orders can be sent through the contact form available in the “Contact” section of the Uptivate Platform. Uptivate commits to resolving these complaints within a period of up to 30 calendar days from their receipt.

10. Use and Collection of Personal Data of Natural Persons:

By using the Uptivate Platform, the User understands and accepts the transmission of personal data to Uptivate. This data will be processed in accordance with the purposes set out in the Uptivate Privacy Policy and Cookies Policy, which supplement these Terms and Conditions.

11. Confidentiality:

Both the Provider and the User undertake and guarantee to maintain the confidentiality of Confidential Information, to prevent its disclosure to third parties, and not to use it for purposes other than those envisaged by this Contract, except those authorized in advance in writing by the Provider/User and subject to the terms and conditions imposed thereby.

12. Force Majeure:

Neither the Provider nor the User shall be liable for the non-performance of their contractual obligations if such non-performance, in whole or in part, on time and/or in an appropriate manner, is due to a force majeure event as defined by the Romanian Civil Code.

If within 15 (fifteen) days from the date of the force majeure event, the respective event does not cease, either the Provider or the User shall have the right to notify the other party of the termination of the Contract by operation of law, without either of them being able to claim damages from the other.

13. Applicable Law and Dispute Resolution:

This Contract is subject to Romanian law.

Uptivate and the User will attempt to resolve amicably any disputes or disagreements that may arise. To the extent that amicable resolution is not possible, disputes will be resolved by the competent Romanian courts at the Provider’s registered office.

14. Intellectual and Industrial Property:

The content of the website, including, but not limited to, logo, stylized representations, symbols, images, photographs, text content, information, structure, materials included in the program, know-how, content, structure, program administration, and the like, are the exclusive property of Uptivate. Copying, distributing, publishing, modifying, completing, using, displaying, including, linking, transmitting, removing marks, photographs, images, text fragments, displaying, selling, etc., of the content, data, information, photographs, or other information found on the website is not permitted without the express prior written permission of Uptivate.

No User acquires, through the use and access of the website, any right or license to use any of the information on the website. No user has the right to use an automatic or manual device to monitor the materials available on the website.

Uptivate owns and retains the exclusive ownership right (including, without limitation, copyrights and other intellectual property rights) over all materials (graphics, texts, images, animations, concepts, etc.) created within projects, no other entity having the right to use, distribute, publish, copy, or modify these materials/advertisements, under penalty of payment of damages to Uptivate.

Additionally, Uptivate holds the ownership right (including, without limitation, copyrights and other intellectual property rights) over the concept, name, project content, texts, photographs, recordings, films, and all rights to use and disclose ideas, concepts, know-how, methods, techniques, processes, and their adaptations throughout the course of its activity.

The website shall be used by users only for information, registration, placing orders, and visiting. Visiting or ordering our services automatically implies acceptance of these terms and conditions. Additionally, the use of any other current or future services provided by Uptivate implies acceptance of the same terms and conditions, unless otherwise stated.

As a user, you do not have the right to partially or fully modify the website, to partially or fully reproduce the website, to copy, sell, or exploit the website in any other manner without the company’s consent. The Visitor/Client/User shall not modify, copy, distribute, transmit, display, publish, reproduce, grant licenses, create derivative products, transfer, or sell any information or services obtained from or through this website.

The website user does not have the right to download, partially or fully modify the website, partially or fully reproduce the website, copy, distribute, sell, or exploit the website in any manner contrary to Uptivate’s interests, regardless of whether there is a commercial purpose or not, except for download permissions generated for certain documents transmitted in the execution of services.

No User acquires, through the use and access of the website, any right or license to use any of the information on the website or any intellectual/industrial property right over the products and/or services ordered from the website. No User has the right to use an automatic or manual device to monitor the materials available on the website.

Uptivate reserves the right to use general details of the executed project for advertising purposes, as a case study. These details may be presented on the Uptivate website, on social media networks, and other platforms. The details used may include, but are not limited to: general description of the project, number of people involved, results obtained, technologies used, and other aspects that do not involve the disclosure of confidential information or that could harm the User. The Provider commits to complying with all laws regarding data protection and confidentiality.

Uptivate is committed to providing the highest quality services to its clients. To achieve this goal, it uses various external tools and technologies, including advanced CRM, project management, and artificial intelligence solutions provided by third parties. These tools are chosen with the aim of improving the efficiency and quality of our work, thus ensuring a superior service for our clients. The choice of these tools is at the discretion of Uptivate, based on our own criteria for evaluating quality and efficiency. Although these technologies contribute significantly to improving our services, Uptivate does not assume responsibility for malfunctions or problems that may arise from the use of these external tools, as they depend on and are entirely the responsibility of third-party providers.

15. Final Clauses:

These Terms govern the access of Users to the website www.uptivate.ro. In the event that, following the launch of the website and the publication of these terms, additional functions or services are implemented and made available on the website, these will be subject to the same rules and conditions contained in these clauses, unless they have separate conditions.

By accessing this website, you accept the above conditions and agree that it has the value of a contract, tacitly accepted, between the User and the website owner. If you do not wish to comply with the rules described above, please do not use the information or services made available on this website.

Uptivate has the right to modify the Terms and Conditions at any time, without prior notice, by posting the updated version on the website. You are obligated to read the Terms and Conditions each time you access the website. You are obligated to fully comply with the Terms and Conditions on the website and cannot claim ignorance of the Terms and Conditions on the website, valid at the date of access, use, and/or placing an order on the website.

The website owner reserves the right to modify the structure and interface of any page or subpage of the website at any time and at any freely chosen interval, having the right to temporarily, partially, or fully suspend the services made available to clients through this website without any prior individual or general notification.

Promotions offered by Uptivate are announced on the website. Promotions begin their validity at the time of their activation on the website and cease their validity from the time of their deactivation on the website. Promotions are not cumulative with each other or with other discounts and are valid only within the limits and in compliance with the conditions on the website.

These Terms and Conditions are supplemented by special aspects/provisions contained in the description of products/events available on the website. In the event of contradictions between these Terms and Conditions and the special provisions mentioned above, the special provisions shall take priority.

Marty Bonapp Nava Baboon Doczilla SPX