(Last updated: May 11 2025)
1.1. This document (the “Agreement”) sets forth the general terms and conditions governing the use of our website and the provision of web design services and related services by SMILESIM SRL ("SmileSIM", "the Company", "we", "our", "us") to the Client ("the Client", "you", "your").
1.2. By using our website, accepting a service quote, and/or contracting our services, you confirm that you have read, understood, and agree to the terms and conditions of this Agreement.
2.1. SmileSIM offers premium web design services tailored to the dental industry, including but not limited to:
2.2. The specifications of each service package are detailed on the “Services” page of website.smilesim.com.
3.1. Providing Content
The Client is responsible for providing all necessary content (texts, images, logos, video files, etc.) and guarantees ownership of all required rights and compliance with applicable laws.
3.2. Feedback and Approvals
The Client must provide feedback and approve project stages within 3–5 business days for each stage. Delays in feedback may affect delivery timelines.
3.3. Collaboration
The Client agrees to actively collaborate with SmileSIM to ensure the effective execution of the project.
3.4. Payment
The Client must make payments in accordance with the deadlines stated in the invoices issued by SmileSIM.
4.1. Advance Payment
The Client must pay the full project amount in advance before work begins.
4.2. Payment Methods
Payments must be made via bank transfer (wire transfer) to the bank account specified on the invoice.
4.3. Refund Policy
Given that the services provided are custom-tailored and require the allocation of specific resources per project, the Client understands and agrees that all payments to SmileSIM are non-refundable, except in the case where SmileSIM cancels the project without fault from the Client. In such a case, a refund will be issued based on the progress of the work and costs incurred.
4.4. Additional Costs
Additional services requested by the Client that fall outside the scope of the original project may incur extra charges. These costs will be communicated to the Client before implementation.
4.5. Features that rely on third-party services (e.g., Google Maps, Google reCAPTCHA, payment gateways or other integrations) may require API keys issued in the Client’s name and may incur additional fees (usage charges, subscriptions, exceeding free quotas). All such costs are borne exclusively by the Client, and any failure to pay them may impact the availability or performance of the corresponding feature without SmileSIM being held liable.
5.1. Transfer of Rights
Upon full payment, SmileSIM grants the Client usage rights for the finalized website, for internal use only.
5.2. Restrictions
Without written consent from SmileSIM, the Client is not allowed to:
5.3. Pre-existing Elements
SmileSIM may use themes, plugins, open-source software, or other pre-existing elements, whose rights remain with the respective third-party providers.
5.4. SmileSIM’s Right to Use the Website in Portfolio
The Company reserves the right to include the completed website in its public portfolio.
6.1. The Company will not disclose the Client’s Confidential Information without written consent, except as required by law.
6.2. At the Client’s request, a separate Non-Disclosure Agreement (NDA) can be signed.
7.1. Included Minor Revisions
The contracted service package includes a reasonable number of minor revisions.
7.2. Major Revisions
Major modifications will be billed separately, according to costs communicated to the Client.
8.1. This Agreement remains in effect as long as the Client uses SmileSIM’s services and website.
8.2. If the Client signs a Service Agreement, all matters related to termination are governed by that contract.
8.3. SmileSIM reserves the right to suspend or terminate the Client’s access to services in the event of a breach of this Agreement, the Service Agreement, or any other applicable contractual/legal documents.
8.4. Termination of this Agreement shall not affect any rights and obligations that by their nature should survive, including but not limited to provisions on confidentiality, intellectual property rights, and limitation of liability.
9.1. SmileSIM provides services “as is” and “as available”, with no express or implied guarantees regarding performance, compatibility, or commercial results.
9.2. SmileSIM is not liable for:
9.3. To the fullest extent permitted by law, SmileSIM’s total cumulative liability for any claims relating to the Services will not exceed the amount paid by the Client to SmileSIM in the past 12 months or €200, whichever is lower.
10.1. This Agreement is governed by the laws of Romania.
10.2. Any dispute arising from or in connection with this Agreement will first be resolved amicably through direct negotiations.
10.3. If no resolution is reached within 30 days from official notice, the dispute shall be resolved by the competent Romanian courts.
11.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a competent court, that will not affect the validity and enforceability of the remaining provisions.
11.2. If a clause is declared null, the parties shall reasonably cooperate to replace it with a valid provision that best reflects the initial economic and legal intent.
11.3. Failure by SmileSIM to enforce a right or provision immediately shall not be deemed a waiver of that right or provision.
12.1. When you visit the website, use SmileSIM services, or send emails to SmileSIM, you communicate electronically.
12.2. You agree to receive communications from SmileSIM electronically, including via email or website notifications.
12.3. You agree that all agreements, notices, disclosures, and other communications provided by SmileSIM electronically fulfill legal requirements as if in written form.
13.1. SmileSIM may update this Agreement from time to time by publishing the revised version on its website. If changes are significant, we will notify you via email or our website. By continuing to use our website and services, you agree to the latest version of this Agreement.
14.1. For any questions, you can reach us through the contact section of our website at website.smilesim.com.
15.1. Company Name: SMILESIM S.R.L.
Company Registration Number (CUI): 44298236
Trade Registry No.: J40/8803/19.05.2021
Address: Romania, Bucharest
