Terms and Conditions - Shield Service

1. Definitions

• Shield Service: the website security service provided by the Provider, in the Minimum Package, Shield (monthly or annual) and Shield Pro plans.
• Covered Website: the website designated by the Client and taken into the service.
• Security Incident: the compromise, infection, unauthorized access, or unavailability of the Covered Website due to security causes.
• Backup: a safety copy of the Covered Website, created as a preventive measure.

2. Scope of the service

2.1. The Provider delivers the services in the chosen plan, as described on automaite.ro at the time of purchase.

2.2. The Minimum Package is a one-time remediation of the issues identified during the assessment. It does not include prevention or ongoing maintenance.

2.3. Shield (monthly/annual) includes the initial remediation, then ongoing prevention and maintenance, strictly on the security side (protection, security updates, monitoring, backup and incident response), as described in the plan. The service does not include design, UI/UX, content or new functionality changes.

2.4. Shield Pro includes rebuilding the website on modern infrastructure, as individually agreed.

2.5. The service does not include, unless expressly agreed in writing: design, interface or user experience (UI/UX) changes, development of new functionality, content changes, recovery of data lost before onboarding, the Client's hosting costs (except for Shield Pro), support for third party software, or remediation of issues caused by actions of the Client or of third parties.

3. Nature and limits of the service

3.1. The Provider's obligation is an obligation of means, not of result. The Provider undertakes to apply all reasonable professional diligence, not to guarantee a specific outcome.

3.2. The security of a website cannot be guaranteed 100%. New vulnerabilities, including ones not publicly known at a given time, new attack methods, and risks that depend on factors outside the Provider's control, arise continuously.

3.3. The Provider does not guarantee that the Covered Website will not be compromised, infected or unavailable, and does not guarantee the prevention of infection or reinfection.

3.4. The service is provided as is, and the Provider offers no implied warranties regarding the fulfillment of the Client's specific requirements.

4. Provider obligations

4.1. To perform the services in the chosen plan with professional diligence.

4.2. To apply the security measures, updates, monitoring and, where applicable, the backup described in the plan.

4.3. In the event of a covered Security Incident, to act for remediation in accordance with section 6.

4.4. To keep a reasonable record of the actions performed.

5. Client obligations and responsibilities

5.1. To provide the necessary access and maintain it for the duration of the service.

5.2. Not to make, directly or through third parties, changes that affect the security of the Covered Website (for example installing plugins or themes from unsafe or pirated sources, configuration changes, disabling installed protections).

5.3. To follow the Provider's security recommendations, including enabling two factor authentication and securely managing their own credentials.

5.4. To keep their own copies of essential data. The backup made by the Provider is a preventive measure, not a guaranteed archive, and does not replace the Client's responsibility over their data.

5.5. To notify the Provider without delay upon noticing a possible Security Incident.

5.6. The Client remains responsible for the content, operation and legal compliance of the Covered Website.

6. Remediation guarantee

6.1. If the Covered Website is compromised during an active Shield subscription, the Provider remediates it (cleanup, restore from backup where available, bringing it back online) at no additional cost, as the primary remedy.

6.2. The remediation guarantee applies only if, cumulatively: (a) the website was taken into the service before the incident and was not brought in already compromised without being declared; (b) the incident was not caused by an action of the Client or of a third party authorized by the Client; (c) the Client followed the security recommendations in section 5; (d) the subscription was paid up to date at the time of the incident.

6.3. The remediation guarantee does not cover: data lost before onboarding, incidents caused by third party software or services outside the Provider's control, force majeure, or situations where the access needed for remediation was not made available.

6.4. The remedy set out in this section, together with sections 7 and 8, replaces any other form of compensation.

7. Refund policy

7.1. The Client may request a full refund within 30 days of subscription activation, provided they have not already requested a major remediation intervention during that period.

7.2. Outside the situation in 7.1, if the Provider fails to deliver an essential result promised in the plan, the Client's sole and exclusive remedy is, at the Provider's choice, redoing the work or refunding the amount for the period concerned. This remedy may be invoked only once.

7.3. The Client may cancel the subscription at any time. Cancellation stops future renewals. Amounts for a period already paid and not used are refunded in proportion to the remaining period.

7.4. Otherwise, amounts paid are non-refundable.

8. Limitation of liability

8.1. To the extent permitted by law, the Provider's total liability to the Client, from any cause related to the service, shall not exceed the total amount paid by the Client in the last 3 months before the event giving rise to the claim.

8.2. The Provider is not liable for indirect or consequential damages, including but not limited to: loss of profit or revenue, loss of data, business interruption, loss of clients or reputation, and third party claims.

8.3. The limitations in 8.1 and 8.2 do not apply to the extent the law does not allow, in particular in cases of intent or gross negligence of the Provider.

9. General exclusions

The Provider is not liable for events outside its reasonable control, including: force majeure, actions or failures of the hosting provider or other third parties, vulnerabilities not publicly known at the relevant time, content published by the Client, and the behavior of third party software or services.

10. Indemnification

The Client shall indemnify and defend the Provider against any third party claims arising from the Client's content, activity or breaches in connection with the Covered Website.

11. Data, backup and confidentiality

11.1. The Provider processes the data it has access to solely for providing the service, in accordance with the Privacy Policy.

11.2. The backup is stored off-site, encrypted, on infrastructure within the European Union, managed by the Provider and not accessible from the website.

11.3. Access credentials are treated confidentially. After onboarding, the Provider generally uses its own administration account, and the Client changes their initial credentials.

12. Term, renewal, termination

12.1. The Shield subscription renews automatically at the chosen interval, until cancellation.

12.2. Either party may terminate the service with reasonable prior notice. Upon termination, protection and monitoring cease, and the risk returns to the Client.

13. Claim period

Any claim related to an incident must be communicated to the Provider within 3 months of the incident date, under penalty of forfeiture, to the extent permitted by law.

14. Changes to the terms

The Provider may update these terms. The applicable version is the one in force at the date of purchase or renewal.

15. Governing law

The contract is governed by Romanian law. Disputes are settled by the competent courts at the Provider's registered office, to the extent permitted by law.

16. Acceptance

By initiating payment for a plan, the Client confirms that they have read and accepted these Terms and Conditions.