Terms of Service | SiteZaMalko

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the SiteZaMalko website (sitezamalko.com) and the website creation, design, development, hosting, domain registration, and related services ("Services") provided by SiteZaMalko ("we," "us," or "our"). By accessing our website, requesting a quote, or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

2. Description of Services

SiteZaMalko provides professional website creation and related services, including but not limited to:

Custom website design and development (e.g., Wix, Shopify, WordPress, or custom solutions).
Landing pages and business websites for small businesses.
Domain name registration and/or transfer.
Web hosting and ongoing maintenance.
Content creation, copy, and basic SEO as agreed in your project.
Support and updates as specified in your plan or agreement.

The exact scope, deliverables, timeline, and price for your project will be set out in a separate quote, order form, or service agreement ("Project Agreement"). In case of conflict between these Terms and a signed Project Agreement, the Project Agreement prevails for that project.

3. Eligibility and Account

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services. If you are acting on behalf of a business, you represent that you have authority to bind that business. You are responsible for providing accurate contact and billing information and for keeping it up to date.

4. Quotes, Orders, and Payment

Quotes: Quotes and pricing (including monthly plans, one-time fees, or package prices) are valid for the period stated in the quote and are subject to change after that period or if the scope of work changes.
Orders: An order is accepted when we confirm it in writing (e.g., by email) or when we begin work as agreed. We may decline orders at our discretion.
Payment terms: Payment terms (e.g., upfront deposit, milestone payments, or monthly subscription) will be specified in your Project Agreement or invoice. You must pay by the due date. Failure to pay may result in suspension of Services, late fees, and termination.
Prices and taxes: Prices are as quoted and may exclude applicable taxes (e.g., VAT). You are responsible for any taxes unless we are required by law to collect them.

5. Your Obligations and Content

You agree to:

Provide timely feedback, content (text, images, logos), and access (e.g., accounts, credentials) necessary for us to perform the Services.
Ensure that all content you provide does not infringe any third-party rights (e.g., copyright, trademark) and is not illegal, defamatory, or harmful.
Use the delivered website and Services in compliance with applicable laws and these Terms.

We are not responsible for delays or additional costs caused by late or incomplete provision of materials or feedback by you.

6. Intellectual Property and Ownership

Unless otherwise agreed in writing: (a) you retain ownership of your pre-existing content (e.g., logos, text, images you provide); (b) we retain ownership of our pre-existing tools, templates, and methodologies; (c) upon full payment, you receive a license or ownership (as specified in your Project Agreement) to the custom design and development created specifically for your project. Domain names, once registered in your name, are yours subject to the registrar's terms. Stock assets or third-party components may remain subject to their respective licenses.

7. Hosting, Domain, and Subscriptions

Where we provide hosting or domain services (included in a plan or separately), they are subject to the relevant third-party provider's terms (e.g., hosting provider, domain registrar). We will use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted service. Subscription plans (e.g., monthly website + hosting) renew automatically unless cancelled in accordance with the cancellation terms we communicate to you. You are responsible for renewing or transferring domains before expiry if that responsibility is assigned to you.

8. Revisions and Acceptance

We will provide revisions or rounds of feedback as specified in your Project Agreement. Additional revisions may be available for an extra fee. You must review deliverables promptly and communicate any issues within the agreed review period. Proceeding to use or publish the website, or failure to object within the review period, may be deemed acceptance of the deliverables.

9. Cancellation and Refunds

Cancellation and refund terms will be set out in your Project Agreement or quote. In the absence of a specific agreement: (a) you may cancel before we have substantially started work for a refund of any prepaid amount minus reasonable administrative costs; (b) after work has started, fees for work already performed are non-refundable; (c) subscription plans may be cancelled in line with the billing cycle and our communicated cancellation process. We may cancel or suspend Services for non-payment, breach of these Terms, or for operational reasons, with reasonable notice where feasible.

10. Disclaimer of Warranties

Our Services are provided "as is" and "as available." We do not warrant that the website or Services will be error-free, uninterrupted, or fully secure. We disclaim all implied warranties (including merchantability and fitness for a particular purpose) to the maximum extent permitted by law. Your use of the website and Services is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, SiteZaMalko and its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business opportunity), whether in contract, tort, or otherwise. Our total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the amount you paid us for the relevant project or service in the twelve (12) months preceding the claim. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless SiteZaMalko and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Services or the delivered website; (b) your content or your breach of these Terms; or (c) any third-party claim that your content infringes their rights.

13. Confidentiality and Data

We will treat your business and project information as confidential and use it only to provide the Services, in line with our Privacy Policy. We may mention your project in our portfolio or marketing unless you request otherwise in writing.

14. Changes to Terms and Services

We may modify these Terms from time to time. The "Last updated" date at the top will be revised. Material changes will be communicated (e.g., by email or a notice on our website). Your continued use of the Services after the effective date of changes constitutes acceptance. For existing projects, the Terms in effect at the time of your order apply unless we agree otherwise. We may also change the scope or pricing of Services for new orders with notice.

15. General

These Terms, together with our Privacy Policy and any Project Agreement, constitute the entire agreement between you and SiteZaMalko regarding the Services. No waiver of any term shall be deemed a further waiver of that or any other term. If any provision is held invalid, the remaining provisions remain in effect. We may assign our rights and obligations; you may not assign without our written consent. These Terms are governed by the laws of Bulgaria. Any disputes shall be submitted to the competent courts of Bulgaria, unless mandatory consumer law in your country requires otherwise.

16. Contact

For questions about these Terms or our Services, contact us at: sitezamalko@gmail.com.