1. Service Provider, Definitions, and Scope of the General Terms and Conditions

Service Provider

Márton Horváth

Business Name

DigiXRAY Labs Web Development & Web Design

Brand Name

Digital trail

Title

Wallstraße 37, 55122 Mainz, Germany

Email

hello@digiosveny.hu

Phone

+36 70 802 4667

VAT ID No.

DE459201917

These General Terms and Conditions apply to the contract between the Service Provider and the natural or legal person ordering the service—hereinafter referred to as the “Customer”—provided that the Customer had the opportunity to review these General Terms and Conditions prior to entering into the contract and accepted their application.

Consumer a natural person who enters into a contract primarily for purposes other than business or independent professional activities. Business Customer anyone acting in the course of their business or independent professional activities.

Any provisions contained in a customized written offer, project description, order confirmation, data processing agreement, or other separate agreement shall take precedence over these General Terms and Conditions.

2. Conclusion and Documentation of the Contract

1. The service descriptions, packages, and starting prices listed on the website are for informational purposes only; they do not constitute a binding offer in and of themselves.
2. Submitting a contact, audit, or needs assessment form constitutes a request for a quote. The automatic confirmation serves solely to acknowledge receipt.
3. The contract is concluded upon acceptance of the Service Provider’s specific offer or upon separate written confirmation of the order.
4. The proposal must include, at a minimum, the essential details of the service, the items to be delivered, the fee or method of calculating the fee, the general schedule, and the period during which the proposal is binding.
5. As a general rule, the language of the contract is Hungarian. Documents in German or English may also be used pursuant to a separate agreement.
6. The parties shall retain the electronic contractual documents on a durable medium.

3. Scope and Modifications to the Service

Depending on the specific proposal, the service may include, among other things, web design, UX/UI, WordPress, Elementor, maintenance, performance optimization, content management, domain management, hosting, CRM, customer service, automation, or AI integration tasks.

Only those features, page counts, language versions, integrations, content, source materials to be provided, and the support period that are expressly specified in the proposal or project description are included in the scope of the commitment.

Request for Change

A request to modify the scope that has already been approved constitutes a change request. The Service Provider shall indicate the expected impact on fees and deadlines before commencing the additional work and shall carry it out only after receiving the Customer’s approval.

4. The Customer’s Cooperation

The Client shall provide the necessary data, content, access rights, decisions, and approvals in a timely manner. In particular, the Client is obligated to provide legally usable text, images, logos, trademarks, and other materials; to provide requested feedback and approval within a reasonable time; to transmit access credentials via a secure channel; and to provide information regarding any modifications made by the Client or a third party.

If the contribution is delayed, the performance schedule may be adjusted in accordance with the delay and its verifiable consequences. Additional fees may only be charged based on prior notice and actual additional expenses incurred.

5. Schedule, Deadlines, and Obstacles

The schedule is determined by the specific proposal or project plan. The specified dates are contingent upon the Client’s timely cooperation, the project scope remaining unchanged, and the availability of the necessary external services.

A deadline is considered a binding final deadline only if the parties expressly designate it as such. The Service Provider shall notify the Customer without undue delay if unforeseeable technical obstacles, a third-party error, a security incident, force majeure, or a lack of cooperation on the part of the Customer affects the schedule.

6. Handover, Inspection, and Acceptance

The Service Provider shall deliver the completed portion of the work or the portion ready for review in a test environment, via a preview link, as a file, or by any other agreed-upon method. The Client shall review the work within a reasonable time, then either accept it or report any material, reproducible defects in sufficient detail.

In the case of performance of a contract for services, Section 640 of the BGB governs acceptance. A minor defect alone does not constitute grounds for refusing acceptance. In the case of a consumer, a separate warning as required by law is necessary for acceptance to be deemed to have occurred by tacit consent.

A request for a new feature, a change in content, or a change in style does not automatically constitute a defect; the parties treat such requests as requests for modifications.

7. Fees, Billing, and Payment

The fee, tax treatment, currency of payment, and payment schedule are specified in the individual offer. Unless otherwise clearly indicated, the price communicated to the consumer is the total amount due.

For project work, the proposal may specify, for example, a 50% advance payment upon project initiation and a 50% final invoice. This applies only if the specific proposal expressly includes such terms. The advance payment does not automatically become a forfeited deposit or penalty; upon termination, the parties will settle accounts based on the work actually performed and lawfully billable.

The invoice is due by the date specified on it. In the event of a delay, the statutory rules regarding late payment shall apply. Following an unsuccessful demand for payment and a reasonable grace period, the Service Provider may suspend any remaining or further performance on a pro rata basis, provided that this does not violate any mandatory consumer protection rules.

8. External Services, Licenses, and Access

The project may use external hosting, a domain, a plugin, a template, a font, an API, or email, payment, analytics, communication, or AI services. Third-party licenses, subscriptions, and usage fees are only included in the service fee if specifically stated in this offer.

The third-party service provider’s own terms and conditions, data handling practices, availability, and price changes may be beyond the Service Provider’s control. The Service Provider acts with the expected professional diligence during the integration it selects or recommends, but cannot guarantee the continuous, uninterrupted operation of third parties.

9. Copyright and Usage Rights

The Service Provider’s previously created methods, templates, components, libraries, know-how, and generally reusable elements shall remain the property of the Service Provider or the original rights holder.

The Client shall acquire the right of use specified in the proposal for project materials created exclusively for the Client and paid for in full. Unless otherwise specified, this right covers the intended, timely, and geographically unrestricted commercial use of the completed website.

Exclusive rights, resale rights, editable graphic source material, developer source code, premium licenses, or the transfer of third-party elements are permitted only under an express agreement. Public presentation of the project as a reference is subject to separate authorization or another appropriate legal basis.

10. The Use of Artificial Intelligence

The Service Provider may use AI tools for brainstorming, analysis, drafting text and code, summarization, quality control, customer service preparation, or automation. AI output does not constitute final delivery, a binding offer, or an independent contractual decision without professional review.

An AI interface that communicates directly must be identified as artificial intelligence. The AI is not authorized to enter into contracts on behalf of the Service Provider, provide individual guarantees, or create payment obligations.

The Customer may not disclose any unnecessary sensitive personal information, passwords, credit card information, identification documents, or third-party trade secrets on the AI platform.

11. Data Protection and Confidentiality

The parties shall process personal data in accordance with applicable data protection law. If the Service Provider processes personal data on behalf of the Customer, the parties shall, if necessary, enter into a separate data processing agreement in accordance with Article 28 of the GDPR.

The parties shall use any confidential business information obtained during the course of the project—whether designated as confidential or confidential by its nature—solely for the purpose of performing the contract, shall protect it appropriately, and shall disclose it only to those persons or service providers necessary for such performance.

12. Defective Performance, Repairs, and Maintenance

Statutory warranty rights remain in effect. The Service Provider is entitled, as a first step, to correct the error within a reasonable time or to provide appropriate substitute performance. The error report should, if possible, include the affected page or feature, the symptom, the steps to reproduce the issue, and a screenshot.

The absence of a feature not included in the offer does not automatically constitute a defect; the consequence of an uncoordinated modification by the Customer or a third party; subsequent changes to an external service provider, browser, operating system, or search engine, provided that the Service Provider did not cause such changes; nor shall the failure to achieve specific SEO rankings, revenue, traffic, or conversions be considered a defect, provided that no express guarantee of results was given.

Post-delivery updates, monitoring, and maintenance are included in the service only if specified in the proposal or a separate agreement.

13. Liability

The Service Provider shall be liable without limitation for damages caused intentionally or through gross negligence; for injury to life, physical integrity, or health; for breach of an expressly assumed warranty; fraudulent concealment; and in all cases where liability is mandated by law.

In cases of slight negligence, liability extends only to a breach of a material contractual obligation and is limited to foreseeable damages typical for that type of contract. This does not diminish the consumer’s statutory rights.

14. Term, Termination, and Settlement

A project-based contract terminates upon completion of the work, handover, and final settlement. The term and standard notice period for ongoing maintenance or support services are specified in the individual proposal.

The Client may terminate the contract for services in accordance with Section 648 of the BGB until performance is completed. When calculating the fee, any savings in expenses, income obtained by other means, and income lost due to bad faith must be taken into account. The advance payment made does not automatically become a penalty.

Both parties are entitled to terminate the contract for good cause, in accordance with the provisions of Section 648a of the BGB. The parties shall settle accounts item by item for the work completed up to the date of termination, approved external expenses, and data to be transferred.

15. Consumer Right of Withdrawal

This section applies to Customers who, as consumers, enter into a contract at a distance or off-premises.

Notice of Right of Withdrawal

The consumer may withdraw from the contract within fourteen days of its conclusion without providing a reason. The intention to withdraw must be communicated by means of an unambiguous statement:

To meet the deadline, it is sufficient for the consumer to send the notice of withdrawal before the deadline expires.

Commencement of Performance During the Cancellation Period

If the consumer expressly requests that the performance of the service to be paid for begin before the expiration of the fourteen-day period, in the event of withdrawal, the consumer is obligated to pay the value of the service proportionately performed up to the time the withdrawal was notified, provided that the consumer received adequate information in advance and expressly requested the early commencement.

In the case of a paid service, the right of withdrawal ceases only upon full performance of the service if the consumer has expressly consented to early performance prior to the commencement of performance and has confirmed that he or she understands that: that full performance will result in the loss of the right of withdrawal. The nature of a custom website or other personalized service does not, in and of itself, automatically preclude the right of withdrawal for that service.

16. Complaints, Applicable Law, and Legal Disputes

Complaint regarding the hello@digiosveny.hu can be submitted at the address provided. The Service Provider will document the complaint, review it on its merits, and respond without undue delay.

The Service Provider is not obligated to, and does not agree to, participate in dispute resolution proceedings before a consumer arbitration board. The European Union’s former online dispute resolution platform has been discontinued; therefore, no ODR/OS link is included in this document.

The law of the Federal Republic of Germany shall govern this contract. In the case of a consumer, this choice of law shall not deprive the consumer of the mandatory protective provisions of the state in which the consumer has his or her habitual residence, from which it is not possible to derogate by agreement.

Exclusive jurisdiction in Mainz may be stipulated only if permitted by the German Code of Civil Procedure. In cases involving consumers, the statutory rules on jurisdiction apply.

17. Final Provisions

Any amendment or supplement to the contract must be made in writing at a minimum, unless a law requires a more formal form. This does not preclude the primacy of a specific, verifiable agreement.

If any provision is invalid or unenforceable, in whole or in part, this shall not, in and of itself, affect the other provisions. The statutory provision shall apply in place of the invalid provision.

The new General Terms and Conditions apply to contracts entered into after they take effect. For existing contracts, the version accepted at the time the contract was entered into shall apply, unless the parties specifically agree to the amendment or mandatory law provides otherwise.