Effective Date Dec 1, 2025
These Terms Of Service contain the general provisions that apply to contracts concluded with W360 OÜ (Sepapaja tn 6, 15551 Tallinn, Estonia, Represented by: Péter Szilvágyi-Szeli, Board Member, Registry Code: 17372488, EU VAT Number: EE102925821) as the exclusive operator of the W360º Branding Agency for strategic consulting, design, web development, programming, web hosting, digital marketing and other related services.
Where these Terms Of Service refer to the Service Provider, the obligations and rights shall apply to the exclusive operating company.
The Service Provider’s Customer Contact Details
Phone: +36 30 498 4696 / Email: [email protected] / Website: webber360.com
1. Definition Of Terms
For the purposes of these Terms Of Service, the following terms have the following meanings:
(1) Service Provider – W360 OÜ (Sepapaja tn 6, 15551 Tallinn, Estonia, Represented by: Péter Szilvágyi-Szeli, Board Member, Registry Code: 17372488, EU VAT Number: EE102925821)
(2) Customer – who enters into a Contract with the Service Provider on the terms and conditions set out in the Online Proposal or the Quotation and Order Document, as well as in these Terms Of Service.
(3) MyW360 – an online membership platform operated by the Service Provider and reserved for Customers, which is used to carry out tasks related to Customers’ orders. Customer Portal can be accessed at: https://webber360.com/myw360/
(4) Online Proposal – an online service proposal made by the Service Provider on the Customer Portal
(5) Online Order – acceptance of an online service offer made by the Service Provider on the MyW360 interface and ordering on the MyW360 interface. The Online Order and its confirmation by email from the Service Provider, together with the terms and conditions set out in these Terms Of Service, create a contractual relationship between the Parties.
(6) Price Quote And Order – an order document signed by the Customer and confirmed by the Service Provider, which, together with the terms and conditions set out in these Terms Of Service, creates a contractual relationship between the Parties.
(7) Website – a website, webshop, web portal or any other web-based application designed, programmed and developed by the Service Provider.
2. Establishment Of The Contractual Relationship
(1) The Service Provider undertakes to prepare an Online Proposal or a Quote and Order for the Customer based on the service requirements and data provided by the Customer. In doing so, it provides detailed information about the commercial and service terms and conditions of the offer. The Service Provider is bound by the offer for 15 days after sending the offer.
(2) The contract, as a legal statement, can be concluded between the Customer and the Service Provider verbally, in writing and by referring to it. The order can be concluded in all three ways in accordance with the current terms and conditions of the Service Provider. If the Service Provider creates or uses a copyrighted work based on the Customer’s order, a written contract must be concluded between the parties for this work and its use.
(3) If the Service Provider needs to act on behalf of the Customer in the course of the intellectual product or intellectual and advertising activity ordered by the Customer, the written authorization authorizing this is also considered by the Parties as the Customer’s offer to conclude the order.
(4) The Service Provider makes these Terms Of Service available to the Customer in a way that allows the Customer to store the Terms Of Service and to later recall them with unchanged content. The Online Order or the Quote and Order Document form an inseparable part of the Terms Of Service and together create a valid contractual relationship. Depending on the type of service(s) ordered, the Customer enters into a contractual relationship with the legal entity that directly provides the given service(s) to the Customer. The Service Provider will inform the Customer about this in advance and accurately in the Online Proposal or in the Quote and Order Document.
3. Web Development Service
3.1 Subject of the service, content of the contract
(1) The Service Provider undertakes to develop a web development and/or service offer (Online Proposal or Quote and Order Document) for the Customer based on the service requirements and data provided by the Customer. In doing so, it provides detailed information about the commercial terms and conditions of the offer.
(2) By sending the Online Proposal or signing the Quote and Order Document, the Customer entrusts the Service Provider with the preparation or execution of the individual website, application or other intellectual or advertising activity undertaken in the quote issued by the Service Provider.
(3) The Online Proposal or Quote and Order Document does not extend to the contribution to the fulfillment of the Customer’s obligation to pay service fees to third parties (e.g. payment gateway service providers, banks, etc.) engaged by the Customer during the development of the website or software.
(4) In order to fulfill the order, the Service Provider is entitled to process the Customer’s personal data and transfer it to a third party – to the extent necessary – if the Customer has expressly consented to this in advance. This provision does not affect data processing and data storage that is lawful or mandatory under the law even without a declaration.
(5) The Service Provider is solely responsible for the proper functioning of the websites and applications developed by it for the Firefox, Google Chrome, Internet Explorer, Opera and Safari desktop browsers, and for responsive websites for the corresponding iOS and Android browsers, including those versions that were present on the market when the website was created. The Service Provider does not guarantee compatibility with browsers and versions that appear on the market after the website is created, however, in addition to the fees included in the current fee schedule, the Service Provider undertakes to make the Website compatible with the browser.
3.2 Rules Related To The Conclusion, Performance And Termination Of The Contract
(1) The Service Provider undertakes to prepare an Online Proposal or a web development and/or service quote for the Customer under the title of Quote and Order based on the service requirements and data provided by the Customer. In doing so, it provides detailed information about the commercial terms and conditions of the offer.
(2) The Customer acknowledges the Terms Of Service as binding upon him by placing an Online Proposal equivalent to accepting the Online Proposal or by signing the Quote and Order Document.
(3) The contract shall be deemed to have been concluded when and where the Customer’s declaration of acceptance (indicative conduct) of the Service Provider’s offer reaches the Service Provider, or he becomes aware of it in a manner that excludes doubt.
(4) In the event of modifications and additions requested by the Customer during the service period, the Service Provider reserves the right to modify the commitment deadline and the development price, but informs the Customer about these before the start of the developments. In the event of a modification request, the Service Provider shall notify the Customer within 3 working days of the Customer’s written notification of the modification request to what extent the modification will affect the development time and fee, and the Customer shall confirm within 3 working days of receiving the feedback that it accepts the Service Provider’s offer or wishes to continue the development according to the content of the original contract.
(5) If the service performance deadline agreed upon by the Service Provider has expired, but the Service Provider has not completed the undertaken task by the deadline for reasons within its own responsibility, the Customer has the right to withdraw from the contract by making a statement to the Service Provider. In this case, the Service Provider has no claims against the Customer.
(6) In the event of termination of the contractual relationship before delivery, if it is initiated by the Customer and the delivery deadline agreed upon by the Service Provider has not yet expired, the Customer is obliged to pay the Service Provider for the work performed up to that point in proportion to delivery, according to the current hourly rates.
(7) The contractual relationship is concluded by the Parties for a fixed period. From the date of conclusion of the contract with the Service Provider and the commencement of contractual performance by the Service Provider until the website, application or other service agreed upon in the Online Proposal or the Quote and Order Document is completed, and until the Customer pays the remuneration agreed upon in the Online Proposal and the Quote and Order Document to the Service Provider or a third party commissioned by the Service Provider.
3.3 Liability Of The Service Provider
(1) The Service Provider shall act in a prepared manner during its activities, to the best of its professional knowledge, and in compliance with professional rules at all times. The Service Provider shall be liable for any failure to comply with this obligation and shall be obliged to correct any service provided incorrectly by its employees within the shortest possible time interval, free of charge.
(2) If the Service Provider undertakes an assignment with terms more favourable to the Customer than its current list prices, then, in view of this discount, its liability for damage caused to the Customer’s user property and for any lost profits shall not exceed the amount of the assignment fee.
(3) In the event of failure to meet the development deadline forecasted during the creation of its custom-developed software and websites, the Service Provider shall pay the Customer the penalty specified in the Online Proposal or the Quote and Order Document, provided that the development task does not change during the development time interval. In the event of modifications and additions requested by the Customer during the development period, the Service Provider reserves the right that these demands may also modify the commitment deadline and the development price.
(4) The Service Provider is only obliged to pay the penalty resulting from late performance if the Customer does not terminate the contractual relationship, or if the Customer terminates the contractual relationship but has paid the Service Provider’s service fee to the Service Provider up to and including the date of termination of the contractual relationship.
(5) The Service Provider is not liable for any damages caused by the Customer in the Website developed by it in a manner attributable to the Customer.
3.4 The Customer’s Obligation To Disclose And Notify Changes
(1) The Customer is responsible for the accuracy of the data provided by the Customer in the Online Proposal or in the Quote and Order Document. The Customer is obliged to enable the Service Provider to verify the data provided. The Service Provider’s ability to verify does not exempt the Customer from the obligation to disclose.
(2) The Customer is obliged to immediately notify the Service Provider of all changes that affect the use of the service. The Service Provider is not liable for any damages or disadvantages arising from the failure to disclose or the violation of the obligations to disclose or notify changes.
(3) The Service Provider shall accept the modification of the order by the Customer if it is received within a reasonable time within the performance deadline and there are no technical, economic or capacity obstacles to it compared to the contents of the Online Proposal or the Quote and Order Document. The Service Provider shall not be liable for the Customer’s late modification requests or for any damages arising from them.
3.5 Delivery
(1) The Service Provider shall hand over the Website, application or other product created within the framework of the order to the Customer for testing at the time of delivery, and shall inform the Customer thereof in person or electronically. The Service Provider shall retain the copyright and related rights, as well as the ownership rights, with respect to the delivered products; it shall only allow the Customer to use them to the extent and for as long as necessary for testing.
(2) The test period shall last for 3 business days, which shall begin on the day of delivery of the product. If the Customer does not notify the Service Provider of any errors or deviations from the order within 3 business days, the service shall be deemed to have been performed, regardless of any error reported by the Customer following the test period.
(3) If the Customer accepts the Service Provider’s performance as a result of the testing, it shall issue a certificate of performance. Written feedback by the Customer to the Service Provider via email shall be considered as a valid proof of performance.
(4) If the Customer detects an error or a deviation from the order in the application accepted for testing, the Customer shall immediately report the error to the Service Provider, who shall then be obliged to correct the error, regardless of the date of performance.
(5) The Service Provider shall not be liable for any modifications made by anyone other than the Service Provider after the issuance of the performance certificate or, in the absence of a performance certificate, after the performance following the test period.
(6) If the nature of the order so permits, the Service Provider shall be entitled to partial performance. The rules relating to performance shall apply mutatis mutandis to individual partial performance.
(7) The Service Provider develops the Website exclusively on the open source (free license) WordPress development platform, which fact the Customer acknowledges by sending the Online Proposal or by signing the Quote and Order Document, and does not dispute after the contractual relationship is established.
3.6 Service Provider’s Remuneration
(1) The Service Provider shall not charge a separate commission fee for its assistance in the preparation and conclusion of the Customer’s service contracts and for the service consultancy provided during the performance of the contract.
(2) The Service Provider is entitled to remuneration in accordance with the terms and conditions set out in the Online Proposal or the Quote and Order Document. After the Customer has settled his/her invoice in accordance with the terms and conditions set out in the Online Proposal or the Quote and Order Document, the Service Provider shall transfer the rights relating to the product to him/her. Accordingly, following the full financial performance of the Service, the Customer shall acquire an exclusive, time- and geographically unlimited, transferable right of use for the product, on the basis of which he/she shall be entitled to any modification of the product, all consequences arising from which modifications shall be borne by the Customer. The consideration for this right of use shall be included in the agreed service fee.
(3) The Customer undertakes to pay the Service Provider 25% of the total amount of the services included in the Price Offer and the Order at the same time as the contractual relationship is established, as an advance payment against the invoice issued by the Service Provider, or, in the absence of any other agreement, by online bank card payment via the secure interface of Stripe or by bank transfer. The Customer acknowledges that the Service Provider will not start the service until the advance payment has been fully paid.
(4) In the case of development services, the Customer undertakes to pay the Service Provider 50% of the total service fee as a partial payment against the invoice, or, in the absence of any other agreement, by bank transfer. The Customer acknowledges that after the handover, the achievements required for testing will only be handed over upon full payment of the partial payment amount specified in this point.
(5) In the case of development services, the Customer undertakes to pay the remaining 25% of the service fee to the Service Provider at the same time as the contractual performance of the service to the Service Provider against a final invoice, or by bank transfer, unless otherwise agreed. The Customer acknowledges that the Service Provider shall hand over the accesses necessary for editing and managing the Website or application upon full payment of the partial performance amount specified in this point, and that the performance of the Service is not the same as and is not related to the date of activation of the Website or application. The service shall be deemed to have been performed if the Website or application complies with the specifications in the Online Proposal or the Quote and Order Document.
(6) If the Customer fails to pay the commission fee specified in the received invoice to the Service Provider within the deadline, he shall also be liable to pay a penalty for the period affected by the delay – in addition to the commission fee and default interest. The penalty rate for each day of the period affected by the delay is as follows:
| Outstanding account balance (gross €) | Daily penalty rate (gross € / day) |
|---|---|
| Under 250€ | 0.90€ / day |
| Between 250-1250€ | 1.25€ / day |
| Between 1250-2500€ | 1.65€ / day |
| Over 2500€ | 2.00€ / day |
However, the amount of the penalty cannot exceed 25% of the total net commission fee.
In the event of non-payment of the service fee, late payment interest and penalty beyond 7 days, the Service Provider has the right to suspend the operation of the website.
3.7 Payment In Installments
(1) If payment in installments has been stipulated in the Online Proposal or the Quote and Order Document for the web development service, the rules specified in this section shall apply.
(2) Upon conclusion of the contract, the Service Provider shall issue and send an invoice to the Customer, based on which the Customer shall pay the first installment of the service fee to the Service Provider.
(3) On the day of technical handover of the product, the Service Provider shall issue and send an invoice to the Customer, based on which the Customer shall pay the second installment of the service fee to the Service Provider.
(4) For 10 (ten) months following the invoicing of the second installment, the Service Provider shall issue and send an invoice to the Customer on the day corresponding to the invoicing of the second installment of the given month, based on which the Customer shall pay the next installment of the service fee to the Service Provider. With the twelfth invoice, the Service Provider issues a final invoice to the Customer.
(5) If the Customer is more than 15 days late in paying any installment compared to the payment deadline set out in the invoice issued and sent by the Service Provider, the Service Provider is entitled to stop the operation of the product until the due and overdue debt is paid to the Service Provider.
(6) If the Customer is more than 30 days late in paying any installment compared to the payment deadline set out in the invoice issued and sent by the Service Provider, the Service Provider is entitled to invoice all remaining installments of the service fee to the Customer in one amount, who is obliged to pay this to the Service Provider in one amount based on this invoice, within the deadline set out in the invoice.
(7) The ownership of the product remains with the Service Provider until the full fee for the service is paid, i.e. until the last installment is received into the Service Provider’s bank account. After the last installment is received into the Service Provider’s account, the ownership of the product automatically passes to the Customer without any separate declaration.
(8) The Customer acknowledges that by paying in installments, the Service Provider partially assumes the risk of launching the website on the market, therefore, the total fee for the installment payment is 20% higher than the development fee to be paid in a single payment, of which the Service Provider informs the Customer of the exact amount in the Online Proposal or in the Quote and Order Document sent to the Customer. After placing the Online Order or signing the Quote and Order Document, the Customer acknowledges that he/she is not in a position to make a complaint regarding the development fee.
3.8 Data Management, Confidentiality
(1) The Service Provider shall treat the personal data it has come to know confidentially.
The Service Provider shall preserve the business secrets it has come to know and shall not allow third parties – not including the Service Provider’s employees and fulfillment assistants – to learn of them.
3.9 Warranties
(1) The Service Provider undertakes a Lifetime Developer’s Warranty for the Website, application or other product developed by it and undertakes to repair any errors or deviations from the order free of charge at the express request of the Customer, provided that the error or deviation from the order is demonstrably not the result of the intervention of the Customer or a third party or persons authorized by the Customer. The Lifetime Developer’s Warranty applies exclusively to the services performed by the Service Provider and its direct consequences, and to the content of the order. The Lifetime Developer’s Warranty does not apply to errors and deviations from the order of the Website, application or product that are not the responsibility of the Service Provider, in particular including errors and deviations from the order caused by external attacks on the Website, application or product, and to changes or termination of the technologies used in the development of the Website, application or product.
In the event of errors that directly prevent the operation of the Website, application or other product, the Service Provider undertakes to start troubleshooting the error within 1 business day and, depending on the complexity of the error, restore correct operation within the shortest possible time. In the event of errors that do not directly prevent the operation of the Website, application or other product, the Service Provider undertakes to start troubleshooting the error within 5 business days and, depending on the complexity of the error, restore correct operation within the shortest possible time.
By default, the Service Provider provides the Customer with access with sufficient authorization level for content management, with which access the functional operation of the Website, application or product cannot be affected, and with which use the Lifetime Developer Guarantee is valid under the above conditions.
At the express request of the Customer, the Service Provider is obliged to issue the so-called Superadmin access with full authorization level. The Customer acknowledges that the Lifetime Developer Guarantee shall cease to be valid from the date of obtaining the Superadmin access with full authorization level. The Service Provider shall thereafter remedy any operational errors or irregularities only in the event of a contractual order by the Customer, in accordance with the current service overhead hourly rates, for a service fee.
(2) The Service Provider undertakes a Lifetime 4 Second Loading Guarantee for the Website it has created, according to which it undertakes that the loading time of the Website will not exceed 4 seconds, if the Website is placed on a server operated by the Service Provider within the framework of the Service Provider’s hosting service. If the Customer does not operate the Website on a server operated by the Service Provider, in order to enforce the 4 Second Loading Guarantee, the Customer must prove that the technical parameters and capacity of the server operating the Website are at least the same as the technical parameters and capacity of the server operated by the Service Provider.
(3) The Service Provider undertakes a Money-Back Guarantee for the Website, application or other product developed by it, according to which it undertakes to fully refund to the Customer the fees paid by the Customer to the Service Provider up to the date of signing the performance certificate, if the Website, application or product does not comply with the provisions of the Online Order or the Quotation and Order for reasons within the Service Provider’s responsibility, and the production of the Website, application or product as specified in the Online Order or the Quotation and Order would take more than 50% of the total performance period beyond the performance deadline for reasons solely within the Service Provider’s responsibility. After the Money-Back Guarantee is enforced, the Customer shall not have any rights with respect to the Website, application or product.
4. Web Hosting Service
4.1 Subject Of The Service, Content Of The Contract
(1) The Service Provider provides the Customer with the service specified in the Online Proposal or the Quote and Order Document (both in the case of a written and electronic order), for which the Customer is obliged to pay the fee set out in the price list issued by the Service Provider.
(2) The Customer becomes a part of the Internet information society solely through the Service Provider’s service, and can access, send, receive or share information. The Customer can access the service solely through the usernames and passwords issued to him by the Service Provider. Unless proven otherwise, the Customer expressly accepts these terms and conditions by placing the Online Proposaé or by signing the Quote and Order Document.
4.2 Rights And Obligations Of The Service Provider
(1) The Service Provider is obliged to provide the ordered service to the Customer in accordance with the provisions of Section 4.1.
(2) The Service Provider is obliged to provide customer service advice related to the service to the best of its knowledge, free of charge, to all its contracted subscribers. This does not include: training, strategic planning, installation, repair and maintenance of the Customer’s hardware and software, troubleshooting resulting from improper use, making the Customer’s machine suitable for receiving the service, programming its website. In the event of use of these services, the Service Provider is entitled to charge a separate fee, following prior consultation.
(3) The Service Provider may only process the Customer’s data in accordance with the applicable data protection regulations.
(4) The service provider shall make every reasonable effort to ensure the efficiency and continuity of the service, but shall not be liable for losses or any indirect or direct damage caused by the failure or other inadequacy of the services or the conduct of the Customer.
(5) The service provider shall, in return for the subscription fee, continuously maintain the existing and developed server network in order to ensure the most efficient availability to the Customer.
(6) The service provider shall be entitled to restrict the service to the Customer, of which it shall simultaneously notify the Customer by email – electronically – or by telephone, if the Customer’s activity hinders or endangers the intended activity of the Service provider’s other customers.
(7) If any of the Service Provider’s services becomes unavailable or inoperable for reasons attributable to the Service Provider, and this falls outside the agreed availability limit, then after each calendar day started, the Service Provider shall provide the ordered service to the Customer free of charge for 4 days beyond the subscription period.
(8) In the event of late payment, the Service Provider may charge late payment interest depending on the current central bank base rate.
4.3 Rights And Obligations Of The Customer
(1) The Customer is obliged to pay the fee issued and invoiced by the Service Provider, corresponding to the ordered services, to the service provider’s bank account when due or, in the case of renewable subscriptions, by online bank card payment via the secure interface of Stripe.
(2) The Customer is obliged to use the service for lawful and lawful purposes and in accordance with the applicable local and international laws. It is prohibited to use the service in connection with data that are considered business and private secrets, protected by copyright, etc., or in connection with a criminal offense (e.g.: public indecency, defamation, warez, etc.), or in ways that are suitable for such. The Service Provider excludes all liability to third parties in this regard, given that it has no way of exercising any control over the content of the data traffic. The Service Provider may restrict or suspend the service due to the actions detected above. Therefore, the Service Provider is not liable for any material or non-material damage that falls within the scope of the Customer’s interests, and the Customer may not make any such claim for compensation against it.
(3) The Customer may not run the following sites, content, programs, applications:
- “Phishing” sites
- Video sharing websites
- Free game sharing sites
- Topsites, auction sites
- IRC scripts/Bots
- Proxy scripts/Anonymizers
- Pirate software/Warez
- Image hosting Scripts (e.g. Photobucket or Tinypics)
- Autosurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Online-channel applications, image, video, audio broadcasting (Online TV, radio)
- Spam scripts, mail bombers
- Banner servers (commercial banner servers)
- Community sites, especially those with free registration
- File Dump/Mirror Scripts (e.g. rapidshare, etc.)
- Commercial audio streams
- Mortgage/Bank bond sites, programs
- High Yield Interest Programs (HYIP) or related sites
- Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Using any copyrighted content/without permission
- Prime Banks Programs
- Lottery sites
- MUDs/RPGs/PPBGs
- Hateful/Racist content
- Sites/content for hackers
- Public domain or pornographic sites
- Illegal site promotion activities
- Forums that contain links, content, writings about hacker sites
- Dishonest sites (Which are on the following sites: aa419.org and escrow-fraud.com )
- Mailer Pro 3.8.8 You cannot run game servers. (e.g. counter strike)
(4) The customer acknowledges that the use of the service is solely at his own risk.
(5) The Customer is obliged to notify the Service Provider in writing of any changes to his/her data within 15 working days. The Service Provider is not liable for any damages resulting from failure to do so.
4.4 Data Center
(1) Parameters
- Address: Istrijská ulica č. 26, 841 07 Bratislava 49
- TIER III certification
- Guaranteed availability 99.982%
- Electricity consumption 3.5 MW – connection 2 x 22kV
- 10 Gbps ring DC PERPETUUS, SIX and Sitel – transit: SWAN, Cogent, Interoute
- Stable temperature between 20˚C – 24˚C
- Relative humidity 40% – 60%
- 24/7 system monitoring
(2) The data center is located at a sufficient distance from surrounding buildings, major transportation hubs and even floodplains. Security is ensured by reliable fire extinguishing equipment, electric fire alarms and smoke or water detection systems. The building has its own physical access control system with motion sensors, and security guards are available 24 hours a day, 7 days a week.
(3) The connection is established via three independent optical paths. Two of them are private optical paths leading to SIX and SITEL. This is a fully redundant network with continuous monitoring. The third is an optical connection with a geographically separated data center in Slovakia, where backups are stored.
(4) In case of an unexpected situation, the UPS system goes online and takes over the load for 10 minutes, during which the generators (redundant N+1) start up. They reach maximum power within 2 minutes. Water cooling and cold air distribution are provided in the double floor, together with the cold and hot aisle architecture.
(5) The main network is provided by 2 different providers – Lightstorm Communications and Cogent co. Both lines are connected multiple times via 10 Gbit/s data transmission lines. The backbone of our network is mainly made up of switches, which connect the racks and servers via multiple 40 Gbit/s connections.
4.5 Backups
(1) As part of the service, the Service Provider makes continuous and automatic backups of the entire content of the web hosting rented by the Customer during the period of the valid contractual relationship, to which the Customer irrevocably consents by sending the Online Order or by signing the Quote and Order Form.
(2) At the Customer’s request, the Service Provider restores the content of the web hosting from the backup closest to the time requested by the Customer within 1 business day.
(3) The Service Provider is only obliged to restore the state of the backup closest to the desired time and is not responsible for any loss of content resulting from the restore.
4.6 System Administrator Service
(1) The shared web hosting service fee includes the system administrator service fee.
(2) The VPS web hosting service rental fee does not include the system administrator service fee. The Customer orders the system administrator service by sending the Online order or by signing the Quote and Order Form, which service is available to the Customer from the date of conclusion of the contract. The Service Provider performs the system administrator service for the service fee specified in the Online offer or the Quote and Order Form based on the Customer’s written request. The Service Provider invoices the Customer for the system administrator service on a per-minute basis each month. The minimum invoiced quantity is 1 hour, if monthly service was provided, but the total time of the monthly service did not exceed 1 hour.
4.7 Duration Of The Contract And Its Termination
(1) The parties may conclude this contract for a definite or indefinite period.
(2) This contract shall enter into force on the date of signature, for the chosen period (one year, six months, one month). The duration of the contract shall be automatically extended for an additional year, month or six months – based on the interval chosen at the time of the contract, unless the Customer terminates the contract in writing by post or by electronic mail no later than 30 days before the expiry date.
(3) Either party may terminate the contract in writing (email, postal letter) without giving any reason as of the last day of the month. The notice period shall be 30 days.
(4) The Service Provider may terminate the contract with immediate effect if the Customer fails to meet its payment obligations despite the Service Provider’s first written notice. The Service Provider is also entitled to terminate the contract with immediate effect if the Customer fails to meet its payment obligations despite the Service Provider’s first written notice. notices any signs indicating the prohibitions listed in point 1. – Termination of the contract does not exempt either party from obligations (e.g. payment) that have arisen up to the date of termination.
4.8 Money-Back Guarantee
(1) The Service Provider undertakes that if the Customer is not completely satisfied with the quality, standard or availability of the service, etc., he may terminate the contract in writing or by telephone within 30 calendar days after the conclusion of the contract, for which the Service Provider undertakes a money-back guarantee.
(2) The guarantee may apply exclusively to the service provided by the Service Provider – web hosting and related services. The Service Provider shall transfer the service fee thereof to the bank account provided by the Customer within 15 banking days of the termination date, and shall then send a cancellation invoice regarding the termination of the service by post or electronically. Accordingly, the money-back guarantee does not apply to the domain name already registered, which remains the property of the Customer for the ordered time interval even after the termination of the service, and the Customer may freely dispose of it (for example: requesting a domain name transfer to another service provider).
4.9 Limitation Of Liability
Neither party shall be liable for breach of its obligations under the contract in cases where unforeseen circumstances (force majeure) arise that are beyond the control of both parties and prevent the performance of the contract. Such circumstances include, in particular: acts of war, riots, sabotage, bombings or other emergencies, acts of God, floods, fires, lightning strikes or other natural disasters, work stoppages, measures taken by authorized bodies under the National Defense Act or the Police Act.
5. Copywriting And Content Management Services
5.1 Subject Of The Contract
(1) The Parties agree that the Service Provider shall perform copywriting and content management activities on topics specified by the Customer in accordance with the conditions specified in the Online Proposal or the Quotation and Order Document, and these Terms Of Service.
(2) The subject of the contract is the creation of new, unique text content that complies with the rules of spelling of the actual language based on the instructions and goals provided by the Customer, as well as the formatting and publication of the text content in its final state on the Customer’s website, in accordance with the Online Proposal or the Quotation and Order Document.
(3) The Service Provider guarantees that no third party has any rights over the text that would prevent or restrict the Customer’s exercise of the rights of use.
(4) The Customer undertakes to provide the Service Provider with all necessary information to prepare the text, and the Service Provider undertakes to revise the text according to the Customer’s requirements.
(5) The materials provided are unique, original texts that show neither similarity nor striking similarity with other texts on a similar topic (they are considered unique works of authorship). By paying the agreed service fee, the Customer acquires all copyrights of the work, including the right to reproduce, transcribe, and create derivative works. The Service Provider is not entitled to any additional fees, commissions, or honoraria in relation to the materials provided and paid for, regardless of the extent of any potential benefit resulting from the use of the materials.
(6) The Service Provider undertakes to perform the service in accordance with this contract and the Customer’s instructions, and the Customer undertakes to pay the Service Provider the service fee specified in these Terms Of Service in the event of the Service Provider’s performance in accordance with the contract.
(7) The Parties agree that the rules of this contract shall apply during the performance of the service with the additions and deviations set out in the Online Proposal or the Quote and Order Document. The Online Offer or the Quote and Order Document shall prevail, if it deviates from this framework agreement, in all other matters the provisions of these Terms Of Service shall prevail for the legal relationship established through the Online Proposal or the Quote and Order Document.
5.2 Remuneration Of The Service Provider
(1) The Service Provider shall provide the Service to the Customer for the service fee specified in the Online Proposal or the Quote and Order Document.
(2) The Parties shall record that the service shall be deemed to have been received and accepted if the Customer does not dispute the receipt of the service and does not object to the service within 3 working days of receipt.
(3) In addition to the amount of text specified in this contract, the Customer shall be entitled to order additional content of similar subject and scope in the form of ad hoc Online Proposals or Quote and Order Documents with unchanged price terms.
(4) The Customer shall pay the service fee within 8 calendar days of receipt of the invoice issued by the Service Provider by the due date specified in the invoice, by transfer to the bank account number specified in the invoice of the Service Provider or in cash.
(5) The Parties agree that the service fee includes all fees and costs necessary for the performance of the Service Provider’s activities, as well as the consideration for the copyright license granted to the Customer under this contract, and the Customer is not obliged to pay any additional amounts in addition to the service fee. The Parties further stipulate that the commission fee includes the one-time revision and modification of the text based on the Customer’s modification proposals and its delivery to the Customer.
(6) The Parties agree that in the event of late payment of the fee, the Customer is obliged to pay the Service Provider a penalty for the period affected by the delay in accordance with Section 3.6.6 of these Terms Of Service.
5.3 Duration Of The Contract
(1) The contract shall enter into force on the date of the Online Proposal sent by the Customer or the signed Quote and Order Document and the written confirmation of the order by the Service Provider.
(2) The Parties shall conclude the contract for a definite or indefinite period as specified in the Online Proposal or the Quote and Order Document. In the case of a contract of indefinite duration, either party may terminate the contract by ordinary termination, without giving reasons, with a notice period of 30 days. The Customer shall be obliged to take over the text(s) completed by the end of the notice period, unless there are any substantive objections to its quality.
(3) The Customer shall be entitled to terminate these Terms Of Service with immediate effect if the Service Provider seriously breaches its essential obligations under these Terms Of Service.
(4) The termination of this contract shall not affect the usage rights granted to the Customer for the works already delivered on the basis thereof.
5.4 Rights And Obligations Of the Parties
(1) The Parties agree that the Service Provider will send the prepared texts electronically to the Customer to the email address provided by the Customer. The Service is deemed to have been provided when the Service Provider has sent the texts to the Customer in the above ways.
(2) The Parties agree that the Service Provider is entitled to use subcontractors during the performance of the Service.
(3) The Service Provider undertakes to act in accordance with the provisions of these Terms Of Service, as well as the Online Proposal or the Quote and Order Document and the Customer’s instructions. The Customer’s instructions may not extend to the organization of the work. If the Customer gives inappropriate or unprofessional instructions, the Service Provider is obliged to warn the Customer of this. If the Customer confirms the instructions in writing after the warning, the Service Provider is obliged to act accordingly, at the Customer’s sole responsibility.
(4) The Customer is obliged to check the text provided by the Service Provider, and if it is not of an adequate standard or does not comply with the established conditions or the Customer’s instructions, he is entitled to submit his objections and modification proposals within 3 working days after receipt, and to call on the Service Provider to make corrections and modifications. In the event of defective performance, the Customer may withhold any service fee that may already be due until the error is corrected, which he is obliged to pay after the error has been corrected.
(5) The Parties stipulate that the text created under this contract is considered a work of authorship, to the publication of which the Service Provider expressly consents by sending this contract to the Customer and hereby waives its right to withdraw the publication. By signing this contract, the Service Provider grants the Customer the exclusive right to use the work in the manner specified in this contract, to adapt it for this purpose, and to grant permission to third parties for all of these purposes for the entire protection period and without spatial restrictions. By signing this contract, the Service Provider expressly consents to further transfers of the right of use and therefore does not claim any separate consideration. When using and exploiting the work, the Customer is obliged to act in accordance with the personal rights of the Service Provider as the author. In this regard, the Service Provider declares when signing this contract that it does not claim to display its authorship on the website of the work. By signing this contract, the Service Provider consents to the Customer acting independently in the protection of all personal rights and property rights of the Service Provider.
(6) The Service Provider guarantees that it has a legal declaration from the natural persons actually writing the text, which states that these authors grant the Service Provider the rights that the Service Provider assigns to the Customer in points 5.1.5 and 5.4.5.
(7) The Parties expressly state that the Service Provider may not use the content prepared for the Customer in the framework of this cooperation in any other project. The Service Provider reserves the right to use the submitted and accepted materials in any way exclusively for the Customer.
5.5 Confidentiality
(1) The Parties undertake to treat all data, information and facts provided during the performance of this contract, which are related to this agreement or which the Parties provide to each other in connection with their cooperation within the framework of this agreement, as strictly confidential and as a trade secret. Furthermore, any data, fact or information related to the activities of the Parties, which the given party has a reasonable interest in remaining secret, and which the Parties have classified as a trade secret and have taken the necessary measures to ensure that it remains secret, shall be considered a trade secret.
(2) The obligation to maintain trade secrets shall apply to the Parties without any time limit after the termination of this agreement.
6. Google Ads And Social Media Account Management
6.1 Subject Of The Services Provided By The Service Provider
(1) The Service Provider provides the Customer with a Google Ads and/or social media ad management service, the purpose of which is to plan, create, manage and optimize the Customer’s Google Ads and/or social media advertisements appearing on the Google advertising network and/or any social media platforms.
(2) The Service Provider aims to ensure that the Customer’s Google Ads and/or social media advertisements support the Customer’s marketing and business goals as much as possible, and that the Customer’s advertising account operates as efficiently as possible with optimal cost investment.
(3) The Service Provider declares that it is authorized to provide services related to the Google Ads and/or social media account, but does not have a contractual relationship with the operator of the Google and/or social media advertising network (hereinafter referred to as: Advertising Network). A contract for the placement of the Google Ads and/or social media advertisement is concluded between the Customer and the Advertising Network.
6.2 Method Of Performance Of The Service, Content Of The Contract
(1) The contract between the Contracting Parties is concluded for the performance of specific tasks or for an indefinite period, provided that the contract can be terminated by either party within 3 (three) months from its conclusion, which is the one-time account setup phase – by ordinary termination only on the last day of the third month of the legal relationship. During this period, the Service Provider, as previously agreed with the Customer, plans and develops the most appropriate, most adaptable and most cost-effective account setups for the Customer’s business goals and ideas.
(2) The exact tasks to be performed by the Service Provider in the setup phase described in point 6.2 (1) and thereafter and the scope of services provided are regulated by the Online Proposal or signed Quote and Order Document sent by the Parties and the Customer.
(3) The Contracting Parties agree that for the Service Provider to fulfill new individual customer requirements not specified in the Online Proposal or the Quote and Order Document in accordance with Section 6.2 (2), a new Online Proposal or Quote and Order Document is not required, however, their fulfillment is not included in the jointly determined commission fee payable by the Customer. The fulfillment of such individual requirements is governed by the individual agreement of the Parties, both in terms of its content and its compensation. The Customer is entitled to notify the Service Provider of any request for additional services not covered by the commission contract or for a new order by email.
6.3 Rights And Obligations Of The Contracting Parties, The Content Of The Legal Relationship
(1) The Service Provider is obliged to provide the services undertaken by it both under these Terms Of Service and the individual assignment contract; while the Customer is obliged to bear the costs of ensuring advertising management and to pay the Service Provider a commission fee.
(2) The Service Provider strives to provide optimal, cost-effective, professional and expedient services to the Customer after assessing the Customer’s needs as comprehensively as possible.
(3) The Contracting Parties stipulate that the payment of the costs necessary for the operation of the Google Ads and/or social media account is the responsibility of the Customer.
(4) The Customer acknowledges that the Service Provider can only perform the services undertaken by it if the Customer’s advertisement has a live status and is working.
(5) The Contracting Parties agree that the Service Provider provides access to the Customer’s Google Ads and/or social media account to the Customer, as a result of which the Customer is entitled to modify the settings of its accounts and perform activities on them.
(6) The Customer declares that it has read and understood the provisions of the service agreement concluded between it and the Advertising Network regarding Google Ads and/or social media advertising.
6.4 Liability Issues
(1) The Contracting Parties agree that the Service Provider is solely responsible for the appropriateness and professionalism of the activities performed by it, but not for the effectiveness of the advertisements or the amount of profit generated by them on the Customer’s website.
(2) The Contracting Parties stipulate that the Service Provider is not liable in the event that the Customer fails to meet its payment obligation set out in Section 6.3 (3) of these Terms Of Service, and thus the Service Provider is unable to fulfill its commitments.
(3) The Contracting Parties stipulate that if the Customer makes setting changes or performs other account activities on its own Google Ads and/or social media account in accordance with Section 6.3 (5) of the Terms Of Service, the Service Provider is not liable for these activities of the Customer. If this activity of the Customer generates additional work on the Service Provider’s side, the Service Provider shall be entitled to an additional commission fee as consideration for the work performed in this way. The Parties shall record the amount thereof in writing.
(4) The Contracting Parties agree that neither party shall be liable for the fulfillment of its obligations under the Terms Of Service or the contract in cases where an unavoidable event beyond the control of the Contracting Parties arises (force majeure).
6.5 The Customer’s Obligation To Pay The Service Fee
(1) The Customer is obliged to pay a monthly service fee for the activities performed by the Service Provider. The first monthly service fee is due within 3, i.e. three working days from the date of sending the Online Proposal or from the date of signing the Quote and Order Document by the Customer, against an invoice issued by the Service Provider. The Customer acknowledges that the Service Provider is not obligated to perform any work prior to the Customer’s payment of the first monthly service fee.
The Contracting Parties agree that the Customer shall pay all further monthly service fees to the Service Provider in the relevant month, against an invoice issued by the Service Provider.
(2) The Contracting Parties shall specify the amount of the service fee to be paid by the Customer each month in the Online Proposal or in the Quote and Order Document. In the event of any modification of the content of the order during the legal relationship, the Parties are obliged to record the change in the order fee in writing.
(3) The Service Provider informs the Customer that its services set out in these Terms Of Service cover the settings and management of both the Customer’s text advertisements and any non-text creatives (for example, but not exclusively: image, flash, video creatives), for the order fee negotiated with the Service Provider and set out in the individual contract. The order fee does not include the preparation of non-text creatives.
(4) For the performance by the Service Provider of the individual orders set out in point 6.2 (3) of the Terms Of Service, the Customer is obliged to pay the Service Provider an additional order fee in addition to the monthly order fee. The amount of this is regulated by the individual legal relationship of the Contracting Parties. The Customer acknowledges that the performance of individual orders by the Service Provider may also affect the amount of the monthly service fee payable by the Customer. The Parties shall agree on this in writing, setting out the new amount of the monthly service fee.
(5) The Contracting Parties agree that, at the Customer’s request, the legal relationship between them may be suspended for a specific period of time (e.g., shutdown for a specific period of the year, a specific season or a specific month). The condition for this is that the Customer shall notify the Service Provider at least 10 days in advance that it wishes to suspend its legal relationship with the Service Provider, specifying the start and end dates of the suspension. During this period, the Customer shall pay the Service Provider a reduced availability fee in the amount specified in writing within the framework of the individual legal relationship. If the period of suspension concerns a fractional month, then during the period when the legal relationship is not yet suspended, the Customer is obliged to pay the proportional amount of the regular monthly commission fee to the Service Provider; while for the period of suspension, the Customer will pay the reduced amount of the availability fee to the Service Provider.
(6) The Contracting Parties agree that in the cases specified in point 6.4 (4) of these Terms Of Service, the Customer is not obliged to pay a commission fee to the Service Provider. In this case, the Customer is obliged to pay a proportional monthly service fee until the date of occurrence of these events.
(7) The Service Provider issues an invoice monthly in the form of an e-invoice. The Customer is obliged to accept the invoice and pay its value within 8 working days from the date of issue of the invoice by transfer to the bank account number indicated on the invoice, under the conditions detailed in section 3.6.
6.6 Termination Of The Mandate
(1) The mandate relationship between the Contracting Parties may be terminated by mutual agreement; as well as by ordinary or immediate termination.
(2) The Contracting Parties agree that any form of termination of the mandate may only be exercised in writing.
(3) The Contracting Parties are entitled to exercise unilateral ordinary or immediate termination by mail addressed to the other party. In the absence of a correspondence address, the Contracting Parties are obliged to send their legal declaration to the other party’s registered office.
(4) In the event of termination of the legal relationship by ordinary termination, the notice period is 30 days.
(5) The right of ordinary termination may only be exercised by both parties on the last day of the third month in the first 3 months of the legal relationship.
(6) The termination shall take effect upon notification thereof. In the event of ordinary termination, the Customer is obliged to pay the commission fee for the entire duration of the notice period, and the Service Provider is obliged to fulfill its obligations set out in the commission contract and these Terms Of Service at all times.
(7) The Contracting Parties are entitled to terminate the legal relationship between them with immediate effect in the event of a serious breach of contract by the other party.
7. MyW360º Customer Portal
7.1 Registration
(1) The Customer may use the Customer Portal by voluntarily registering on the Customer Portal. Registration is possible during the placement of the first order.
(2) The Customer will find the password randomly generated for him by the Customer Portal in the email sent to the email address provided during Registration, which only he knows and which he can modify on the My Account page after logging in.
(3) The Service Provider sends notification letters, so-called system messages, and in case of separate consent, a newsletter by email to the registered Customer, as described in the Privacy Policy.
(4) The profile created by registration serves to record and register certain data and orders of the Customer on the Website. The Service Provider will not use the data provided there for any purpose other than that specified by the Customer.
(5) The Customer is entitled to request the deletion of his/her registration in an email message sent to [email protected] if he/she is no longer in a contractual relationship with the service provider.
(6) After receiving the message, the Service Provider will ensure the deletion of the registration as described in the Privacy Policy. The Advertiser’s user data will be removed from the system immediately after deletion; however, this does not affect the retention of data and documents related to orders already placed, and does not result in the deletion of this data. After removal, it is no longer possible to restore the data.
(7) The Customer is solely responsible for keeping the user access data (especially the password) confidential. If the Customer becomes aware that an unauthorized third party has gained access to the password provided during registration, he/she is obliged to change his/her password immediately, and if it can be assumed that the third party is abusing the password in any way, he/she is obliged to notify the Service Provider at the same time.
(8) The Customer undertakes to update the personal and company data provided during registration as necessary in order to ensure that they are up-to-date, complete and true.
7.2 Automatic extension of services, recurring payment by bank card (hereinafter: “Recurring payment”)
(1) In the event of acceptance of online offers for certain services, the subscription to the given service will be automatically extended upon expiration, and the Customer will be obliged to pay a fee, but only if he/she expressly consented to this when ordering the subscription.
(2) The Customer can make his/her consent declaration during the order, i.e. the subscription, on the Customer Portal Checkout page. To do this, he/she must click on the subscription form and check the box before the inscription “I have read and accept the general terms and conditions. I agree that in the case of renewable services, until I withdraw this consent declaration, W360º will automatically charge the subscription fee to the bank card used for the first payment after the expiration of each subscription period in order to continuously provide the service provided to me, and I agree that W360º will start providing the Service to me before the expiration of 14 days.”
(3) In the case of service subscriptions ordered with recurring payment, the Customer’s fee payment obligation arising at the expiration of the current subscription period will be automatically charged by the Service Provider to the bank card used when ordering the subscription through the Stripe system. The Service Provider shall provide the service until the subscription is cancelled and shall automatically charge the Customer.
(4) The Customer may cancel the subscribed services on the My Account page of the Customer Portal, under the My Subscriptions menu item, by clicking on the “Cancel” button. The Customer acknowledges that after the subscription is cancelled, the Service Provider shall also cancel the provision of the service.
8. Late Payment
(1) The Customer is obliged to pay the service fee when it is due. The Customer is obliged to pay default interest from the date of default.
(2) In the event of the Customer’s late payment, the Service Provider shall send the Customer a payment reminder by electronic mail on the day following the expiry of the payment deadline. If the Customer settles the invoice amount to the Service Provider within 5 working days of the delivery of this reminder, the Service Provider shall not charge default interest to the Customer.
(3) If the Customer fails to pay the due commission fee within the period specified in the payment reminder sent by the Service Provider in accordance with point 7 (2), the Service Provider shall send the Customer a payment notice by electronic mail, granting the Customer another 5 working days to pay the commission fee. The special fee for the payment notice is 8€, which the Customer shall pay in addition to the default interest applied by the Service Provider.
(4) If the Customer fails to pay the due service fee in accordance with the payment reminder sent by the Service Provider in accordance with point 7. (3) or within 15 calendar days of the expiry of the payment deadline, the Service Provider shall appoint a legal representative to professionally collect the invoice amount. The Customer is obliged to pay the legal representative’s fee and the costs incurred during the legal proceedings in addition to the default interest and penalty imposed by the Service Provider.
(5) If the Customer fails to pay the due fee within 5 working days of receiving the lawyer’s payment notice, the Service Provider shall enforce its claim against the Customer by means of a payment order. The Service Provider draws the Customer’s attention to the fact that all costs of the claim enforcement procedures initiated by the Service Provider (application for the issuance of a payment order, litigation or enforcement proceedings) shall be borne by the Customer.
9. Electronic Invoicing
(1) By submitting the Online Proposal or signing the Quote and Order Document, the Customer agrees that the Service Provider may issue electronic invoices to the Customer, and that the Customer fully accepts these electronic invoices issued to the Customer.
(2) The Service Provider guarantees that the electronic invoices issued by it are issued and stored in accordance with applicable laws.
10. Other provisions
(1) The contract concluded between the parties may only be amended or terminated in writing.
(2) The parties expressly agree that they are entitled and obliged to send all notices, information, communications arising from this contract and all other legal statements related to the contract to the parties’ addresses specified above, and the parties are obliged to notify each other in writing of any change in these details within 3 working days of the change. In the unlikely event that a party attempts twice unsuccessfully to send any legal statement, information, notification or communication to the above address by registered mail with return receipt, the legal statement, information, notification or communication shall be deemed delivered, communicated and legally effective on the fifth day following the second unsuccessful sending. With regard to communication via email, the parties agree that emails registered as sent/received by the Customer’s system shall be deemed to have been sent/received at the time recorded in the Customer’s system.
(3) The Service Provider declares that it regularly continues to provide the service as a business entity within the scope of its business activities, is entitled to provide the service under the applicable laws, may undertake without restriction the obligation to conclude this contract and to fulfill its obligations arising therefrom, and further declares and warrants that it has the necessary expertise and professionals with professional qualifications to provide the service.
(4) If the Customer expressly declares so in the Online Order or the Quote and Order Document, the Service Provider is entitled to transfer data to a third party fulfilling the Customer’s service requirements, if this is essential for the contractual performance of the Online Order or the Quote and Order Document, with particular regard to the specificities arising from the intermediary activity of the service.