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General Terms and Conditions of Services 1. Preamble 1.1. Supplier (hereafter called FORMA-PROIECT SRL) provides engineering and design services (hereafter called services) worldwide. 1.2. The following general terms and conditions apply between FORMA-PROIECT SRL and any other entity for which the Supplier is in a relationship of the provision of services. 1.3. Any agreed changes or additions to these general guidelines are considered to be valid exclusively if they have been confirmed by FORMA-PROIECT SRL in written form. 1.4. These general terms and conditions exceed any other regulations to which FORMA-PROIECT SRL has not deliberately agreed. 1.5. Offers are subject to change, in principle without any liability. 1.6. If some of these general terms and conditions become unlawful, then the lawfulness of the other terms will not be touched by this. The terms which are totally or partially unlawful will be replaced by lawful and effective ones.  1.7. FORMA-PROIECT SRL reserves the right of modifying its general terms and conditions at any time. In this case, the regulations applicable will be those in effect upon the date the service was ordered by the customer. 1.8. FORMA-PROIECT SRL reserves the right to refuse any services which causes an infringement to public order or includes illegal content, as well as any services clearly violate a third party intellectual right. 2. Prices 2.1. The price is a subject of discussion and agreement with the client being approached on several factors as: development and research level of the solution; specific customer requirements as important technical, social and commercial issues or specific construction and functional requirements; complexity and level of detail, location or environment in which the product will be used; specific requirements of material; requirements for the aesthetics; work deadline on the project. 2.2. In the case of any significant change for price calculation, such us: energy costs, financing, state duties, etc., FORMA- PROIECT SRL reserves the right to increase or reduce the prices consequently. 2.3. All service liabilities that existed before the price changes remain in effect until the delivery of those services.   3. Payment 3.1. The customer accepts the electronic sending of invoices. 3.2. Payments are due within 5 working days after submission of the invoice. 3.3. If a payment has not occurred within 10 working days then FORMA-PROIECT SRL is free from all further service liabilities. 3.4. it will be considered that the payment was performed only when it will be received and reflected on FORMA-PROIECT SRL bank account. All the costs related with cheques or paper payments will be supported by customer. 3.5. All the costs related to any collection of complaints and pretensions and/ or a necessary proper legal investigation will be supported by customer. 4. Ordering/ Delivery 4.1. Customers wishing to benefit from engineering and design service of FORMA-PROIECT SRL must send an e-mail at: or fulfill the online form where they describe their order and indicate all their contact details. 4.2. Customers are contacted back by FORMA-PROIECT SRL within 2 working days in the order to establish all project details. 4.3. FORMA-PROIECT SRL is justified to accept the order within 2 working days of final receipt and only after all the details of the order set up in written form by the customer. 4.4. An email with final order (including; description of the project, requirements, goals and objectives, price, deadline date, etc.) will be sent by FORMA-PROIECT SRL for confirmation by the customer. 4.5. Confirmation signifies that the customer is fully conscious and agrees of these general terms and conditions. Any further changes by the customer of the requirements or goals of the project after the confirmation has occurred must be accepted by the supplier and may imply resetting of the deadlines and of the price for additional service. 4.6. In the case of impossibility to keep the deadlines because of any objective reasons FORMA-PROIECT SRL will inform the customer within maximum of 5 working days about resetting of the deadlines. The new deadlines shall be settled in an amicable way between the supplier and customer. If, because of any objective reasons, the customer cannot agree on new deadlines, then the supplier will be obliged to pay a penalty of 0.5% of the total order amount for each day of delay. 5. Guarantee/ Liability 5.1. FORMA-PROIECT SRL cannot not be held liable for failing to fulfill any of its contract obligations in a timely way and/ or fulfilling them in a dissatisfactory way, completely or partly, if this failure to fulfill the obligation in question or fulfilling it in a dissatisfactory way has resulted from force majeure, as stipulated by the law. 5.2. FORMA-PROIECT SRL cannot be held liable for any troubles or damage occurred at the customer, related to computer and/ or internet use, viruses, malware or any IT-related event, as well as cannot be responsible to any external web link towards to FORMA-PROIECT SRL website. 5.3. FORMA-PROIECT SRL website may contain links to other websites which are operated by third parties. These links are offered as an easy way to access the information contained on linked websites. The supplier cannot be held liable for the content of any linked websites or any products or services that may be offered through any linked websites. Different terms and conditions may apply at any linked websites. FORMA-PROIECT SRL cannot be held liable for any losses or damages which have emerged from the use of any linked websites. 5.4. FORMA-PROIECT SRL cannot be held liable for the loss of files sent by the customers. Customers must keep a backup of their files. 5.5. In the case of gross negligence, the liability of the supplier is limited to the typical predictable contractual damages in as far as no other exception than that contractual mentioned. 5.6. No guarantee is granted particularly in the case of failure to follow the given instructions from FORMA-PROIECT SRL about implementation of the designed product and/ or improper use of it. 5.7. Any pretensions about failure of designed product, based on the erroneous information provided from customer, are excluded. 5.8. The customer is obliged to check the delivered design services for mistakes directly after receipt and to announce them to the supplier in writing. 5.9. Mistakes in one part shall not entitle the customer to reject the entire delivered designs. 5.10.The liability for the redemption for indirect damage, financial and tax losses and third party pretensions against customer are excluded unless contractual mentioned. 5.11.The statute of limitation starts after the successful acceptance and receiving of the services by the customer. 5.12.All the claims by the customer, indifferently of the legal grounds, lapse in 12 months unless contractual mentioned. 6. Reservations of Proprietary Rights 6.1. Any information of the customer's order (concept descriptions, images, drawings, layouts, designs, logos etc.) transferred by customer to FORMA-PROIECT SRL remain the property of customer and cannot be used, sold, transferred or made public to any third party unless provided an agreement from the customer in written form. 6.2. Customer may allow FORMA-PROIECT SRL to use without any charge an image from his project for marketing purposes (print on the flyers or publish on the FORMA-PROIECT SRL website) by giving an acceptance for this purpose in written form. 6.3. Any reproduction, professional use or publishing on any website or blog of the data presented on the FORMA-PROIECT SRL website represents an act of intellectual property rights violation and may be held responsible according to the Law on the State Agency for Intellectual Property no. 114 of July 3, 2014 of Republic of Moldova. 7. Notices 7.1. The use of sub-contractors or any third party entities by FORMA-PROIECT SRL requires the agreement from customer in written form. 7.2. All notices / communications shall be given to FORMA-PROIECT SRL either by post to its headquarters (see address on Location page) or by email to 7.3. Such notice will be considered received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 7.4. Verbal notifications shall not be taken into considerations by any of the parties, if they are not confirmed in written form by any means listed above.     8. Place of Jurisdiction 8.1. All the disputes between FORMA-PROIECT SRL and customers regarding the validity of these general terms and conditions or resulting from its interpretation, fulfillment, or cessation shall be settled in an amicable way. 8.2. In case if disputes cannot be settled in an amicable way, the parties shall address to the competent courts, on conditions that the proceeding rules according to which the case is examined are applicable to commercial arbitration tribunal, organized by the Commerce and Industry Chamber of the Republic of Moldova. 8.3. The general terms and conditions are written in Romanian and English. In case of doubt the Romanian version shall be binding. FORMA-PROIECT SRL. Release June 2015 (subject to changes)