These General Terms and Conditions of Business (T&Cs) govern all consulting contracts executed and all other services rendered by iGaming Express. They’re also applicable when iGaming Express functions as an external data protection officer.
Unless expressly specified otherwise, these T&Cs form an integral part of all contracts. They also apply to future business engagements with the customer, without needing any additional explicit inclusions.
Any variations to these T&Cs, including the customer’s business terms and conditions, or modifications or supplements to these T&Cs are valid only if acknowledged in writing by iGaming Express. This remains applicable even if there is no express objection to the inclusion of the customer’s terms and conditions.
II. Contractual Content
iGaming Express is obliged to deliver the services defined in the individual agreement or contract award confirmation. However, it does not guarantee specific results, especially the achievement of projected outcomes.
If the consultancy service delivery requires a written format, such written declarations are binding. Any verbal communication by iGaming Express’s employees unrelated to the contract is non-binding.
iGaming Express may employ third-party experts to fulfill its obligations.
If there’s any change in the actual circumstances after the provision of consultancy services and iGaming Express becomes aware of it, iGaming Express isn’t obliged to inform the customer about this change or its consequences.
Unless the parties agree otherwise, iGaming Express is permitted to use the customer’s name and logo for its own promotional activities (e.g., on its website, marketing materials, and other presentations).
III. Role as an External Data Protection Officer
If iGaming Express is engaged as an external data protection officer, it will deliver services as outlined in the GDPR. iGaming Express assures that it has the necessary expertise and reliability for this role. As an independent data protection officer, iGaming Express will ensure data protection compliance and adherence to data protection laws. It will also serve as the point of contact for all data protection issues and assist the customer in implementing data protection measures upon request.
iGaming Express will proactively and regularly update the customer about the latest developments in data protection laws and various national and international organizations.
Upon request, iGaming Express will prepare the annual audit report as required by law. It will also provide consultation and assistance for setting up an optimized data protection management system. iGaming Express will also offer advisory and support services for coordinating and monitoring data protection and data backup measures in accordance with the GDPR.
iGaming Express, upon request, will conduct training sessions for employees who process personal data on the requirements of data protection.
iGaming Express will compile the procedure index required by the GDPR and ensure that the customer can provide the necessary information on the responsible administrative body and the public procedure index as required by law.
iGaming Express agrees to provide a skilled and confidentially bound employee for this purpose. iGaming Express reserves the right to substitute this employee with another equally competent individual at any time.
IV. Agreed Dates and Warranty
Unless explicitly confirmed in writing, any agreed dates are typically non-binding and serve only as an estimated time frame for the provision of services. If a written confirmed service from iGaming Express is delayed beyond the provided time frame, any rights resulting from such delay become enforceable only after a written grace period of at least three weeks has passed, and after a written warning of non-acceptance of the service has been issued.
If iGaming Express carries out work as part of its contractual obligations, the customer must promptly inspect the delivered/commissioned items and notify iGaming Express in writing about any noticeable defects within 14 days and about any hidden defects immediately upon discovery. In such an instance, iGaming Express’s warranty obligations shall comply with the relevant statutory provisions.
iGaming Express is entitled to trust the customer’s description of the facts to be complete and accurate. It will only verify such description if it’s apparent that inaccuracies exist.
The provision of consultancy services by iGaming Express does not entail any protective effect for third parties. If a third party nevertheless files a damage claim against iGaming Express, Section IX applies.
iGaming Express is obliged to keep all of the customer’s business secrets confidential that it becomes aware of during their collaboration.
V. Copyright, Usage Rights, and Ownership
All drafts, concepts, and works created by iGaming Express are protected by copyright under the Romanian Copyright Act (Law 8/1996), even if they don’t fulfill its requirements. Hence, none of the work done by iGaming Express can be used or processed for any other purpose than the contractual one without iGaming Express’s consent.
If a title transfer occurs, the geographical, temporal, and substantial scope of the transfer will be governed solely by the contractual terms or the contractual purpose; the Romanian Copyright Act applies correspondingly. The title will only pass to the customer once the entire contract performance fee has been fully paid.
iGaming Express should be acknowledged as the creator/developer in any publications, particularly in the context of internet domains.
Ownership of the work product produced by iGaming Express only transfers to the customer once the total contract performance fee has been fully paid.
VI. Non-Compete Clause and Confidentiality
iGaming Express commits to informing the customer of any potential competitive conflicts with other companies and, if requested, agrees to a non-compete clause for iGaming Express concerning product and service ranges to be individually determined.
iGaming Express commits to keeping all confidential information it learns of during the contract execution confidential.
The customer must avoid any actions that could jeopardize the independence of iGaming Express’s employees. Hence, the customer commits not to hire or employ in any other way any iGaming Express employees entrusted with the project under the consulting agreement, or to make any corresponding job offers, during the contract term and for 24 months afterward.
VII. Invoices and Offsetting
The agreed prices are subject to the statutory VAT rate.
Invoices are payable in full immediately upon receipt. Interest will be charged at the statutory rate after 14 days from the invoice date.
Offsetting any counterclaims or enforcing any right of retention is only permissible if the customer’s claims are undisputed or legally established.
VIII. Payment Terms
If a fixed remuneration is not agreed upon, invoices will be calculated based on iGaming Express’s daily rates and the actual amount of work performed. The daily rate is based on an 8-hour workday. Each hour or portion of an hour will be billed at 1/8th of the daily rate. Overtime hours will have an additional charge.
Any expenses related to the contract execution will be the customer’s responsibility, given they approved them beforehand. iGaming Express will, wherever possible, use the most cost-effective transportation.
IX. Third-party Expenses
Unless a lump-sum agreement is in place, iGaming Express will be reimbursed separately for any third-party and incidental expenses, such as costs for hiring third-party experts, telephone, fax, and courier services, etc.
iGaming Express has the right to outsource any services required for contract performance to third parties on behalf and for the account of the customer. However, such outsourcing requires the customer’s prior approval.
X. Liability and Delivery
For damages due to ordinary negligence, iGaming Express’s liability will be limited to the total contract value. A damage event includes all claims from all claimants resulting from the same service. iGaming Express is not liable for damage, caused by ordinary negligence, which was neither foreseeable nor typical for the contract type. If the customer desires broader insurance coverage, they should inform iGaming Express, and will bear any costs associated with such coverage, if it can be obtained.
The customer assumes the risk of any original document delivery. This applies even if the delivery occurs within the same area as iGaming Express, or by its employees or vehicles. iGaming Express is allowed, but not obligated, to secure insurance for deliveries made on behalf and for the account of the customer.
All damage claims will expire after 2 years from the date the damage becomes known.
If iGaming Express provides legal opinions, or assists in providing data protection seals of approval on behalf of the customer, the customer acknowledges that these opinions reflect iGaming Express’s professional view and are not guarantees that a court or a (data protection) agency would reach the same conclusions. If these institutions arrive at different conclusions, iGaming Express bears no liability, particularly for any financial loss incurred by the customer.
XI. Contract Duration and Termination
The contract duration will be governed by the terms in the individual agreement and/or contract award confirmation.
Termination must be done in writing.
If a fixed contract duration is agreed upon, early termination of the contract on ordinary grounds is not permitted. The right to terminate the contract for good cause remains unaffected.
XII. Final Provisions
The place of fulfillment for delivery and payment, and the jurisdiction for disputes between the contractual parties, will be Cluj Napoca, Romania, if the contractor is a businessperson, a legal entity under public law or a special fund under public law. The jurisdiction will also apply to persons not specified above if the customer doesn’t have a general jurisdiction place within Romania, moves his residence and/or place of business abroad immediately after the contract conclusion, or his domicile and/or place of business or regular residence is unknown at the time the action is filed.
If individual clauses are invalid, it will not affect the rest of the agreement. An invalid clause will be replaced, as far as possible and by supplementary contract interpretation, with a clause that reflects its original intent most closely.
Unless otherwise specified by the parties, any contract with foreign contractors will be subject to Romanian law.
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