Terms and Conditions

1. About these Terms

These Terms and Conditions (the “Terms”) govern access to and use of the website at https://pfa.mihaiadam.com (the “Website”) and form part of contracts under which ADAM T. MIHAI PERSOANĂ FIZICĂ AUTORIZATĂ provides website-development services, cloud-application licences, installation, configuration, support, or related technical services.

The Terms apply to both business clients (companies) and consumers (natural persons). Clauses that refer specifically to a “Consumer” apply only where the Client is a natural person acting outside a commercial, industrial, craft, or professional activity. Mandatory consumer-protection rights prevail over any inconsistent clause.

These Terms are a general framework. The precise deliverables, licence metrics, schedule, price, payment stages, acceptance criteria, and support period are set out in the accepted quotation, order, statement of work, licence order, invoice, or signed contract.

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2. Definitions

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3. Provider identity and contact details

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4. Website purpose and no online checkout

The Website presents services and products, examples, indicative or standard pricing, technical descriptions, and contact information. It does not contain a payment gateway or automated checkout.

A contact-form submission, telephone call, email, request for consultation, or request for quotation is an enquiry and not an acceptance by the PFA. No contract is created until the parties agree the essential terms in writing.

Descriptions, screenshots, demonstrations, architecture diagrams, and portfolio examples are illustrative. Only features expressly included in the Contract are contractual deliverables.

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5. Contract formation and order of precedence

Before work or delivery begins, the PFA will provide a Contract setting out the essential terms of the engagement. The Contract is concluded when it is signed by both parties, including by a valid electronic-signature method. An enquiry, quotation request, invoice, or informal email exchange does not by itself conclude the Contract.

For a Consumer distance contract, required pre-contract information and confirmation will be provided in a form that the Consumer can store and reproduce.

If documents conflict, the following order applies unless the parties expressly agree otherwise:

• a signed individual contract or addendum;
• the accepted quotation, statement of work, licence order, or order confirmation;
• these Terms;
• general Website descriptions and promotional materials.

A special written term overrides a general term only for the specific subject it addresses.

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6. Eligibility and authority

A person accepting a Contract confirms that they are legally capable of contracting. A person acting for a business or organisation confirms that they have authority to bind that entity.

Services and Cloud Applications are not intended for unlawful use, high-risk life-support or safety-critical systems, or any purpose prohibited by applicable law or third-party provider rules, unless expressly agreed after an appropriate technical and legal assessment.

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7. Website-development services

Website Development is a professional service rather than the sale of a pre-existing website as a separate off-the-shelf product. The service may include business analysis, planning, WordPress installation or configuration, layout and component selection, content placement, responsive adjustments, contact-form integration, consent-management configuration, testing, deployment, handover, and a limited support period, only to the extent stated in the Contract.

The standard offering is intended primarily for informational, presentation, portfolio, and small-business websites. Unless expressly included, it does not include e-commerce, payment processing, complex user accounts, custom legal advice, custom accessibility certification, penetration testing, continuous security monitoring, or ongoing content management.

The PFA may use proven layouts and reusable design or technical components. The final arrangement, content, branding, and agreed customisations for the Client Website are delivered to the Client, while general know-how, methods, ideas, skills, and pre-existing tools are not transferred.

Any scope limit displayed on the Website, including page count, language, feature list, example-site component set, or support period, applies only if repeated or incorporated in the Contract.

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8. Transfer of completed websites and project materials

After full payment of all amounts due for the Website Development project, the PFA does not retain ownership of the Client Website as a commercial website product. Subject to Third-Party Component licences and the exclusions below, the Client receives the completed website and the rights necessary to operate, administer, copy, modify, migrate, and continue developing it.

Handover will normally include administrator access and a practical website backup or export containing the WordPress files and database, or another complete restoration package appropriate to the agreed environment.

To the extent that the PFA creates original, project-specific copyrightable materials for the Client Website, the Contract must identify the economic rights transferred, the permitted uses, the duration and territory of the transfer, and the remuneration. After full payment, those rights are transferred only to the extent expressly stated in the Contract. Third-Party Components and the PFA’s pre-existing materials remain subject to Sections 8 and 11.

The following are not transferred as Client-owned property:

• WordPress core and any third-party themes, plugins, templates, libraries, fonts, images, or services, which remain governed by their own licences;
• the PFA’s pre-existing code, generic tools, reusable modules, templates, methods, know-how, and development techniques, except to the extent embedded and licensed for operation of the Client Website;
• third-party accounts or subscriptions that are not validly assigned;
• the PFA’s trademarks, business name, portfolio content, and unrelated materials.

The PFA may identify the Client and display a public screenshot or link to the completed Client Website in a portfolio only with the Client’s permission or where the Contract provides for this.

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9. Cloud applications and licence model

Unless a Contract expressly states otherwise, the PFA retains all ownership and intellectual-property rights in each Cloud Application, including its Source Code, architecture, algorithms, documentation, build system, updates, and derivative versions.

After full payment, the Client receives a personal or organisational, non-exclusive, perpetual, non-transferable, non-sublicensable licence to use the delivered version of the Cloud Application for the Client’s own internal or business purposes, within the installation, device, user, AWS-account, or environment limits stated in the Contract.

Because the licence is non-exclusive, the PFA may develop, market, license, and sell the same Cloud Application, modified versions, or similar products to other clients.

Unless expressly permitted, the Client must not:

• sell, rent, sublicense, publish, distribute, share, or commercially provide the Cloud Application to another person;
• remove copyright, licence, attribution, or proprietary notices;
• use the Cloud Application to create a competing product or service;
• reverse engineer, decompile, disassemble, or attempt to obtain Source Code, except to the limited extent that such restriction is prohibited by mandatory law;
• use the Cloud Application outside the agreed licence metrics or for unlawful purposes.

The Client may create reasonable backup copies of the Installation Package solely for disaster recovery and continued authorised use.

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10. Source code, installation packages, and technical access

For Website Development, the complete operational website is transferred as described in Section 8. For a Cloud Application, Source Code is not delivered unless the Contract expressly includes a separate Source Code transfer or escrow arrangement.

Delivery of an Installation Package, executable, archive, infrastructure template, container image, compiled component, or deployed cloud function does not transfer copyright or Source Code ownership.

If the Cloud Application or a component is installed in a Client-controlled environment, authorised administrators may technically be able to copy, download, or extract deployment artefacts. Technical access does not grant additional rights and does not authorise redistribution, reuse outside the licence, or creation of derivative products.

The Client must maintain reasonable access controls and must not provide deployment packages or proprietary files to third parties except contractors who need access for the Client’s authorised use and are bound by confidentiality and licence restrictions at least as protective as these Terms.

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11. WordPress and other third-party components

A Client Website may include WordPress core, themes, plugins, templates, libraries, APIs, fonts, hosting, domain, email, cloud, security, analytics, mapping, consent-management, or other Third-Party Components.

The PFA sells the website-development and integration service. It does not claim to be the producer or owner of Third-Party Components and does not resell ownership of those components. Each component remains governed by the licence and terms of its vendor or open-source project.

Paid licences, subscriptions, renewals, usage charges, overage fees, and vendor accounts are the Client’s responsibility unless the Contract expressly states that the PFA will purchase or manage them for a defined period. The Client must renew paid Third-Party Components when required.

The PFA does not warrant that a Third-Party Component will remain indefinitely available, supported, secure, compatible, free of defects, unchanged, or suitable for every future WordPress, PHP, browser, operating-system, cloud-provider, or regulatory update.

The preceding limitation does not exclude the PFA’s responsibility for its own professional selection, configuration, integration, or mandatory consumer-law obligations. Where a third-party change materially affects the deliverable, the PFA may propose a replacement, update, workaround, or paid migration.

Security updates, compatibility checks, backups, monitoring, bug fixes, and replacement of abandoned or vulnerable third-party components after delivery are included only if a separate maintenance/support service is agreed. If no maintenance service is agreed, the Client remains responsible for future updates, renewals, hosting access, licenses, backups, and ongoing operation of the website.

If a defect is caused by a third-party theme/plugin, the Developer may assist in identifying the issue, applying available updates, contacting the vendor, replacing the component, or proposing a workaround, according to the agreed support terms. Paid third-party licenses/subscriptions are governed by the vendor’s own terms and must be renewed by the Client unless otherwise agreed in writing. The Client must comply with all applicable third-party terms. Vendor restrictions may limit transfer of an account, premium licence, API key, or subscription at handover.

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12. Client responsibilities

The Client must provide complete, accurate, and timely information, decisions, approvals, credentials, and materials reasonably required for the project.

The Client is responsible for:

• the legality, accuracy, ownership, and suitability of text, images, logos, trademarks, databases, products, offers, and other content supplied by the Client;
• providing content in the agreed format and by the agreed date;
• reviewing prototypes, test versions, legal-page inputs, and acceptance builds;
• maintaining secure passwords, multi-factor authentication where available, and appropriate user access;
• obtaining licences, permissions, notices, and consents for Client-provided content and business activities;
• its own business, tax, sectoral, consumer, marketing, accessibility, privacy, data-retention, and regulatory compliance;
• operating and paying for its hosting, domain, email, cloud, API, and third-party accounts after handover, unless a maintenance agreement states otherwise;
• making ongoing backups after handover and testing restoration procedures.

The Client must not ask the PFA to implement unlawful, deceptive, infringing, discriminatory, malicious, insecure, or prohibited functionality.

For business Clients, the Client will reimburse the PFA for direct losses, claims, or reasonable costs caused by unlawful Client content or instructions, to the extent permitted by law and except to the extent caused by the PFA.

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13. Quotations, prices, taxes, invoices, and payment

Prices displayed on the Website relate to the stated standard scope and may be updated for future enquiries. The total price, currency, included features, and tax treatment for a specific engagement are fixed in the signed Contract.

Where the Website states that VAT is included “where applicable”, the invoice will reflect the PFA’s legally applicable tax status at the invoicing date.

No advance payment is due to the PFA unless the Contract expressly states otherwise. After Acceptance under Section 14, the PFA issues an invoice for the entire agreed price. Payment is made by bank transfer or another method stated on the invoice, within the payment period stated in the Contract or invoice. The Client is responsible for its own bank charges and for using the correct payment reference.

Final handover of Client Website materials and activation of the perpetual Cloud Application licence occur after the invoiced price has been paid in full. Acceptance confirms conformity with the agreed scope; it does not itself transfer ownership or activate the licence before payment.

If an undisputed invoice remains overdue, the PFA may withhold final handover or licence activation and may apply interest or recovery costs only where permitted by the Contract and applicable law. Mandatory consumer protections remain unaffected.

Unless the Contract expressly states otherwise, domains, hosting, premium licences, cloud usage, and other Third-Party Component charges are purchased and paid directly by the Client and are separate from the price payable to the PFA. Any exceptional non-refundable third-party commitment to be purchased by the PFA requires the Client’s prior written approval and remains subject to mandatory consumer law.

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14. Delivery estimates, testing, and acceptance

Delivery dates are estimates unless the Contract expressly identifies a date as essential and guaranteed. Estimates depend on timely Client cooperation, content, approvals, technical access, vendor availability, and third-party services.

A delay caused by the Client, a third-party provider, a change request, a security incident outside the PFA’s control, or force majeure extends the schedule by a reasonable period and may require a revised quotation.

The PFA will provide an acceptance build or other reasonable opportunity to review and test the Deliverables. The Client must report any material non-conformity with sufficient detail within the acceptance period stated in the Contract or, if none is stated, within 7 Business Days after notice that the Deliverables are ready for review.

The PFA will correct verified defects that cause the Deliverables not to meet the agreed scope. New preferences, content changes, features not included in scope, or changes caused by third-party updates are not defects and may be quoted separately.

A Consumer accepts the Deliverables by an affirmative written confirmation after the review opportunity. For a business Client only, the Contract may provide that Acceptance also occurs when the Client uses the Deliverables in production, publishes the Client Website, or does not report a material non-conformity within the agreed review period. Acceptance never waives statutory conformity rights, remedies, or latent defects.

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15. Changes, additional work, and project suspension

Any change to scope, design, functionality, integration, licence metric, or delivery method must be agreed in writing. The PFA may provide a revised price and schedule before performing additional work.

The PFA may suspend work if the Client does not provide required materials, approvals, access, or payment. If inactivity continues for more than 30 days, the PFA may close the project after written notice.

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16. Support, maintenance, hosting, and backups

Any included support period begins on final handover, publication, or another date stated in the Contract. Included support covers correction of verified issues within the agreed scope and does not include new features, content entry, redesign, third-party subscription costs, or issues caused by unauthorised changes.

After handover, the Client is responsible for updates, backups, security, monitoring, renewals, and recovery unless a separate maintenance agreement is active.

The PFA is not a hosting, domain, email, payment, or cloud provider merely because it assists with setup. Those services are supplied under the relevant provider’s terms and service levels.

The Client should keep at least one independent, tested backup of the Client Website or Cloud Application configuration. A backup supplied at handover is a snapshot and is not an ongoing backup service.

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17. Cloud-provider accounts, AWS costs, and external services

Unless expressly agreed otherwise, cloud resources are created in or transferred to an account controlled by the Client. The Client is responsible for account ownership, billing details, identity and access management, security settings, budgets, quotas, resource deletion, and all cloud-provider charges.

The AWS Cost Monitor or any similar application is a monitoring aid. It is designed to improve visibility and help identify unexpected cost increases; it does not guarantee that AWS charges, billing delays, free-tier limitations, credit exhaustion, account closure, or third-party pricing changes will be prevented.

Statements and links concerning AWS Free Tier, credits, pricing, account protections, or provider features are descriptive references to an external service and may change. The Client must verify current rules directly with AWS before relying on them.

The PFA is not responsible for outages, data loss, billing decisions, account suspension, discontinued features, regional limitations, provider security incidents, or changes made by AWS, a hosting provider, an API provider, or another external service, except to the extent caused by the PFA’s own breach or negligence and subject to mandatory law.

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18. Privacy and cookies

Personal data collected through the Website or in connection with enquiries, quotations, contracts, invoicing, delivery, and support is processed as described in the Website Privacy Statement. Cookies and similar technologies are described in the Cookie Statement and managed through the consent mechanism where required.

When a Client requests a Privacy Statement or Cookie Statement for a Client Website, the PFA may technically configure Cookiebot or another third-party service and place text generated from the Client’s declared website activities.

The PFA does not provide legal services and the Client remains responsible for accurately describing all processing, vendors, retention periods, legal bases, business activities, and data flows, including what happens after a visitor submits a form.

The Client is normally the controller of personal data processed through the Client Website after handover. If the PFA processes personal data on the Client’s instructions during hosting, maintenance, or support, the parties will enter into any data-processing terms required by applicable law.

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19. Confidentiality

Each party must protect non-public business, technical, financial, security, credential, and project information received from the other party and may use it only to perform or receive the contracted services.

Confidentiality does not apply to information that is public without breach, was lawfully known before disclosure, is independently developed, is received lawfully from a third party, or must be disclosed by law.

Access credentials, API keys, deployment packages, proprietary Cloud Application artefacts, and non-public Source Code information are confidential. The Client must notify the PFA promptly of suspected unauthorised access.

These obligations continue for five years after the relevant Contract ends, and for trade secrets for as long as they remain legally protected as trade secrets.

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20. Intellectual property on this Website

Unless otherwise stated, the Website’s original text, layout, branding, custom graphics, and original materials are owned by or licensed to the PFA and are protected by applicable intellectual-property laws.

Third-party names, trademarks, service icons, images, and software remain the property of their respective owners. Credits and third-party licence information are provided on the Website where appropriate.

AI-assisted illustrations may be identified for transparency. Such identification does not imply that the AI tool provider sponsors, endorses, or owns the Website.

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21. Notice and procedure for copyright infringement claims

A rights holder who believes that content on the Website infringes copyright or another intellectual-property right may send a written notice to contact@mihaiadam.com.

The notice should include:

• the claimant’s full name, contact details, and authority to act for the rights holder;
• identification of the protected work or right;
• the exact Website URL and a clear description of the allegedly infringing material;
• an explanation of the legal basis of the claim and, where available, evidence of ownership or licence;
• a good-faith statement that the disputed use is not authorised by the rights holder, its agent, or the law;
• a statement that the information supplied is accurate, and a physical or electronic signature.

The PFA may request additional information, temporarily restrict access, remove content, contact the content supplier, or restore content after review. This voluntary notice procedure is not a representation that any foreign statutory notice-and-takedown regime applies in Romania and does not limit legal rights or remedies.

Knowingly false, abusive, or misleading claims may cause loss and may be reported or pursued as permitted by law.

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22. Acceptable use of the Website and deliverables

Users must not:

• attempt unauthorised access, vulnerability exploitation, credential attacks, malware delivery, denial of service, or interference with the Website or any Deliverable;
• submit unlawful, defamatory, infringing, deceptive, discriminatory, threatening, or malicious content through forms or other channels;
• impersonate another person, misrepresent authority, or submit false contact or billing information;
• use a Cloud Application in breach of licence metrics, export controls, sanctions, provider rules, or applicable law.

The PFA may block or report abusive activity and may preserve relevant technical records where lawful and necessary for security, evidence, or compliance.

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23. Professional standard, conformity, and remedies

The PFA will perform services with reasonable professional care and skill and will supply Deliverables that materially conform to the accepted Contract.

For Consumers, mandatory rights relating to digital content, digital services, services, conformity, supply, updates, remedies, price reduction, contract termination, and reimbursement apply and cannot be excluded by these Terms.

Where Romanian consumer law applies to a Cloud Application or other digital content or digital service, the Consumer may be entitled to have non-conformity corrected, receive a proportionate price reduction, or terminate the contract in the circumstances provided by law. The PFA will provide necessary conformity and security updates for the period required by the contract and mandatory law.

A defect caused solely by an incompatible Client environment, failure to meet disclosed technical requirements, failure to install an update after clear notice, unauthorised modification, third-party intervention, or misuse is not attributable to the PFA to the extent permitted by law.

Any voluntary commercial guarantee will be stated separately. A commercial guarantee does not reduce mandatory legal conformity rights.

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24. Disclaimers

Except for express contractual commitments and mandatory rights, the Website and informational materials are provided for general information and may contain typographical errors, outdated third-party references, or temporary availability issues.

The PFA does not provide legal, tax, accounting, regulatory, cybersecurity-certification, or accessibility-certification services unless expressly agreed and lawfully permitted.

No software, website, plugin, theme, cloud system, or Internet service can be guaranteed to be continuously available, entirely secure, compatible with every future environment, or completely error-free.

Portfolio examples, estimates, expected benefits, cost-monitoring descriptions, and performance statements are not guarantees of specific commercial results, search ranking, sales, uptime, savings, or avoidance of cloud charges.

Nothing in these Terms excludes an express obligation in a Contract or a mandatory legal duty.

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25. Limitation of liability

To the maximum extent permitted by law, the PFA is liable only for direct, reasonably foreseeable loss caused by its proven breach of the applicable Contract.

For business Clients, the PFA is not liable for indirect, consequential, special, exemplary, or punitive loss; loss of profit, revenue, opportunity, goodwill, anticipated savings, data, or business interruption; or costs caused by third-party services, Client content, Client instructions, unauthorised changes, or failure to maintain backups.

For business Clients, and subject to the exclusions below, the PFA’s total aggregate liability arising from a specific Contract will not exceed the total price payable to the PFA under that Contract. For Consumers, any limitation applies only to the extent permitted by mandatory law and must not deprive the Consumer of an effective statutory remedy.

The liability cap and exclusions do not apply where prohibited by mandatory law, including liability that cannot lawfully be limited for fraud, willful misconduct, gross negligence where applicable, death or personal injury, or mandatory consumer conformity and reimbursement rights.

For Consumers, this Section applies only to the extent it is fair, transparent, and legally permitted and does not restrict any statutory remedy.

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26. Cancellation before completion

A business Client may cancel only in accordance with the Contract or with the PFA’s written agreement.

Cancellation does not transfer incomplete work, Cloud Application Source Code, or unpaid Deliverables unless the parties agree otherwise in writing.

Consumer withdrawal rights are addressed separately in Sections 27 and 28 and take precedence over this general cancellation clause.

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27. Consumer withdrawal rights

Where a Consumer concludes a distance or off-premises contract, the Consumer generally has 14 days to withdraw without giving a reason, subject to statutory conditions and exceptions.

For a service contract, the withdrawal period generally runs from contract conclusion. If the Consumer expressly requests performance during the withdrawal period and later withdraws before completion, the Consumer may owe a proportionate amount for the service supplied up to withdrawal, as permitted by law.

The right to withdraw from a paid service contract may be lost after the service has been fully performed only where performance began with the Consumer’s prior express consent and the Consumer acknowledged that the right would be lost after full performance.

For paid digital content not supplied on a tangible medium, the right of withdrawal may be lost when supply begins only if the Consumer gave prior express consent to begin during the withdrawal period, acknowledged the resulting loss of the withdrawal right, and received the legally required contract confirmation.

A Consumer may exercise withdrawal by sending any clear statement to contact@mihaiadam.com or the registered address. The model form in Annex 1 may be used but is not compulsory.

Where withdrawal is valid, refunds are made within the legally required period using the original payment method unless the Consumer expressly agrees otherwise and incurs no fee.

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28. Customised services and digital-content exceptions

Website Development is commonly customised to the Client’s instructions. Customisation alone does not automatically remove all Consumer withdrawal rights. The legal result depends on whether the contract is for services, digital content, digital services, or a combination, and on whether the required express consent and acknowledgements were obtained.

No clause in these Terms is intended to rely on an exception more broadly than mandatory law allows.

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29. Complaints, ANPC, and alternative dispute resolution

Clients should first send a complaint to contact@mihaiadam.com, identifying the relevant quotation or invoice, the issue, supporting evidence, and the requested solution. The PFA aims to acknowledge a complete complaint within 5 Business Days and provide a substantive response within a reasonable period.

Consumers may also contact the Romanian National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorilor - ANPC) and may submit an online consumer complaint through the official ANPC electronic-services portal.

ANPC website: https://anpc.ro

ANPC online complaint portal: https://eservicii.anpc.ro/Depune-Cerere

Consumers may seek alternative dispute resolution through the ANPC Alternative Dispute Resolution mechanism (Soluționarea Alternativă a Litigiilor - SAL), subject to its eligibility and procedural rules.

ANPC SAL portal: https://reclamatiisal.anpc.ro/Depune-cerere-SAL

Use of an alternative dispute procedure is voluntary unless applicable law or a binding individual agreement provides otherwise. The former European Commission Online Dispute Resolution platform has been discontinued and is therefore not listed as a current complaint channel.

Nothing in this Section prevents a Consumer from using a competent authority, an ADR entity, or a court as permitted by law.

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30. Accessibility

The PFA aims to make the Website reasonably usable across current desktop, tablet, and mobile devices and welcomes reports of accessibility barriers.

A visitor who cannot access information or use a Website feature may contact the PFA by email or phone and request the information in a reasonable alternative format.

Unless expressly included in a Contract, Website Development does not include a formal WCAG audit, certification, accessibility conformance statement, assistive-technology testing programme, or sector-specific accessibility legal assessment.

The Client remains responsible for accessibility obligations applicable to its own business and Client Website after handover. Mandatory accessibility rights and duties are not waived.

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31. Force majeure

Neither party is liable for delay or failure caused by an event beyond reasonable control, including widespread Internet or power failure, natural disaster, war, civil disturbance, epidemic, government action, major cyberattack, cloud-provider outage, labour disruption, or failure of a critical third-party service.

The affected party must notify the other party reasonably promptly and take reasonable steps to mitigate the effect. Payment obligations for work already performed and unavoidable third-party costs are not excused.

If force majeure materially prevents performance for more than 60 days, either party may terminate the affected unperformed part of the Contract by written notice, subject to mandatory law.

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32. Suspension and termination

The PFA may suspend performance or licensed use after written notice where the Client materially breaches payment, licence, security, confidentiality, acceptable-use, or legal obligations and does not remedy the breach within a reasonable stated period.

Immediate suspension or termination may occur where necessary to prevent unlawful conduct, serious security harm, intellectual-property misuse, sanctions breach, or material harm to third parties or infrastructure.

On termination, accrued payment obligations remain due. A paid perpetual Cloud Application licence survives ordinary contract completion but may terminate for material licence infringement that is not remedied after notice, subject to mandatory law.

Clauses concerning intellectual property, confidentiality, payment, liability, dispute resolution, and other provisions intended by nature to survive will continue after termination.

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33. Governing law and courts

These Terms and each Contract are governed by Romanian law, without prejudice to mandatory consumer protections that may apply under the law of the Consumer’s habitual residence.

The parties will first attempt in good faith to resolve disputes through direct written communication. Consumers may also use ANPC and SAL channels described above.

For business Clients, disputes that cannot be resolved amicably are submitted to the competent Romanian courts at the PFA’s registered office, unless the Contract validly provides otherwise.

For Consumers, jurisdiction is determined by mandatory consumer and procedural law; these Terms do not require a Consumer to litigate in a court that the law does not permit.

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34. General provisions and changes to these Terms

If a clause is invalid or unenforceable, it will be limited or replaced only to the extent necessary, and the remaining provisions remain effective.

Failure or delay in enforcing a right is not a waiver. A waiver must be clear and applies only to the specific instance.

The Client may not transfer a Cloud Application licence or Contract without the PFA’s prior written consent, except where mandatory law provides otherwise. Transfer of a completed Client Website is governed by Section 8 and its Third-Party Component licences.

The PFA may use subcontractors while remaining responsible for its own contractual obligations and ensuring appropriate confidentiality and data-protection arrangements.

The PFA may update these Website Terms for future enquiries and contracts. The version accepted for an existing Contract continues to govern that agreement unless the parties accept a change or mandatory law requires otherwise.

Headings are for convenience. “Including” means “including without limitation”. Singular and plural include each other where context permits.

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35. Cloud Application Security and External Communications

Cloud Applications supplied by the PFA are designed not to transmit Client Data, credentials, telemetry, or usage information to the PFA or to undisclosed third parties unless such communication is expressly described and accepted in the applicable Licence Order or Security and Data-Flow Specification.

The specific authorised network communications, AWS services, external endpoints, and data categories for each Cloud Application are identified in the individual contractual documentation. Communications caused independently by the Client’s operating system, cloud provider, Third-Party Components, Client configuration, or unauthorised modifications are outside this commitment.

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36. Contact and notices

Contractual notices, complaints, copyright claims, withdrawal notices, and accessibility requests may be sent to:

Email notices are considered received when accessible in the recipient’s mailbox, provided the sender does not receive a delivery-failure message. A party should retain a copy and supporting evidence.

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Annex 1. Model consumer withdrawal form

Complete and return this form only if you wish to withdraw from an eligible distance or off-premises contract.

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Annex 2. Cloud application licence summary

End of Terms and Conditions - Version 1.3, effective 1 August 2026.

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