General Terms and Conditions - PWS Solutions

General Terms and Conditions

Comprehensive set of terms governing the use of PWS Solutions services

Effective date: 1 January 2025

Please note: this is a non-binding courtesy translation. For all legal purposes, the Hungarian-language version is authoritative and legally binding.

1. General provisions and basic definitions

1.1. Identification data and registered seat of the service provider

Name of the service provider: Felczán Katalin Zsuzsanna egyéni vállalkozó (hereinafter: the Service Provider) | Tax number: 91239978-1-24 | Registration number: 60710279 | Registered seat: 5600 Békéscsaba, Pátkai Ervin utca 2, 4/12 | Telephone contact: +36 70/319-40-21 | Electronic mail address: info@pws.hu | Website: https://pws.hu

1.2. Scope and applicability of the General Terms and Conditions

The scope of these General Terms and Conditions (hereinafter: GTC) extends to all IT services provided by the Service Provider operating under the PWS Solutions brand name, including in particular website development, hosting, content management, graphic design, and artificial intelligence based content production services. The provisions of the GTC are binding on every natural and legal person, as well as on organizations without legal personality, who or which uses any of the services offered by the Service Provider.

1.3. Definitions and interpretive provisions

Service Provider: Felczán Katalin Zsuzsanna egyéni vállalkozó (sole proprietor), who provides the IT and creative services defined in these GTC

Client/Customer: any natural person, legal person, or organization without legal personality who or which uses or intends to use any of the services offered by the Service Provider

Website: exclusively custom-developed, interactive digital interface operating according to the protocols of the internet, together with all its constituent elements

Hosting service: the provision of server capacity for the purpose of data storage and access necessary to operate a website and an electronic mail service

Payment request (proforma invoice): a preliminary document of invoice value issued by the Service Provider that establishes the payment obligation

Final invoice: the accounting document containing the final settlement, issued after the payment request has been settled

1.4. Rules and procedure for amending the GTC

The Service Provider reserves the right to unilaterally amend these GTC where justified by a change in legislation, business policy considerations, or technological developments. The Service Provider is obliged to notify the Clients of the proposed text of the amendment by electronic mail at least 15 days prior to its entry into force. The amendment enters into force on the date specified in the notification. Should the Client not agree with the amendments, they are entitled to terminate the contract with 8 days' notice prior to the entry into force of the amendment.

1.5. Governing legal framework

These GTC and the legal relationships arising from them are governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code (Polgári Törvénykönyv), Act CLV of 1997 on Consumer Protection (fogyasztóvédelem), Act CVIII of 2001 on Certain Issues of Electronic Commerce Services (elektronikus kereskedelmi szolgáltatások), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). With respect to matters of private international law, the provisions of Act XXVIII of 2017 on Private International Law (nemzetközi magánjog) are governing.

2. Payment terms and invoicing procedure

2.1. Invoicing system and electronic issuance of invoices

The Service Provider issues accounting documents exclusively in electronic form, in PDF format, through the számlázz.hu electronic invoicing system operated by Számlázz.hu Kft. Following settlement of the payment request, and upon receipt of the bank confirmation of the successful payment, the final invoice is issued through an automated procedure and is likewise delivered electronically to the electronic mail address provided by the Client.

2.2. Available payment methods

Settlement by bank transfer: by full advance payment, following the issuance of the payment request, by transfer to the following bank account number:

Account number: 12600016-11125413-77891525 (Wise Europe SA)

Online card payment: card payment made online and processed through the payment service system of Stripe Ireland Limited

2.3. Payment deadlines and obligation to perform

A uniform payment deadline of 8 (eight) calendar days applies to all services provided by the Service Provider, calculated from the day the payment request is issued. The payment obligation is deemed fulfilled when the amount owed is credited to the Service Provider's bank account.

2.4. Late-payment fee and its application

Should the Client fail to fulfil its payment obligation within the specified deadline, the Service Provider is entitled to charge a late-payment fee amounting to 15% of the outstanding amount. The late-payment fee accrues automatically on the day following the expiry of the payment deadline, without separate notice. The charging of the late-payment fee does not release the Client from the obligation to pay the principal debt.

2.5. Advance payment and payment in instalments

In the case of website development and renovation projects, the total service fee is settled in two unequal instalments: 40% of the amount is payable as an advance, and the remaining 60% following the completion and handover of the project. For all other services, a full advance payment obligation applies, which must be fulfilled before work commences.

2.6. Automated payment-request dispatch system

For recurring services (hosting, monthly-fee content management services), the payment request is sent automatically by electronic mail 8 days before the start of the service period. This ensures that the Client has sufficient time to fulfil the payment obligation.

2.7. Refund policy

The Service Provider does not, under any circumstances or on any legal ground, provide refunds for service fees already paid, regardless of the reason for or circumstances of the termination of the contract. This provision also applies where the use of the service is interrupted or terminated for any reason.

2.8. Pricing policy and price changes

The current service fees are set out in the individual quotation and on the Service Provider's website. The Service Provider reserves the right to unilaterally modify its prices; however, in respect of contracts already concluded, a price change may only enter into force after 30 days' prior written notice.

3. Website development and creation services

3.1. Scope of services and technological principles

The Service Provider creates websites exclusively through custom development and programming, using the most advanced web technologies and industry best practices. The use of templates, pre-made solutions, or content management systems (CMS) is expressly not part of the service; every development is carried out from scratch based on individual requirements.

The service includes:

  • Custom website design and complex development
  • Fully responsive (mobile-friendly) implementation optimized for every type of device
  • Implementation of basic search engine optimization (SEO)
  • Comprehensive testing and quality assurance process
  • Preparation of detailed technical documentation
  • Provision of a user guide and maintenance instructions

3.2. Ordering process and conclusion of the contract

Following the official dispatch of the quotation, a personalized user account is automatically generated for the Client in the Service Provider's customer management system. The Client is expressly obliged to provide complete and accurate billing data before accepting the offer; otherwise the contracting process cannot proceed. The contract is concluded simultaneously with the electronic acceptance of the offer and the validation of the billing data.

3.3. Payment schedule and financial performance

The financial settlement of website development projects proceeds according to the following schedule:

  • Following acceptance of the offer, the payment request for the 40% advance is sent automatically
  • The payment deadline is 8 calendar days in every case
  • The remaining 60% becomes due following the full completion and official handover of the project
  • In the case of a rejected offer, no further discounted offer may be provided to the Client

3.4. Detailed obligations and scope of responsibility of the Client

Content provision obligation: It is the express obligation of the Client to provide, in full and on time, all content necessary for the development on the basis of the content-request forms and instructions sent by the Service Provider, including texts, images, videos, logos, and all other relevant materials. Late provision of content results in an automatic extension of the project deadline.

Immediate and complete data provision obligation: In the interest of the swift, efficient, and smooth conclusion of the project, the Client is obliged to respond substantively to every data request, enquiry, and information request of the Service Provider without delay, but no later than within 48 hours, and to make the requested data, documents, and access credentials fully available. This obligation extends both to the business and content information required to start the project (company data, service descriptions, brand-specific elements, legal texts) and to later technical data that arises at any stage of the development process and is indispensable for the successful completion of the project (domain access credentials, SSL certificates, third-party API keys, payment provider identifiers, e-mail server settings, analytics tracking codes, and all other parameters required for any integration). The purpose of this obligation of the Client is to enable the Service Provider to fully prepare for every technical eventuality of the project and to remove any arising obstacles in time. All consequences arising from the failure or delayed fulfilment of the data provision obligation (project delay, possible additional working time, failure to meet deadline obligations towards third parties) are borne exclusively by the Client, and no claim may be enforced against the Service Provider in respect thereof.

Ensuring legal compliance: The Client is obliged to fully comply with the applicable Hungarian and European Union legislation, and may not request or compel the Service Provider to carry out or support any unlawful, infringing, or otherwise legally non-compliant activity.

Copyright warranty: The Client provides a full warranty that the use of every material it supplies (text, image, video, music, graphic element) does not infringe the copyrights, trademarks, or other intellectual property rights of third parties, and that it holds all necessary usage permissions.

Precise definition of the framework for modification requests: During the development process, the Client may submit its modification and change requests exclusively within the following strictly defined framework, the purpose of which is to ensure the economical, efficient, and predictable conduct of the project:

a) Major modifications (a total of 1 occasion): Over the entire duration of the project, the Client may request a so-called major modification on a total of one occasion. A major modification is any change that affects the website's menu structure, page structure, core functionality, navigation logic, or any element whose transformation requires the significant redesign or redevelopment of the work already completed.

b) Minor modifications (a total of 3 occasions): Over the course of the project, the Client may request a minor modification on a total of three occasions. A minor modification is the replacement, supplementation, or removal of textual content, the replacement of images and graphic elements, the fine-tuning of colors and typographic elements, as well as any change that does not affect the website's fundamental structure and operating logic.

c) Modifications after the framework has been exhausted: If the Client has exhausted the above modification framework, any further change, modification, or supplementation request may be fulfilled exclusively within the framework of the Service Provider's hourly-rate content management service, for a separate fee, on the basis of HUF 11,000 per hour (VAT-exempt due to the Service Provider's personal VAT-exempt – AAM – status). This fee is payable for the full extent of each hour of work commenced.

d) Modification requests that may be rejected: The Service Provider is entitled to reject any modification request that is disproportionately costly from a technical or economic point of view, substantially exceeds the framework of the original project specification, is not feasible, or unreasonably delays the completion of the project. The abusive, repeated submission of modification requests, or submission aimed at deliberately slowing down the project, constitutes a serious breach of contract, giving rise to a right of immediate termination on the part of the Service Provider.

Active cooperation obligation: The Client is obliged to provide constructive, professionally sound feedback and to make decisions in a timely manner and with due care on the questions arising during the development process.

Immediate communication obligation: The Client is obliged to inform the Service Provider without delay, but no later than within 24 hours, of any material change, problem, or circumstance that may affect the performance of the project.

Availability obligation and responsibility for maintaining contact: The Client is obliged to continuously ensure availability for the Service Provider throughout the entire duration of the project, both by electronic mail and by telephone contact. Should the Client become continuously unreachable for 30 calendar days, responding neither to written enquiries nor being reachable by telephone, the Service Provider is entitled to unilaterally terminate the contract and close the project. In such a case, the possible restart of the project may require the Client to pay the amount of the original advance again.

Reasonable project management and progress obligation: The Client may not unjustifiably or abusively restrict the natural progress and timely completion of the project. In particular, it is prohibited to submit excessively meticulous, immaterial, or repetitive modification requests, to unjustifiably delay decisions, to deliberately slow down the project for financial or other reasons, and to engage in any conduct that jeopardizes the economical and efficient conduct of the project. In such cases, the Service Provider is entitled to declare the project completed or to terminate the contract with immediate effect.

3.5. Cases in which the Service Provider may refuse performance

The Service Provider is expressly entitled to refuse the performance of the service or to terminate the contract with immediate effect in the following cases:

Unlawful or harmful content: Where the Client requests or supports the publication, storage, or distribution of content that is unlawful, pornographic in nature, incites violence or hatred, or is socially harmful.

Intellectual property infringements: Where it is established that the materials supplied by the Client infringe copyrights, trademarks, or other intellectual property rights, or have an unresolved legal status.

Disproportionately unrealistic demands: Where the Client requests modifications or supplements that substantially deviate from the original contractual agreement, are technically or economically disproportionate, or are not feasible.

Unfair or unethical conduct: Where the Client insults, threatens, or harasses the staff of the Service Provider verbally or in writing, or otherwise engages in unfair, unethical conduct.

Technical infeasibility: Where the requested feature, solution, or development cannot be implemented within the available framework for technical, security, or infrastructural reasons.

Budgetary disproportionality: Where the cost of the requested modifications or supplements significantly and disproportionately exceeds the original project budget.

Serious cooperation failure: Where the Client repeatedly and systematically fails to provide the necessary materials, decisions, or feedback in time, thereby impeding the progress of the project.

3.6. Phases of the development process

The website development work commences on the first working day following the crediting of the advance to the bank account. The modification framework applicable during the development process is set out in detail in Section 3.4. The Service Provider undertakes to ensure continuous communication with the Client throughout every phase of the development.

3.7. Project closure, handover, and acceptance procedure

The website development project is deemed officially completed and closed only if the Client has expressly accepted the final work in written form (by electronic mail). Following the issuance of such a declaration of acceptance, no further free modification or supplementation is possible and the project becomes closed. As part of the handover procedure, the Client receives a detailed user guide and technical documentation.

The Service Provider's unilateral right to close the project: Where, in the professional judgment of the Service Provider, every feature and content element recorded in the originally accepted project specification has been fully completed and functions flawlessly, yet the Client, despite this state, continuously submits new tasks, modifications, fine-tunings, or supplements not included in the original specification, thereby preventing the natural closure of the project, the Service Provider is entitled to unilaterally declare the project completed by written notice. The written notice contains a detailed description of the completed work and confirmation that every element of the original specification has been fulfilled. Following the unilateral project closure, the remaining contractual fee (60%) becomes immediately due, and any further modification or supplementation request of the Client may be fulfilled exclusively within the framework of one of the maintenance service packages recorded in Section 14.7 of these GTC, for a separate fee. This provision is applied in accordance with the principle of good faith and fair cooperation of the Civil Code, and its purpose is to protect the Service Provider against endless, unclosable projects.

3.8. Lifetime software guarantee

Instead of the traditional warranty obligation, the Service Provider provides a lifetime software guarantee in respect of the websites it creates. This guarantee extends exclusively to the remedy of operational malfunctions caused by changes in the browser-side (client) and server-side environment, in particular: display or operational errors caused by future version updates of web browsers (Chrome, Firefox, Safari, Edge, and other browsers), compatibility problems arising from version changes in the server environment (PHP, database engine, web server), as well as operational disruptions arising from changes in the security rules of browsers. The guarantee expressly does not include the modification of design elements, the addition of new features, content changes, other modifications requested by the Client, or the correction of errors arising from the intervention of the Client or a third party.

3.9. Sanctions and consequences of payment default

Should the Client fail to fulfil its payment obligation within the specified deadline, the development activity is suspended with immediate effect without any further notice. In addition, the Service Provider is entitled to charge the late-payment fee recorded in the contract. Work may be resumed exclusively following the full settlement of the entire debt (principal + late-payment fee).

3.10. Recommendation of the monthly-fee content management service

Following the closure of the website creation project, simultaneously with the dispatch of the payment request for the remaining 60% contractual fee, the Service Provider automatically makes an offer for one of the content management and availability services detailed in Section 14.7 (hourly-fee, monthly-fee, or annual-fee arrangement). This offer contains detailed information about the content, fee, and conditions of the continuous maintenance service. The Client may decide to accept or reject the offer; however, in the event of acceptance, the relevant contractual terms automatically enter into force.

4. Hosting service terms and operating framework

4.1. Fundamental condition for using the service

The hosting service may be used exclusively for the purpose of operating websites developed and created by the Service Provider. The storage and operation of websites, applications, or other digital content created by another developer, programmer, or service provider is not provided, and such requests are rejected. This restriction has been introduced in order to guarantee the quality and security of the service.

4.2. Fee system and preferential conditions

In the case of a new website development project, the hosting service for the first full calendar year is provided free of charge, representing significant savings for the Client. From the second year onwards, the service becomes chargeable according to the fee schedule in force at the time. Detailed pricing information and current fee schedules can be viewed on the Service Provider's website in continuously updated form.

4.3. Domain name registration and management system

The registration or management of domain names does not fall within the Service Provider's own scope of activity. Domain name registration services are provided exclusively by Rackhost Zrt. (registered seat: 1132 Budapest, Váci út 22-24., company registration number: 01-10-045670), as the official domain registrar. In all matters concerning domain names (registration, renewal, transfer, technical problems), contact must be made directly with Rackhost Zrt.

4.4. Billing cycle and payment procedure

The annual fee for the hosting service is charged each year in the form of a payment request generated automatically and delivered electronically 8 days before the start day of the service period. Compliance with the payment deadline of 8 calendar days from the issuance of the payment request is mandatory. The Client is obliged to ensure that the electronic mail address it has provided remains continuously accessible for the receipt of payment requests.

4.5. Serious consequences of payment default

Should the Client fall into default with the payment of the hosting service fee, the service is terminated with immediate effect, without prior notice or warning. This includes the cessation of the website's availability, the shutdown of the electronic mail service, and the inaccessibility of all stored data. Restarting the service is possible exclusively following the full settlement of the entire debt (principal amount and late-payment fee).

4.6. Data backup system and data protection

As part of the basic service, the Service Provider creates automatic backups three times a week of the stored data, which are retained for 30 calendar days. Upon individual request by the Client, daily backups can also be provided, offering a higher level of data protection. The primary purpose of the backups is to restore data in the event of system errors and technical problems; however, they do not replace the Client's own data security measures.

4.7. Technical support and customer service

Within the framework of the hosting service, basic technical support is provided, which includes the remedy of server-side technical problems, the maintenance of the continuous operation of the service, and the provision of assistance on basic configuration matters. Support is available during business hours (Monday–Friday 9:00–17:00); however, in urgent cases we also attempt to solve the problem immediately outside business hours.

4.8. Definition of prohibited content and activities

It is expressly prohibited to store on the hosting content that is unlawful, infringes copyrights or other intellectual property rights, is pornographic or sexual in nature, incites violence or hatred, contains malicious software, or serves the distribution of spam or other forms of unsolicited electronic messages. Should such content be discovered, the Service Provider is entitled and obliged to terminate the service immediately, notify the authorities, and take legal action.

4.9. Resource usage limits and performance monitoring

The reasonable and fair use of the resources provided within the framework of the hosting service (storage space, bandwidth, processor capacity) is expected. Should a website produce a disproportionate level of resource usage that jeopardizes the quality of service of other clients, the Service Provider is entitled to introduce restrictive measures or to suspend the service until the problem is resolved.

5. Hourly-rate content management services

5.1. Detailed content and scope of the service

The hourly-rate content management service provides a flexible solution for the continuous maintenance and content updating of websites. The broad spectrum of tasks that can be carried out within the framework of the service includes the professional uploading and editing of textual and visual content appearing on the website, the professional optimization and integration of digital image materials, the accurate recording and updating of product data in the case of e-commerce platforms, as well as the execution of minor design modifications and functionality developments.

5.2. Pricing system and settlement methodology

The fee schedule of the hourly-rate content management service is available and can be viewed in current form on a continuous basis in the individual quotation and on the Service Provider's website. An important settlement principle is that every hour of work commenced is payable in full, regardless of how much actual work was carried out within the given hour. This is a generally accepted practice in the industry that ensures the calculability and advance predictability of the service.

5.3. Ordering process and subsequent settlement system

Due to the nature of hourly-rate content management work, the exact working time cannot be calculated in advance; therefore settlement takes place subsequently, on the basis of the work actually carried out. Prior to the commencement of the work, the Client provides a detailed description of the task in writing and approves the performance of the work. Following the completion of the actual work, a payment request calculated on the basis of the precise hourly rate is issued, which contains the work items carried out and the time spent on them. A payment deadline of 8 days from the issuance of the payment request applies to the settlement of the entire amount.

5.4. Sanctional consequences of payment default

In the case of hourly-rate services, payment default carries serious consequences. The Service Provider is entitled to temporarily or permanently lock the Client's website, which includes the cessation of the website's availability and the suspension of all functions. The lock remains in force until the entire debt (principal amount and late-payment fee) is settled.

5.5. Documentation of the work and handover procedure

Following the completion of the hourly-rate content management work, a detailed written report is prepared for the Client on the tasks carried out, which contains the specific work items, the time spent on each task, and a precise description of the changes made. The Client receives notification by electronic mail of the completion of the work and the availability of the report.

5.6. Quality assurance and post-work policy

For work carried out within the framework of the hourly-rate service, a 7-day quality assurance period applies, during which the Client may report any errors or problems. Corrections arising during this period that result from the fault of the Service Provider are carried out free of charge. After the expiry of the 7-day deadline, any further modification or correction is settled as new hourly-rate work.

6. Monthly-fee content management service (continuous maintenance)

6.1. Comprehensive service content and monthly framework

The monthly-fee content management service provides complex, continuous care for websites. The service includes regular content updates within the monthly framework, the immediate application of critical security updates, performance monitoring and optimization work, the preparation of detailed monthly activity reports, as well as priority technical support during business hours and, in urgent cases, outside business hours as well.

6.2. Contract duration and mandatory minimum period

Upon acceptance of the quotation for the monthly-fee content management service, a full one-year (12-month) contract is automatically concluded, from which no exception can be made. This longer-term commitment makes it possible to ensure the optimal standard of the service and to keep costs at a reasonable level. 30 days before the expiry of the contract, the Client is obliged to declare in writing whether it cancels the contract or extends it for a further period.

6.3. Automatic renewal mechanism

Should the Client not submit a written cancellation declaration 30 days before the expiry of the contract, the contract automatically renews for a further 12-month period under the same conditions. This mechanism ensures the continuity of the service and prevents an unintended interruption of the service. The Service Provider sends advance information about the fact of the automatic renewal.

6.4. Flexible payment options and invoicing system

Within the framework of the monthly-fee service, the Client pays in monthly instalments. In the case of monthly payment, the payment request is sent automatically 8 calendar days before the start of each invoicing period. The annual-fee content management and availability service referenced in Section 14.7 can be used as a separate, standalone arrangement, under different conditions and on the basis of an individual quotation.

6.5. Strict consequences of payment default

In the case of the monthly-fee maintenance service, payment default carries particularly serious financial consequences. In the event of late payment, the Client is obliged to pay the fee for the entire remaining part of the contractual period in a single sum, regardless of whether it actually uses the service. Simultaneously, the publication of the website is withdrawn and the service is suspended until the full settlement of the debt.

6.6. Extraordinary termination and regulation of the termination fee

In the event of termination of the monthly-fee content management service contract before its regular expiry, the Client is obliged to pay a termination fee, which is set at 50% of the fee for the remaining months, and is payable in a single sum. The purpose of the termination fee is to ensure the fulfilment of the obligations arising from the long-term nature of the contract and to guarantee the predictability of the service provider. The intention to terminate must be reported in writing, after which the termination fee is charged automatically.

6.7. Exclusion of service suspension

Due to the nature of the monthly-fee content management service, the suspension, interruption, or temporary shutdown of the service upon the Client's initiative is not possible. The monthly fee is continuously payable throughout the entire contractual period, regardless of whether the Client actually uses individual elements of the service.

6.8. Service level and performance guarantees

Within the framework of the monthly-fee maintenance service, the Service Provider undertakes to devote 95% of the monthly working-time budget to the maintenance of the Client's website, to provide priority customer service, and to respond to incoming requests within 24 hours on working days. In the case of urgent technical problems, it undertakes immediate intervention in order to restore the service.

7. Graphic design services and creative solutions

7.1. Complex graphic design portfolio

The Service Provider provides a wide range of graphic design services, which includes the professional design of custom logos and brand identity elements, the development of complex corporate identity systems, the creation of printed marketing materials (flyers, brochures, business cards, catalogues), the design of creative content and graphic elements optimized for social media platforms, the development of the visual appearance of product and service packaging, as well as the creation of graphic elements and banners related to websites.

7.2. Full advance payment obligation

The fee for graphic design services is in every case payable in full, in a single sum, in advance, before the design work commences. This payment method ensures the smooth conduct of the project and the uninterrupted continuation of the creative work. Following the issuance of the payment request, a payment deadline of 8 calendar days applies, without compliance with which the project cannot be started.

7.3. Structured design process and milestones

The graphic design project consists of well-defined phases: detailed briefing intake in order to understand the Client's needs and ideas, the development and presentation of several alternative initial concepts, an iterative revision process with a maximum of 3 revision rounds, and the professional development and handover of the final designs. Continuous communication and consultation with the Client are ensured throughout every phase.

7.4. Handover formats and file specifications

In completed graphic design projects, the finished works are handed over in several formats for the greatest usability. The package includes vector graphic formats (AI, EPS) to ensure scalability, print-optimized PDF files, PNG and JPG formats suitable for web use in appropriate resolution, as well as print-ready files in CMYK color space required for pre-press preparation.

7.5. Full transfer of usage rights

In respect of every creative work completed within the framework of the graphic design service, the Client acquires full, exclusive usage and ownership rights following the complete settlement of the entire service fee, which includes the unlimited commercial use, modification, further development, and licensing or transfer to a third party of the designs. The Service Provider, however, reserves the right to present the completed works in its reference portfolio and to use them for marketing and promotional purposes.

7.6. Quality assurance and post-work guarantee

Following the handover of graphic projects, a 14-day guarantee period applies, during which the Service Provider undertakes to correct any technical errors, file corruptions, or incorrect specifications free of charge. This guarantee, however, does not extend to changing the design concept or developing new creative directions.

8. Artificial intelligence based content production services

8.1. Spectrum of innovative content creation services

The content production service provided using artificial intelligence technologies offers a modern and efficient solution for producing various types of textual content. Within the framework of the service, the following can be created: textual content optimized for websites, engaging and informative blog posts, product descriptions and category texts for e-commerce platforms, social media content tailored to various platforms, texts optimized for search engine optimization (SEO), as well as professionally worded marketing content and newsletters.

8.2. Advance payment obligation and project-based pricing

The entire fee for the AI-based content production service is likewise payable in a single sum, in advance, before the project commences. The pricing depends on the quantity, complexity, and specialization of the requested content. The precise cost estimate is in every case prepared on the basis of an individual calculation, taking into account the specific requirements of the project and the expected quality level.

8.3. Quality assurance and uniqueness guarantees

The content generated by artificial intelligence is in every case unique and plagiarism-free, which we verify with specialized software. The Service Provider undertakes the professional proofreading, linguistic correction, and stylistic fine-tuning of the texts so that the end result meets the highest professional and linguistic requirements. The content fits the Client's brand and communication style.

8.4. Full transfer of usage rights

In respect of content supported by AI technology and finalized by the Service Provider, the usage and ownership rights fully vest in the Client following the settlement of the entire service fee. The Client is entitled to use the content for commercial purposes without limitation, to modify it, to further develop it, and to license or transfer it to third parties. The Service Provider does not retain any rights over the created content.

8.5. Limitation of liability regarding performance and effectiveness

The Service Provider guarantees that the content produced meets the specified technical and content requirements and is handed over in a grammatically and stylistically correct form. At the same time, it does not assume liability for business results, the market reception of the content, search engine optimization effects, or any indirect business consequences that may arise from the use of the content.

8.6. Technological development and service adaptation

Due to the rapid development of artificial intelligence technologies, the Service Provider reserves the right to continuously develop and replace the AI tools and methods used in order to always offer the most advanced and most efficient solutions. Technological changes, however, do not affect the conditions of projects already in progress.

9. Liability and guarantee provisions

9.1. Scope and principles of the Service Provider's liability

The Service Provider undertakes the full obligation to perform its services to the highest professional standard, in compliance with the applicable legal requirements and industry standards, and with precise adherence to the conditions and deadlines set out in the contract concluded with the Client. The Service Provider may be held liable for any omission or defective performance that arises from its culpable conduct and that causes damage to the Client.

9.2. Limitation of the extent of liability and cases of exclusion

The Service Provider's civil liability is in every case capped at the amount of the contractual value of the specific service, i.e. the obligation to pay damages may not exceed the amount of the service fee actually paid. The Service Provider expressly does not assume liability for indirect damages, lost profit, the loss of business opportunities, reputational damages, or any consequential damage arising from the use of the service or the failure thereof.

9.3. Detailed rules of the lifetime software guarantee

Unlike the traditional warranty construction, the Service Provider provides a lifetime software guarantee without time limitation in respect of every website it develops. This guarantee extends exclusively to the remedy of operational malfunctions caused by changes in the browser-side (client) and server-side environment, in particular: display or operational problems arising from changes in future versions of web browsers, compatibility errors arising from version changes in the server environment (PHP, database engine, web server software), as well as the correction of disruptions arising from changes in the security and operating rules of browsers. The guarantee expressly does not include the modification of design elements, the addition of new features, content updates, other modifications requested by the Client, the correction of errors caused by a third party, or any adaptation work that does not arise directly from browser- or server-side environmental changes.

9.4. The Client's liability obligations and cooperation obligation

The Client assumes full responsibility for the timely provision of the necessary materials, information, and decisions, for the fulfilment of cooperation obligations, and for taking timely positions on questions arising during the project. The Client is furthermore responsible for ensuring that the content published on the website does not infringe the rights of third parties, complies with the applicable legal requirements, and does not contain unlawful or harmful elements.

9.5. Force majeure situations and grounds for exemption

Both contracting parties are exempt from the performance obligation in the event of force majeure (an unavoidable external cause), which includes natural disasters, war situations, terrorist attacks, epidemic emergencies, significant internet service provider or server outages, prolonged power supply failures, and any extraordinary circumstance beyond human control that prevents the fulfilment of the contractual obligations.

9.6. Damages procedure and burden of proof

In the event of enforcing a claim for damages, the injured party is obliged to prove in detail the fact of the occurrence of the damage, the specific extent of the damage, and the causal connection between the Service Provider's conduct and the damage that occurred. The claim for damages must be reported in writing within 30 days of becoming aware of the damage; otherwise the claim lapses. The Service Provider undertakes to investigate the reported claims for damages within 15 working days and to take a position on the merits of the claim.

10. Conclusion of the contract and procedures for modifying the legal relationship

10.1. Conditions for the conclusion of the contract and entry into force

The service contract is concluded simultaneously with the express acceptance of the offer on the part of the Client and the provision of complete, accurate billing data. The day of entry into force of the contract is in every case the date of the electronic confirmation of the order, which also serves as the starting point for the calculation of the performance deadlines. An automatic confirmation electronic mail is sent to both parties regarding the conclusion of the contract.

10.2. Service-type-specific contract durations

The various service types have different contract durations and sets of conditions:

  • Website development projects: a one-off service that automatically terminates upon the handover and acceptance of the project
  • Hosting service: a legal relationship of indefinite duration with automatic annual renewal and a 30-day termination option
  • Hourly-rate content management: an ad-hoc contractual relationship that naturally terminates upon the completion of the given task
  • Monthly-fee maintenance service: a fixed-term contract of a minimum of 12 months with an automatic renewal option
  • Graphic design projects: a one-off creative service with automatic termination upon the completion of the project
  • AI content production: a project-based one-off service performed upon the handover of the content

10.3. Conditions and procedure for contract modification

The modification of a concluded service contract is possible exclusively by the express, written agreement of both contracting parties. The requirement of written form is also satisfied by a declaration made in the form of an electronic mail, provided that it contains the precise subject of the modification, the date of its entry into force, and the unambiguous declaration of acceptance of both parties. Contract modifications enter into force on the date recorded in the agreement; they may not have retroactive effect.

10.4. Unilateral modification rights and their limits

The Service Provider reserves the right to unilaterally modify these GTC and the service fee schedules where justified by a change in legislation, significant technological developments, changes in market circumstances, or business policy considerations. A unilateral modification may only be applied in the case of contracts already concluded, and in every case may enter into force only after at least 30 calendar days' prior, written notice. In the event of the failure to give notice or the improper delivery thereof, the modification is legally ineffective.

10.5. Right to object to a modification

Should the Client not agree with a unilateral contract modification initiated by the Service Provider, it is entitled to terminate the contract by ordinary termination with a 15-day notice period prior to the intended entry into force of the modification. In this case, the consideration for services already performed is not refunded; however, no further fee payment obligation arises. The intention to terminate must be communicated in writing to the Service Provider.

11. Contract termination and termination procedures

11.1. Cases and conditions of ordinary termination

In respect of continuous services, the following ordinary termination rules apply:

  • In the case of the hosting service: a 30 calendar-day notice period applies, aligned with the natural end of the service period
  • In the case of the monthly-fee maintenance service: termination is possible exclusively at the expiry of the 12-month contract period, with 30 days' prior written notice
  • In the case of one-off services: they automatically terminate upon the completion of performance; no separate termination procedure is required

11.2. Legal grounds and consequences of extraordinary termination

Both contracting parties are entitled to terminate the contract with immediate effect, by extraordinary termination, in the event of a serious breach of contract. A serious breach of contract includes in particular: repeated or significant payment default, the use of prohibited or unlawful content, unfair conduct towards the staff of the Service Provider, the deliberate causing of recurring technical problems, and any conduct that makes the continuation of the contractual cooperation impossible.

11.3. Special cases of termination by the Service Provider

The Service Provider is entitled to terminate with immediate effect in the following cases:

  • In the event of payment default: immediate termination of the service without a payment demand
  • In the event of the discovery of unlawful content: immediate suspension without prior notice
  • In the event of a system security risk: suspension until the security problem is remedied
  • In the event of causing recurring technical problems: immediate termination in order to protect other clients

11.4. Legal and practical consequences of contract termination

From the date of termination of the contract, all of the Service Provider's service provision obligations cease, the public availability of the website and related services is immediately interrupted, the electronic mail service is shut down, and all access provided to the Client is revoked. The Service Provider, however, retains the related data in its own systems for 30 calendar days from termination in order to ensure the possibility of a potential restoration or of the data handover under Section 11.5; during this period the data is not directly accessible to the Client, and is available exclusively upon separate request, with the assistance of the Service Provider.

11.5. Data handover procedure and its costs

In the event of termination of the contract, the Client is entitled to request the handover of its data related to the website and services. The data handover takes place for a separate fee, the amount of which depends on the quantity and complexity of the data. The handover of the data is possible in the following formats: a full database dump in SQL format, an archive of the website files in a ZIP package, as well as electronic mail data in MBOX format.

11.6. Final data deletion and irreversibility

Following the expiry of the 30-day data retention period, the Service Provider is obliged to permanently and irreversibly delete all data, files, backups, and information related to the Client from its servers and all storage devices. Following deletion, the restoration of the data is not possible under any circumstances; therefore the timely saving and backup of the data takes place at the Client's own responsibility.

12. Complaint handling procedures and dispute resolution mechanisms

12.1. Manner and channels of complaint submission

A complaint may be submitted exclusively by electronic mail, in writing, to the following address: info@pws.hu. A complaint submitted by telephone or orally is not registered and does not initiate an official complaint handling procedure. The electronic complaint submission must contain the complete identification data of the complainant, a detailed description of the subject of the complaint, the date of the aggrieving event, and the attachment of all relevant documents.

12.2. Course and phases of the complaint handling procedure

Following the receipt of the complaint, the Service Provider sends an electronic confirmation of the registration of the complaint without delay, but no later than within 2 working days, and assigns a unique case identification number to it. Thereafter, the substantive investigation of the complaint begins, which includes the review of the relevant documents, the obtaining of an expert opinion where necessary, and the full ascertainment of the facts.

12.3. Response deadlines and communication obligations

Depending on the type of complaint, different response deadlines apply:

  • In the case of simple complaints with clarified facts: written response and action within 5 working days
  • In the case of complex complaints or those involving several parties: detailed investigation and response within 15 working days
  • In the case of technical complaints requiring an expert opinion: full response within 30 working days

The Service Provider is obliged to regularly inform the complainant of the status of the investigation and the expected completion date.

12.4. Options for consumer protection authority proceedings

Should the Client qualify as a consumer, it is entitled, in the event of dissatisfaction with the outcome of the complaint handling procedure or the exceeding of the response deadline, to turn to the territorially competent consumer protection authority. In the case of a consumer legal dispute, it is also possible to initiate conciliation board proceedings, which represent a faster and more cost-effective alternative to court proceedings.

12.5. Judicial enforcement and jurisdiction

Should the disputed questions not be resolvable amicably, either party is entitled to initiate court proceedings. In the case of disputes arising from the contract, the court competent according to the registered seat of the Service Provider has jurisdiction and competence, except where the Client qualifies as a consumer, in which case the court according to the consumer's place of residence or place of stay may also be competent. The parties expressly undertake to consider the use of mediation or other alternative dispute resolution methods before court proceedings.

12.6. Applicable law and legal interpretation

Every legal relationship arising from the contract and any disputes arising from it are governed exclusively by Hungarian law, with particular regard to the provisions of the Civil Code, the Act on Consumer Protection, and the legislation on electronic commerce services. In matters with an international aspect, the provisions of the Act on Private International Law must be applied.

13. Professional demarcation and boundaries of activity

13.1. Definition of the Service Provider's scope of activity

The Service Provider undertakes to provide exclusively the IT, web development, graphic design, and content production services defined in these GTC. The Service Provider's scope of activity does not extend to the development of marketing strategy, the continuous management of search engine optimization (SEO) campaigns, social media management, the planning and conduct of online advertising campaigns, market research, PR activity, external link building (backlink strategy), or any other task belonging specifically to the marketing or communications field.

13.2. Marketing activity carried out by a third party

Should the Client engage a third-party service provider (e.g. a marketing agency, SEO expert, social media manager) in order to increase the website's traffic, optimize it for search engines, or otherwise develop it for marketing purposes, the Service Provider assumes no liability whatsoever for the activity, recommendations, results, or omissions of such third party. The technical modifications requested by the third-party marketing service provider (e.g. insertion of tracking codes, modification of meta data, Search Console integration) can be carried out independently by the Client or the third party authorized by it through the administration interface provided by the Service Provider.

13.3. Internal policy and professional integrity

The Service Provider's internal professional policy expressly prohibits the substantive performance of activities belonging to other professional fields, the provision of professional advice thereon, or the assumption of liability for results of such nature. This restriction has been introduced in order to guarantee the quality of the service and to respect the boundaries of professional competence. Accordingly, the Service Provider does not provide marketing advice, does not evaluate the work of a third-party marketing service provider, and does not assume an intermediary role between the Client and its marketing service provider. This prohibition does not affect the Service Provider's technical cooperation obligation under Section 13.4, within the framework of which it may provide access to third-party service providers.

13.4. Technical support for third-party service providers

Upon the Client's request, the Service Provider provides the possibility of access to the administration interface to third-party service providers engaged by the Client (e.g. a marketing agency). Access takes place exclusively at the responsibility and on the instruction of the Client; the Service Provider assumes no liability for the modifications and settings made by the third party in the administration interface or for their consequences. The access provided to the third party may be revoked at any time upon the Client's written request.

14. Working-hour based pricing and rules for exceeding the time budget

14.1. The working-hour calculation forming the basis of the quotation

In the interest of correct and transparent work, every new website development quotation is prepared on the basis of the previously calculated quantity of working hours necessary for the full completion of the project. The Service Provider's uniform hourly rate is HUF 11,000 (i.e. eleven thousand forints) per hour, which is a VAT-exempt fee in view of the Service Provider's personal VAT-exempt (AAM) tax status. On the basis of this hourly rate, the estimated total hourly-fee requirement of the project and the final service fee are determined. This pricing method ensures a predictable cost for the Client and fair, economical working conditions for the Service Provider.

14.2. Mandatory fixing of the project specification forming the basis of the quotation

The quotation is prepared on the basis of the business needs communicated by the Client prior to the conclusion of the contract, the precise list of the ordered features, their operating structure, the third-party services to be integrated (external API connections, payment gateways, e-mail providers, newsletter managers, CRM systems, and all other external systems), as well as the previously fixed specification of the data management and business processes. This specification forms an inseparable part of the contract and constitutes a binding agreement between the parties regarding the subject of the service in accordance with the relevant provisions of Act V of 2013 on the Civil Code (Polgári Törvénykönyv). The quotation relates exclusively to the functionality and operating scope recorded therein; needs beyond this do not fall within the scope of the original contractual obligation.

14.3. Consequences of significantly exceeding the working-hour budget

Should the originally calculated quantity of working hours be exceeded by at least 50% as a result of circumstances arising on the Client's side, the work carried out beyond this time budget may be performed for a separate fee. Such circumstances include in particular, but are not exclusively limited to: the subsequent notification of new features, fields, database extensions, external API connections, or integrations not included in the original specification; requests aimed at the substantive transformation of the operating logic of already accepted and developed features; modification and fine-tuning requests exceeding a reasonable extent; repeated consultation requests; delayed or continuously changed decisions; as well as any conduct that impedes the natural progress of the project. The hourly rate for the additional work is equal to the Service Provider's uniform hourly rate, i.e. HUF 11,000 / hour (AAM, VAT-exempt), and every hour of work commenced is payable in full.

14.4. Subsequently notified features and integrations – modification of the contract

Every new feature, data field, operating logic element, external system integration (API connection), or other supplementary need notified after the conclusion of the contract, after the commencement of the development work, which was not included in the original, accepted project specification or substantively deviates from it, qualifies as a unilateral extension of the subject of the contract initiated by the Client. Needs of this nature may drastically increase the actual development time, even several-fold, since they often make it necessary to partially or fully transform the work already completed, to modify the database structure, to build in new security layers, and to retest the entire system. The Service Provider is entitled, but not obliged, to fulfil these subsequent needs. Should the Service Provider undertake the implementation of the subsequent needs, it performs them exclusively within the framework of hourly-rate settlement in accordance with these GTC, with a separately calculated additional cost. The Client's obligation to pay for this hourly-rate additional work arises simultaneously with the electronic confirmation of the relevant order.

14.5. Prohibition of the abusive exercise of modification requests

The Client expressly acknowledges and accepts that a fixed-price development quotation does not provide an unlimited and inexhaustible development time budget, and that the contractual relationship cannot be interpreted as an open order that can be continuously changed, nor as a feature catalogue that can be extended at the Client's discretion. The abusive, repeated exercise of modification, supplementation, and transformation requests, or exercise aimed at the substantive change of the original purpose of the project, violates the prohibition of the abuse of rights set out in Section 1:5 of the Civil Code (Ptk. 1:5. §) and constitutes a serious breach of contract. In the event of such conduct, the Service Provider is entitled, at its choice, to: a) refuse the fulfilment of the needs with reference to the original specification, b) perform the additional work exclusively on an hourly-rate basis, with advance payment, c) terminate the contract with immediate effect while retaining the proportionate consideration for the work already carried out, or d) declare the project completed in its given state and make the remaining contractual fee due.

14.6. Documentation of the overrun and notification procedure

The Service Provider continuously documents the time spent on the project during the work, and is obliged to notify the Client in writing (by electronic mail) when the quantity of working hours used reaches 100% of the originally calculated budget, and sends a further notification upon reaching the 150% threshold. The notification sets out in detail the factors causing the additional work (with particular regard to subsequently notified features and modification requests), as well as an estimate of the expected additional cost. The Client may then decide on the further course of the project: it either accepts the hourly-rate additional work in writing, or waives in writing its remaining modification and supplementation needs and acknowledges that the project will be handed over in the state according to the original specification.

14.7. Service packages for satisfying continuous maintenance and modification needs

For those Clients who, even after the handover of the website, regularly have modification, extension, fine-tuning, or content updating needs, the Service Provider offers the following three-tier content management and availability service designed specifically for this purpose, which makes it possible to continue the cooperation under fair and predictable conditions:

a) Hourly-rate content management and availability service: a service that can be used on the basis of ad-hoc orders, as needed, the detailed conditions of which are regulated in Section 5 of these GTC. This arrangement is optimal for those Clients whose change needs arise only occasionally, at unpredictable intervals.

b) Monthly-fee content management and availability service: a continuous service provided with a predetermined monthly working-time budget and priority customer service, the conditions of which are contained in Section 6 of these GTC. This arrangement is recommended for those Clients who plan modifications, updates, or developments on a monthly basis.

c) Annual-fee content management and availability service: an extended service package provided in return for an annual fee paid in advance in a single sum, which is valid for a 12-month contractual period. Where the Client's website operates on the Service Provider's own server infrastructure, significant discounts can be applied within the framework of the annual-fee service compared to both the monthly-fee base fee and the hourly-rate additional work, and priority and extended availability are ensured. The rules set out in Section 6 (automatic renewal mechanism, termination fee, exclusion of suspension) apply mutatis mutandis to the annual-fee arrangement, with the difference that payment takes place in a single sum, in advance, at the start of the period. The precise discounts, the monthly working-time budget, and all other individual conditions are recorded by the Service Provider in an individual quotation.

The Service Provider expressly draws the Client's attention to the fact that the satisfaction of regular modification and development needs is served by ordering one of the above maintenance packages, and not by extending the framework of the original development contract. In the event of the failure to order the maintenance service, the Client may not rely on the argument that its modification needs are to be fulfilled free of charge within the framework of the development contract.

14.8. Purpose and justification of the pricing principle

The purpose of the regulation set out in this section is to ensure a balanced, correct, and sustainable contractual cooperation between the Service Provider and the Client, as well as the precise fixing of the rights and obligations of the parties resting on the principle of good faith and fair cooperation required by the Civil Code. A fixed-price service works economically and in a qualitatively sustainable manner only if both parties remain within the framework of the original agreement. In the event of a significant overrun of the working-hour budget, hourly-rate settlement ensures that the Service Provider is not forced into economically loss-making, unfair work, while the Client can see precisely and transparently which specific factors the additional cost arising from the overrun derives from. These provisions are not suitable for the unjustified enrichment of the Service Provider; they serve exclusively to ensure the fair consideration for the additional work actually carried out.

15. Hosting choice and conditions for the use of external server infrastructure

15.1. The premium hosting infrastructure provided by the Service Provider

The Service Provider provides its own, premium-quality hosting service free of charge for the first full calendar year to every client of a new website development project. This hosting infrastructure is built on the most modern network and server technology solutions and guarantees the following technical parameters: a minimum of 2 GB of dedicated memory (RAM) per website, a 100 GBit/s bandwidth network backbone, unlimited data traffic, unlimited electronic mail traffic, SSD-based high-speed background storage, an automated backup system, as well as daily security monitoring. These parameters ensure the optimal runtime environment for the software developed by the Service Provider and the maximum performance of the websites.

15.2. The Client's right to choose an external hosting provider

The Client has free decision-making authority as to whether it wishes to use the free premium hosting service provided by the Service Provider, or whether it wishes to operate the completed website on the server infrastructure of a third-party provider of its own choice (hereinafter: external provider). Should the Client decide to relocate to an external provider, it is obliged to report this intention to the Service Provider in writing.

15.3. Consequences of choosing external server infrastructure for the software guarantee

Should the Client not wish to use the free hosting service provided by the Service Provider and relocate the completed website to an external provider's server, as a direct consequence thereof every discount and guarantee undertaken by the Service Provider automatically ceases to have effect. This extends fully to the following: the lifetime software guarantee (given that this guarantee, under Sections 3.8 and 9.3, is a function of the server environment), the preferential conditions of the monthly-fee and annual-fee content management and availability services referenced in Section 14.7, any discount on the hourly-rate content management service, and every other preferential condition relating to websites operating on the Service Provider's hosting.

15.4. Liability relationships in the case of external server infrastructure

The Service Provider expressly excludes its liability for any operational error, performance problem, security incident, or other malfunction arising from the inadequate configuration, incomplete settings, low performance, or security deficiencies of the external provider's server infrastructure, or from operation differing from the technical environment recommended by the Service Provider. This includes in particular, but is not exclusively limited to: errors arising from the use of an inappropriate PHP version, missing or improperly configured server modules, slowdowns caused by insufficient memory or processor capacity, faulty database configuration, incomplete security settings, as well as any environmental factor that impedes the optimal operation of the software developed by us.

15.5. Maintenance and repair work carried out on external infrastructure

Should the Client wish to order maintenance, error-correction, or other development work on a website operating on an external provider's server, the Service Provider undertakes this exclusively on an hourly-rate basis, without discount, at the full market price. The diagnosis and correction of errors arising on the external server in every case qualifies as hourly-rate work, the fee for which is HUF 11,000 / hour (AAM, VAT-exempt), and every hour of work commenced is settled in full. Before ordering work of this nature, the Service Provider is entitled to carry out a detailed environment assessment, the fee for which is likewise subject to hourly-rate settlement.

15.6. Possibility of relocating back to the Service Provider's hosting

Should the Client, after relocating to an external provider, decide that it wishes to relocate its website back to the Service Provider's hosting service, this possibility is open subject to the payment of the hosting fee in force at the time. The technical process of the relocation is settled as a separate hourly-rate service. Following the relocation, the Service Provider again undertakes to provide the previously ceased guarantee and preferential conditions, on the condition that the Client thereafter continuously operates its website on the Service Provider's hosting.