01The Provider
- Name
- Borbás Bence, sole trader (egyéni vállalkozó)
- Trading name
- ZIRYVO Studios
- Registered address
- 2045 Törökbálint, Alsóerdősor utca 35., Hungary
- Postal address
- 2045 Törökbálint, Alsóerdősor utca 35., Hungary
- Tax number
- 90924152-1-33
- Registering authority
- Ministry of the Interior — Register of Sole Traders (Hungary)
- bence@ziryvo.com
- Phone
- +36 70 595 2613
- Website
- ziryvo.com
02Scope and acceptance
2.1. These General Terms and Conditions (the “Terms”) govern the use of the services provided by the Provider under the ZIRYVO Studios name, as defined in section 4.
2.2. The Terms apply to every legal relationship between the Provider and the natural or legal person using the services (the “Client”), whether the contract is concluded electronically, in writing or orally.
2.3. By accepting a quote or signing an individual contract, the Client declares that they have read, understood and accepted these Terms as binding.
2.4. Where the parties conclude an individual contract that deviates from these Terms, the individual contract prevails.
2.5. The Provider may amend these Terms unilaterally. Amendments are published on the website at least 15 days before taking effect and, for ongoing contracts, also notified by email. Amendments apply to existing contracts only with the Client’s consent; if the Client does not accept an amendment, they may terminate an ongoing contract before it takes effect.
03Definitions
3.1. Consumer: a natural person acting outside their trade, business or profession.
3.2. Business: a person acting within their trade, business or profession.
3.3. Service: the design and development of websites and related digital content, the writing of texts and taking of photographs for them, search engine optimisation, and the hosting, operation and maintenance of websites.
3.4. Project: work defined in a quote or individual contract and performed for a one-off fee, typically the creation of a website.
3.5. Website: the website created as the result of a Project, including its source code, graphic and moving-image elements, and the texts and photographs produced by the Provider.
3.6. Care: hosting, operation, updating and maintenance of the Website for a monthly fee.
3.7. Quote: the Provider’s written offer (including by email) setting out the content, fee and schedule of a Project.
04The Service
4.1. Within the scope set out in the Quote, the Provider offers:
- discovery, and defining the structure and goals of the website;
- visual direction, layout and motion design;
- development, testing and launch of the website;
- copywriting and photography;
- basic search engine optimisation;
- domain and hosting administration, and operation and maintenance of the website (Care).
4.2. The exact content, scope, fee and schedule of the Service are set out in the Quote or individual contract.
4.3. Unless agreed otherwise, the Service does not include managing paid advertising, ongoing content uploads, or licence fees for third-party software, fonts, photographs or other products.
4.4. Search engines and other platforms are operated by third parties. The Provider therefore does not undertake to achieve any particular search ranking, traffic or business result.
05Conclusion of the contract
5.1. The contract is concluded when the Client accepts the Quote in writing (including by email) or when an individual contract is signed.
5.2. A Quote is valid for the period stated in it or, failing that, for 30 days from its date.
5.3. Where acceptance is made electronically, the Provider confirms it by email within 48 hours of receipt. If no confirmation arrives within this period, the Client is released from their offer.
5.4. The contract qualifies as a written contract; the Provider files it and keeps it for the statutory retention period.
5.5. Unless the parties agree otherwise, the language of the contract is Hungarian.
5.6. The contact form on the website serves for getting in touch only; sending it does not create a contract.
06Project process and acceptance
6.1. A Project typically runs through discovery, design, development, testing, handover and launch. The schedule is set out in the Quote.
6.2. If materials, approvals or access to be provided by the Client are delayed, the deadline is extended by the length of the delay.
6.3. The fee includes the number of revision rounds stated in the Quote. Additional requests, or requests deviating from an approved design, are carried out for a separate fee, of which the Client is informed in advance.
6.4. The Provider hands over the finished Website for testing. The Client reports any defects in writing within 8 working days of handover. If no defect is reported within this period, or if the Client launches or starts using the Website, the Website is deemed accepted.
6.5. The Provider corrects deviations from the approved design free of charge.
07Fees and payment
7.1. The fee consists of the one-off Project fee and, where Care is used, a monthly fee, as set out in the Quote or individual contract.
7.2. The Provider is exempt from VAT (subjective tax exemption); prices do not include VAT.
7.3. Payment is made by bank transfer against the Provider’s invoice. Online card payment is not available.
7.4. The Provider may invoice up to 50% of the Project fee in advance, before work begins. Unless agreed otherwise, the remainder is due on handover.
7.5. The monthly Care fee is payable monthly in advance.
7.6. The payment term is 8 calendar days from the invoice date unless the invoice states otherwise.
7.7. In case of late payment the Provider is entitled to default interest under the Hungarian Civil Code and, for Business clients, to the flat-rate recovery cost.
7.8. If payment is more than 15 days late, the Provider may suspend the Service after prior written notice.
7.9. Third-party fees (in particular domain registration and licences for paid fonts, photographs, software and plug-ins) are borne by the Client. The Provider informs the Client of these in advance.
7.10. The Provider may change the monthly Care fee once per calendar year with at least 30 days’ written notice. If the Client does not accept the change, they may terminate Care as of the date it takes effect.
08The Client’s obligations
8.1. The Client provides the materials (in particular texts, images, logos), information and access needed for performance completely, accurately and by the agreed deadlines.
8.2. The Client warrants that they are entitled to use the content they provide and that it does not infringe the rights of third parties.
8.3. The Client is responsible for the lawfulness and accuracy of the content published on the Website that they provide or approve, including the legal documents relating to their own business (in particular terms, privacy notice and imprint). The Provider may assist with these technically but does not give legal advice.
8.4. The Client is responsible for keeping the access details of their own accounts, or third-party accounts registered in their name (e.g. domain, hosting, email), secure.
8.5. The Client uses the Website for lawful purposes only and informs the Provider without delay of any circumstance affecting performance.
09Intellectual property
9.1. Designs, source code, texts, photographs and other works created by the Provider are protected by copyright.
9.2. Once the Project fee has been paid in full, the Client acquires an exclusive licence, unlimited in time and territory, to use the finished Website — its individual appearance and content — for their own business purposes, including the right to adapt it.
9.3. For code snippets, tools and methods that the Provider uses generally and in other work, the Client acquires a non-exclusive licence; the Provider remains free to use these in other projects.
9.4. No licence passes to the Client until the fee has been paid in full.
9.5. Third-party elements used on the Website (in particular open-source software, fonts, photographs and videos) are subject to their own licence terms.
9.6. Content and data provided by the Client remain the Client’s property.
9.7. The Provider may present the finished Website, its images and the Client’s name as a reference unless the Client objects in writing.
10Hosting and Care
10.1. Where Care is used, the Provider hosts the Website on a third-party hosting provider’s infrastructure, applies the necessary updates and backups, and carries out minor changes within the scope set out in the Quote.
10.2. The availability of the Website also depends on the hosting provider. The Provider commits to a specific service level only under a separate written agreement.
10.3. The Provider offers technical support on working days between 9:00 and 17:00 by email (bence@ziryvo.com) and responds to reported issues within 24 hours on working days.
10.4. The Provider may carry out planned maintenance, notifying the Client at least 48 hours in advance.
10.5. When Care ends, the Provider hands over the Website’s files and data at the Client’s request within 30 days.
11Data protection
11.1. The Provider processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Hungarian law. Details are set out in the Privacy Policy available at ziryvo.com.
11.2. Where, in the course of developing or caring for the Website, the Provider gains access to personal data of the Client’s customers or visitors, the Client is the controller and the Provider acts as processor. Where required, the parties conclude a written data processing agreement under Article 28 GDPR.
11.3. The Client is responsible for having an appropriate legal basis for the processing carried out on the Website and for informing data subjects as required by law.
12Confidentiality
12.1. The parties keep confidential any business secrets of the other party that come to their knowledge in the course of performance and do not disclose them to third parties.
12.2. This obligation survives the termination of the contract without time limit.
12.3. Disclosure required by law or by an authority does not breach confidentiality.
13Liability
13.1. The Provider performs the Service with due care and in line with professional standards.
13.2. The Provider is not liable for:
- damage resulting from faults, changes or outages of third-party systems (in particular hosting providers, domain registrars, browsers, search engines);
- outages caused by internet or telecommunications network failures;
- damage resulting from incorrect, incomplete or unlawful content provided by the Client;
- faults resulting from changes made to the Website by the Client or third parties;
- consequences of unlawful use by the Client;
- lost profits, lost business opportunities, or indirect or consequential damage.
13.3. For Business clients, the Provider’s liability for breach of contract is capped at the Project fee or, for Care, the monthly fees actually paid in the 6 months preceding the event. This cap does not apply to intentional breaches or breaches causing harm to life, physical integrity or health.
13.4. For Consumer clients, these Terms do not limit the Provider’s liability beyond what the law permits.
13.5. Force majeure: neither party is liable for non-performance caused by circumstances beyond its control that could not be foreseen or averted, such as natural disasters, war, strikes, measures of authorities, or widespread network or provider outages. The affected party notifies the other without delay.
14Termination
14.1. A Project contract ends on performance. The Client may terminate a Project in writing at any time before completion, in which case they pay for the work performed up to termination on a pro-rata basis, with any advance credited.
14.2. A Care contract concluded for an indefinite period may be terminated by either party in writing without giving reasons, with 30 days’ notice.
14.3. Either party may terminate with immediate effect if the other commits a serious breach and fails to remedy it within 15 days of written notice.
14.4. The Provider may terminate with immediate effect if the Client uses the Service for unlawful purposes or is more than 30 days late with payment.
14.5. On termination, the Provider deletes the Client’s data — except where statutory retention applies — within 30 days; within this period the Client may request their data.
14.6. Termination does not affect payment obligations that have already fallen due.
15Special provisions for consumers
This section applies only to Clients who are Consumers.
15.1. Right of withdrawal. For contracts concluded at a distance, the Consumer may withdraw from (or, for service contracts, terminate) the contract without giving reasons within 14 days of its conclusion, under Hungarian Government Decree 45/2014 (II. 26.). The Consumer exercises this right by a clear statement sent to bence@ziryvo.com or by using the model form annexed to that decree; it is exercised in time if the statement is sent before the deadline expires.
15.2. If the Consumer expressly requests that performance begin before the 14-day period ends, they lose the right of termination once the service has been fully performed. If they terminate after performance has begun but before it is complete, they pay for the service performed up to that point on a pro-rata basis. The Provider informs the Consumer of this before starting and obtains their express prior consent.
15.3. On withdrawal, the Provider refunds the amount paid without delay and at the latest within 14 days of learning of the withdrawal, taking into account the pro-rata settlement under 15.2.
15.4. Warranty. In case of defective performance, the Consumer may claim warranty under the Hungarian Civil Code: at their choice, repair or replacement or — where these are not possible — a proportionate price reduction or withdrawal. Withdrawal is not available for minor defects. Defects must be reported without delay and at the latest within two months of discovery; warranty claims cannot be made more than two years after performance.
15.5. Where the Service falls under Government Decree 373/2021 (VI. 30.) on contracts for digital content and digital services, the Consumer is also entitled to the rights set out there. No mandatory guarantee applies to the Service.
15.6. Complaints. The Consumer may submit complaints via the contact details in section 1. Oral complaints are examined immediately; written complaints are answered in writing, on the merits, within 30 days, with reasons for any rejection. The record of the complaint and a copy of the reply are kept for 5 years.
15.7. Legal remedies:
- Consumer protection authority. Consumers may lodge a complaint with the county government office competent for their place of residence. Competent for the Provider’s registered address: Pest County Government Office, Consumer Protection Department, 1088 Budapest, József körút 6. Contact details of all offices: kormanyhivatalok.hu
- Conciliation board. To settle a dispute out of court, consumers may turn to a conciliation board. Competent for the Provider’s registered address: Pest County Conciliation Board, 1055 Budapest, Balassi Bálint utca 25. IV/2. Postal address: 1364 Budapest, Pf.: 81. Email: pmbekelteto@pmkik.hu. Consumers may also turn to the board competent for their place of residence or stay.
- Online dispute resolution: the European Commission’s ODR platform: ec.europa.eu/consumers/odr
- Courts: the Consumer may also enforce their claim in court under the Hungarian Code of Civil Procedure.
The Provider is obliged to cooperate in conciliation board proceedings. The Provider does not make a general declaration of submission.
16Miscellaneous
16.1. Matters not covered by these Terms are governed by Hungarian law, in particular the Civil Code (Act V of 2013), Act CVIII of 2001 on electronic commerce, Act LXXVI of 1999 on copyright, Government Decree 45/2014 (II. 26.), Act CLV of 1997 on consumer protection, Government Decree 373/2021 (VI. 30.) and Regulation (EU) 2016/679 (GDPR).
16.2. The parties make contractual statements in writing, primarily by email. The Provider’s official address is bence@ziryvo.com; the Client’s is the email address they provide.
16.3. If any provision of these Terms proves invalid, the remaining provisions remain valid.
16.4. The Provider has not subscribed to any code of conduct.
16.5. The Client may not assign rights or obligations under the contract to a third party without the Provider’s prior written consent.
16.6. The parties first seek to settle disputes amicably, by negotiation.