Terms and conditions

1.1 Trader identity

The BrandForge website and services are operated by NEBO SAFETY SRL, trading under the BrandForge brand.

NEBO SAFETY SRL is a VAT-registered company.

Throughout these Terms and the other legal documents, the term BrandForge means the contracting party, NEBO SAFETY SRL.

1.2 Scope

These Terms apply to:

• the brandforge.digital website;
• orders for the social media management and website building services offered through BrandForge;
• individuals who order as consumers;
• legal entities and professionals who order for business purposes.

Certain special rights under consumer protection law (for example the right of withdrawal) apply only to people acting as consumers, not to professionals ordering for business or professional purposes.

1.3 Description of services

BrandForge offers two separate services, which can be ordered separately or together:

• Social media management: strategy, creative direction, content creation (reels, images, campaigns) and consistent posting on the client’s Facebook, Instagram, TikTok and/or YouTube accounts. The client provides the product and the relevant information about it and about the business; based on these, BrandForge creates the content with generative artificial intelligence tools. The service does not involve filming or photo shoots and does not require the client to record any video. The service is billed per unit: each delivered and published post (reel) is charged separately, at the starting price shown on the website, with no fixed subscription and no guaranteed minimum number of posts per month.
• Websites on subscription: the design, development and publication of a new website (from a presentation page to an online shop), followed by ongoing hosting and maintenance, all included in a single monthly subscription for as long as the client stays subscribed. The subscription has no minimum period and the client can end it at any time (section 1.18). The domain stays with the client, and the website can be bought separately (section 1.16).

The exact specifications of each order (target platforms, posting frequency, website features, delivery deadline, what is and is not included) are agreed before work starts, by written confirmation (WhatsApp, email or another agreed channel).

1.4 Prices and VAT

• Prices shown on the website are in euro (EUR) and are starting prices (“from”), not fixed final prices for every order.
• Social media management: from €1 per posted reel.
• Websites on subscription: from €20 a month, an amount that includes building the website, hosting and maintenance for the duration of the subscription.
• Prices shown on the website include VAT. NEBO SAFETY SRL is VAT-registered; the final price, VAT included, is confirmed to the client before work starts.
• The website buyout price (section 1.16) is not part of the subscription and is communicated separately, at the client’s request.
• Any additional services beyond the originally agreed scope are communicated and accepted separately, at their own price, before they are carried out.
• The client will not be charged for additional services without their express consent.

1.5 Ordering and confirmation

The website has no online order form with automatic payment. The ordering process broadly consists of the following:

1. the client contacts BrandForge, usually on WhatsApp, starting from a button on the website;
2. they discuss the goal, the service wanted (social media, website, or both) and the relevant details;
3. the client receives an offer or a summary of the scope, deadline and applicable final price;
4. the client confirms acceptance of the offer, expressly and in writing (WhatsApp or email);
5. for the website subscription, the client confirms the subscription start date and the agreed recurring payment method.

Simply having a conversation, without express confirmation of the offer, does not constitute acceptance of the order by BrandForge, nor a commitment by the client to pay.

1.6 Payment

Payment is made by bank transfer, under a contract and against an invoice.

• For social media management, invoices are issued periodically (usually monthly), based on the number of posts delivered in that period.
• For the website subscription, the subscription (€20/month or the agreed price) is invoiced monthly for as long as it remains active and has not been ended under section 1.18.

1.7 Conclusion and term of the contract

The contract between the client and BrandForge is concluded when the client expressly confirms the offer, under section 1.5.

• Social media management is provided on an ongoing basis, with no fixed term, until either party notifies the other that the collaboration is ending; amounts already owed for posts already delivered remain payable.
• The website subscription is concluded for an indefinite term, with no minimum period and automatic monthly renewal, until it is ended under section 1.18.

1.8 Right of withdrawal

If you act as a consumer, you have the right to withdraw from the contract, without penalty and without giving any reason, within 14 days of its conclusion, under Romanian Government Emergency Ordinance (OUG) no. 34/2014.

If you expressly request that the service (posting content or starting work on the website) begin before the 14 days have passed, you confirm that you are aware that you will lose your right of withdrawal once the contract has been fully performed, and if the contract is then fully performed, the right of withdrawal is lost. Merely starting the service does not, by itself, cause the right of withdrawal to be lost. If you withdraw before full performance, you must pay proportionately for the part of the service already provided up to the moment you gave notice of withdrawal, as provided by law.

Full details and the withdrawal form are available in Withdrawal and refunds and in the Withdrawal form.

1.9 Provision of services

For social media management, content is posted directly on the client’s accounts (or on new accounts created in the brand’s name, where applicable), according to the agreed schedule. The client must provide access to the relevant accounts and supply, in good time, the product and the necessary information about it and about the business; the content itself is created by BrandForge.

For websites, the client buys the domain and BrandForge assists with the DNS configuration to connect the website. The website is published on the client’s domain and on an agreed hosting solution, within a standard timeframe of a few business days from completion of the brief; for urgent projects, delivery can be made within 24h, in special cases, if this is expressly confirmed. As long as the subscription remains active, BrandForge provides hosting and maintenance for the website.

1.10 Revisions and changes

A distinction is made between:

• correcting a lack of conformity: the delivered result (post or website) does not match the confirmed brief or specifications; such a correction is not treated as a paid commercial revision;
• a commercially included revision: a minor adjustment, within the limits agreed in the order;
• an additional change requested by the client: a change request that goes beyond the originally agreed scope (for example new website features or content beyond the agreed schedule), which may involve an additional cost, communicated before the work is done.

1.11 Conformity of services

If a service provided does not match the specifications agreed in the order, the consumer is entitled to the remedies provided by the applicable law on conformity of services: bringing the service into conformity, a proportionate price reduction or termination of the contract, under the conditions provided by law.

Examples of lack of conformity:

• the posted content does not match the confirmed brief (message, representative image, format);
• the delivered website does not include a feature expressly confirmed in the order;
• the website is not published or not working during an active subscription, for reasons attributable to BrandForge;
• the client’s name, text or logo were implemented incorrectly compared to the brief.

Purely subjective dissatisfaction with the creative result does not remove the consumer’s legal rights, but neither does it automatically amount to a lack of conformity if the result matches the specifications agreed in the order.

1.12 No guarantee of commercial performance

BrandForge does not guarantee any particular number of views, virality, sales, leads, followers, engagement level or search engine ranking. The results achieved depend on the platform where the content or website is published, on the audience, on the timing and manner of publication, on each platform’s algorithms and on other external factors outside BrandForge’s control.

1.13 Client materials

For social media, the client provides the product and the relevant information about it and about the business; optionally, they may provide other materials too. The client declares that they have the right to provide, and to allow the use of, all the materials they send for the purpose of performing the order: product information, logos, trademarks, images, the likeness of people, voice, music, text, slogans, videos, characters or other protected elements. These materials remain the client’s.

By sending the materials, the client grants BrandForge a limited, non-exclusive and temporary licence to use them, solely for the purpose of performing the order in question.

1.14 Prohibited content

BrandForge may refuse, with reasons and reasonably, materials or orders that:

• break the applicable law;
• infringe the rights of third parties;
• involve fraud, impersonation or deception;
• include discriminatory, abusive or illegal content;
• use a person’s likeness without the right to do so;
• promote illegal activities;
• pose safety risks or break the rules of the platforms where the content is to be published or the rules of the hosting provider.

1.15 Artificial intelligence

Social media content is, as a rule, created with generative artificial intelligence tools, starting from the product and information provided by the client. In website development, certain stages may use automated or artificial intelligence systems, for generating concepts, images and text, processing, visual adaptation or technical checks.

Generated results may vary from expectations and the material must be checked by the client before publication. BrandForge will seek, to a reasonable extent, to follow the brief provided by the client. The use of artificial intelligence tools does not remove BrandForge’s obligations regarding the conformity of the delivered result. The client must not provide sensitive materials or materials they do not have the right to use.

More details are available in the Content and artificial intelligence policy.

1.16 Rights in the deliverables

A distinction is made between three categories: the client’s domain, the client’s materials and the website built by BrandForge (the source code and the implementation).

• The domain is bought by the client and belongs to them; BrandForge assists with the DNS configuration. The client keeps the domain whether they stay subscribed, end the subscription or buy the website; ending the subscription does not transfer any right in the domain to BrandForge.
• The client’s materials (information about the product and business, text, logos, trademarks, images and any other materials sent) remain the client’s, under section 1.13.
• The website on subscription. The code of each website is written specifically for that website. While the website is provided on subscription, the source code and implementation of the website remain the property of BrandForge, and the client has the exclusive right to use the website, as part of the service, for the purposes agreed in the order; BrandForge does not supply it to other clients.
• Buying the website. The client can buy, separately from the subscription, ownership of the website and its source code. The buyout price decreases the longer the subscription has been running; the exact amount is communicated separately, on request, before any commitment. Once the buyout price has been paid, the website and its entire source code become the client’s property. The arrangements after the buyout (for example hosting and maintenance) are agreed by mutual consent.
• Ending the subscription without buying the website. The website stays live until the end of the period already paid for, after which it may be deactivated. The domain and the client’s materials remain the client’s.
• Social media content. Once a post has been paid for in full, the client has the right to use that content on the accounts and for the purposes agreed in the order.
• Working files, prompts, methods, automations and internal tools used by BrandForge to create the content or the website are not part of the delivered result and are not transferred to the client.
• Third-party assets (for example licensed music, fonts or plugins) remain subject to their own licences; BrandForge does not transfer rights it does not hold.

More details are available in Copyright and licence of use.

1.17 Portfolio

BrandForge will not automatically use the result ordered by the client in its own portfolio or in promotional materials. A result is used in the portfolio only on the basis of a separate, optional and verifiable agreement, given distinctly by the client.

1.18 Suspension, refusal and ending the subscription

BrandForge may reasonably refuse orders that are impossible to perform, lack the necessary information, are illegal, are incompatible with the policies of the platforms or hosting providers concerned, or cannot be carried out under adequate technical conditions.

The client can end the website subscription at any time, with no minimum period and no penalties, by sending a message on WhatsApp or by email. Ending the subscription stops the renewal for the following month: the website stays live until the end of the period already paid for, and the amount for that period is not refunded, except in the cases provided by law (for example withdrawal or lack of conformity). On ending the subscription, the client may choose to buy the website, under section 1.16; the domain remains the client’s in any case.

BrandForge may end the subscription by giving the client reasonable prior notice. If a subscription period is not paid, BrandForge may suspend maintenance and, later, deactivate the website, again with prior notice to the client. The social media management service may be ended by either party, at any time, for posts not yet produced.

If payment has been made but the service has not started, the amounts paid will be refunded to the client, according to the specific situation and the applicable legal provisions.

1.19 Liability

To the extent permitted by law, BrandForge is not liable for: the unavailability of social platforms or third-party hosting providers, changes to these platforms’ algorithms, outages caused by external infrastructure providers, subsequent unauthorised use of the result by the client, or illegal materials provided by the client.

Nothing in these Terms limits the consumer’s mandatory rights or any liability that cannot be excluded by law.

1.20 Complaints

Complaints can be sent to:

• email: [email protected];
• phone: +40 733 243 480.

For a quick resolution, the complaint should include: the client’s name, the service concerned (social media or website), a description of the problem and, where applicable, relevant evidence (screenshots, files, previous correspondence).

BrandForge confirms receipt of the complaint and seeks to resolve it within a reasonable time, taking into account the complexity of the situation reported. More details are available in Contact, complaints and alternative dispute resolution.

1.21 Governing law

Contracts are governed by Romanian law, without prejudice to the protection afforded to consumers by the applicable mandatory provisions.

1.22 Changes to these terms

The version of the Terms that applies to an order is the one accepted by the client when the contract in question was concluded. For the website subscription, any change to the monthly price will be communicated to the client at least one billing period before it applies, and the client can end the subscription at any time, including if they do not agree with the new price. Later changes to these Terms do not apply retroactively, to the client’s detriment, to orders already accepted.