General Provisions

Service Provider Information

Name: Mark Farkas Sole Proprietor
Address: Budapest, Hungary
Tax Number: 90990319-1-43
Email: info@markfarkas.hu
Phone: +36 30 371 5204
Website: https://markfarkas.hu

Scope and Applicability

These Terms of Service (ToS) apply to all IT services provided by Mark Farkas Sole Proprietor, including website development, software development, IT consulting and related services.

Modification of Terms

The Service Provider reserves the right to unilaterally modify these Terms of Service. We will notify Clients of changes through the website or by email. Changes take effect 15 days after publication.

Last Update

These Terms of Service were last modified on: January 27, 2025.

Contract Formation

Quote Request

The Client may request our services through the website, by email or by phone. The quote request does not oblige the Service Provider to enter into a contract.

Quote and Acceptance

The Service Provider sends a written quote containing the detailed description of the service, deadlines and pricing. The contract is formed upon written acceptance by the Client.

Project Specification

For each project, we prepare a detailed specification containing the exact description of the service, expected results, deadlines and costs. This document is part of the contract.

Change Management

Change requests arising during the project must be reported in writing. Additional costs and deadline changes for modifications are discussed and approved in advance with the Client.

Service Details

Website Development

Creating responsive, modern websites that work optimally on all devices. The service includes design, development, testing and deployment to live systems.

Custom Software Development

Development of custom software tailored to business needs. The process includes requirements analysis, design, development, testing and documentation.

IT Consulting

Supporting technology decisions, system architecture planning, performance optimization and leading digital transformation projects.

Maintenance and Support

Continuous technical support, system updates, security patches and performance optimization even after project delivery.

Performance and Deadlines

Project Plan and Milestones

For each project, we prepare a detailed project plan with milestones. Deadlines are determined based on project complexity and Client cooperation.

Client Cooperation Obligation

The Client is obliged to provide necessary content elements, images, texts and other materials on time. Client delays may modify project deadlines.

Testing and Delivery Process

We present the finished project in a test environment. The Client can report any objections within 5 working days. After acceptance, deployment to the live system takes place.

Force Majeure

The Service Provider cannot be held responsible for delays that are the result of force majeure events (internet disruptions, server outages, etc.).

Pricing and Payment Terms

Prices and Quotes

Prices are in Hungarian Forints, including VAT. Quotes are valid for 30 days unless otherwise indicated. Prices may vary depending on project complexity.

Payment Schedule

For larger projects, installment payment is possible: 50% down payment at contract signing, 50% at project delivery. For smaller projects, 100% advance payment is required.

Payment Deadline

Invoice payment deadline is 8 days. In case of late payment, late payment interest may be charged at twice the current central bank base rate.

Refund Policy

After project commencement, paid amounts are refundable only in special cases, exclusively due to Service Provider's fault. Detailed conditions are negotiated separately.

Copyright and Licenses

Source Code Ownership

Copyright of developed custom code transfers to the Client after full payment. Original license terms of third-party components remain in effect.

Used Technologies

We may use both open-source and commercial technologies in projects. We inform the Client about used licenses and their terms.

Portfolio Usage

The Service Provider is entitled to present completed works in their portfolio, references and marketing materials, unless the Client prohibits this in writing.

Third Party Content

The Client is responsible for ensuring that provided content (images, texts, logos) does not infringe third-party copyrights. In case of infringement, the Client is liable for damages.

Warranty Terms

Warranty Period

Website development comes with a 6-month warranty from delivery. Warranty repairs are free if the error stems from Service Provider's fault.

Warranty Coverage

Functionality errors, compatibility issues, performance problems, provided they do not result from Client or third-party intervention.

Warranty Exclusions

Not covered by warranty: server/hosting problems, third-party service changes, consequences of Client-made modifications.

Bug Fixing Process

Bugs are reported in writing by email. For critical bugs, we respond within 24 hours, for other bugs within 5 working days and begin fixing.

Liability and Damages

Service Provider Liability

Service Provider liability is limited to the flawless performance of services specified in the contract. The upper limit of liability for damages is 100% of the project value.

Client Liability

The Client is responsible for the legality of provided content elements and active participation in the project. Must provide necessary access rights.

Exclusion of Indirect Damages

The Service Provider assumes no liability for indirect damages, lost profits, or business interruption, except as mandatorily required by law.

Data Security

The Service Provider takes necessary technical measures to protect data, but assumes no liability for consequences of external attacks or force majeure events.

Contract Termination

Ordinary Termination

Either party may terminate the contract in writing with 30 days' notice. Fees for work performed until termination are payable.

Extraordinary Termination

In case of serious breach of contract (e.g. payment delay exceeding 30 days), immediate termination is possible. Fees for work already performed are still payable.

Project Handover Upon Termination

Upon contract termination, the Service Provider is obliged to hand over work and materials completed so far, provided payment is settled.

Fair Cooperation

Upon contract termination, both parties are obliged to cooperate fairly in project closure, keeping client interests in mind.

Data Processing and Confidentiality

Trade Secret Protection

The Service Provider undertakes to protect the Client's trade secrets. We do not share confidential information learned during the project with third parties.

Personal Data Processing

Personal data processing occurs according to current data protection regulations. Detailed information is available in the Privacy Policy.

Duration of Confidentiality Obligation

The confidentiality obligation remains in effect even after contract termination, indefinitely, or until information becomes publicly known.

Data Security

We apply appropriate technical and organizational measures for secure storage and handling of project data.

Force Majeure and Extraordinary Circumstances

Force Majeure Events

Force majeure includes all circumstances beyond the parties' control: natural disasters, war, pandemic, government measures, etc.

Technical Obstacles

This includes disruptions in internet and telecommunications networks, server outages, third-party service failures.

Consequences

In case of force majeure events, performance deadlines are extended by the duration of the force majeure. No liability for damages exists.

Notification Obligation

In case of force majeure, we notify the Client within 48 hours of becoming aware and jointly seek solutions.

Dispute Resolution and Legal Enforcement

Peaceful Dispute Resolution

In case of disputed issues, we primarily strive for peaceful settlement. We initiate written consultation procedures when disputes arise.

Alternative Dispute Resolution

In case of unsuccessful consultation, mediation or arbitration procedures are possible, based on mutual agreement of both parties.

Court Proceedings

For litigation procedures, the Budapest Metropolitan Court has exclusive jurisdiction. Hungarian law applies.

Consumer Protection

In case of consumer contracts, the consumer may also turn to the court of their residence and may use consumer protection services.

Final Provisions

Applicable Law

Hungarian law applies to these Terms of Service and resulting legal relationships, with particular regard to the Civil Code and relevant sectoral legislation.

Partial Invalidity

If any provision of these Terms of Service proves invalid, it does not affect the validity of other provisions. The parties modify the invalid provision in accordance with law.

Written Form

Modifications to these Terms of Service and resulting obligations are valid only in written form. Email is considered written form.

Contact

For questions regarding these Terms of Service, we are available at the provided contact information for further clarification and consultation.

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