Terms and Conditions

1. Acceptance of Terms

Welcome to WebMar Studio. By accessing and using our website webmarstudio.com ("Website") or hiring our web design and development services ("Services"), you ("Client", "you", "your") agree to comply with and be bound by these Terms and Conditions ("Terms").

If you do not agree with these Terms, please do not use our Website or Services. WebMar Studio ("we", "us", "our") reserves the right to modify these Terms at any time, with the update date indicated at the top of this page.

2. Definitions

• WebMar Studio/We/Us: WebMar Studio, web design and development service provider, based in Sesimbra, Portugal
• Client/You: Individual or legal entity hiring our Services or using our Website
• Services: All services offered by WebMar Studio, including web design, development, SEO optimization, hosting, maintenance, and support
• Project: Specific work agreed between WebMar Studio and Client, as described in proposals or specific contracts
• Deliverables: Materials, files, code, and websites produced by WebMar Studio as part of the Project

3. Services Offered

WebMar Studio offers the following services:

• Website Creation: Custom website design and development for tourism, local e-commerce, and corporate businesses
• Web Design: Visual interface creation, layouts, and user experiences
• Development: Front-end and back-end programming using modern web technologies
• SEO Optimization: Search engine optimization
• Maintenance: Updates, fixes, and improvements for existing websites (on demand)
• Consulting: Strategic advice on digital presence and online marketing

Specific details for each service, including scope, timelines, and pricing, will be defined in individual commercial proposals.

4. Working Process

4.1 Proposal and Contracting

• After initial contact, we'll provide a detailed proposal including scope, timeline, and budget
• Proposal acceptance (in writing, email, or electronic signature) constitutes a binding agreement
• An initial deposit of 50% is typically required to start the project
• Project timeline begins after receipt of deposit and all necessary materials from Client

4.2 Client Responsibilities

The Client agrees to:

• Provide all necessary content, text, images, logos, and materials in a timely manner
• Provide clear and timely feedback during review phases
• Ensure legal rights to all materials provided
• Designate a primary point of contact for efficient communication
• Review and approve deliveries within agreed timeframes
• Make payments according to agreed terms

4.3 WebMar Studio Responsibilities

We commit to:

• Provide high-quality professional services as agreed
• Meet reasonable deadlines established in the proposal
• Maintain regular communication about project progress
• Deliver functional, tested, and optimized work
• Provide technical support during the warranty period
• Protect Client confidential information

5. Timelines and Deliveries

• Estimated timelines will be provided in the proposal based on agreed scope
• Timelines may be adjusted due to delays in Client material provision or significant scope changes
• We'll make reasonable efforts to meet deadlines but aren't responsible for delays caused by circumstances beyond our control
• Deliveries will be considered accepted if no feedback is received within 7 business days of presentation

6. Revisions and Changes

6.1 Included Revisions

Each project phase (design, development) typically includes a specific number of revision rounds as indicated in the proposal (usually 2-3 rounds).

6.2 Additional Revisions

Revisions beyond the original scope or after final approval will be charged separately at agreed hourly rates.

6.3 Scope Changes

Requests that significantly change the project's original scope require a revised proposal and may affect timelines and costs.

7. Payments and Pricing

7.1 Payment Structure

Unless otherwise agreed, payments are structured as follows:

• Initial deposit: 50% of total before project start
• Intermediate payment: 25% after design approval (for larger projects)
• Final payment: 50% (or remaining 25%) before launch and transfer of final files

7.2 Payment Methods

We accept payments via bank transfer, credit card (through secure processors), or other agreed methods.

7.3 Late Payments

• Invoices are due according to specified terms
• Delays exceeding 14 days may result in work suspension
• We may charge 1% monthly interest on overdue amounts
• We won't launch the website or deliver final files until full payment is received

7.4 "Website On Demand" Model

For maintenance and updates after project delivery:

• No mandatory maintenance monthly fees
• Client pays only for changes when needed
• Maintenance work will be quoted individually
• Hosting and domain are Client's responsibility (or can be managed for an agreed fee)

8. Intellectual Property and Copyrights

8.1 Client Ownership

Upon receipt of full payment:

• Client receives full ownership of custom code and design created specifically for their project
• Client has complete rights to use, modify, and distribute the website as needed
• We'll transfer all source files and relevant documentation

8.2 WebMar Studio Ownership

WebMar Studio retains ownership of:

• Proprietary tools, frameworks, and libraries developed internally
• General knowledge, techniques, and methodologies used
• Right to display the project in our portfolio (unless confidentiality agreement exists)

8.3 Third-Party Materials

• Open-source components, libraries, and third-party frameworks remain under their respective licenses
• Stock images, fonts, and other licensed assets are the Client's responsibility to maintain license compliance
• Client must provide valid licenses for any third-party software or assets they request we use

9. Warranties and Support

9.1 Warranty Period

We provide a 30-day warranty after website launch for:

• Bug fixes and programming errors
• Functionality issues that don't meet agreed specifications
• Compatibility issues with modern browsers

9.2 Warranty Exclusions

Warranty doesn't cover:

• Issues caused by modifications made by Client or third parties
• Hosting, server, or domain issues (unless managed by us)
• New features or design changes outside original scope
• Issues caused by third-party software updates (plugins, CMS, etc.)
• Damage caused by misuse, negligence, or external factors

9.3 Post-Launch Support

• After warranty period, support is available at hourly rates
• We may offer ongoing support packages under separate agreement
• Response time and scope will be defined in support agreement

10. Hosting and Maintenance

• Unless explicitly included in proposal, hosting is not part of our standard services
• We can recommend hosting providers or manage hosting for an additional fee
• Client is responsible for domain and hosting renewals
• Ongoing maintenance services are available under "on demand" model
• We're not responsible for hosting issues unless we actively manage the server

11. Cancellation and Termination

11.1 Cancellation by Client

• Client may cancel project anytime with written notice
• Client will be charged for all work completed until cancellation date
• Deposits are non-refundable
• We'll deliver all completed work upon full payment of hours worked

11.2 Cancellation by WebMar Studio

We may terminate the contract if:

• Client fails to make payments as agreed
• Client doesn't provide necessary materials or feedback for more than 30 days
• Client materially violates these Terms
• We discover the project involves illegal or unethical activities

In these cases, Client remains responsible for payment of all completed work.

12. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims related to Services is limited to the amount paid by Client for the specific project
• We won't be liable for indirect, incidental, consequential, or punitive damages
• We don't guarantee specific business results (sales, traffic, conversions, search rankings)
• We're not responsible for data loss, lost profits, or business interruption
• We're not responsible for issues caused by factors beyond our control (hosting, third parties, force majeure)

13. Disclaimers

13.1 Website Performance

While we strive to create fast, optimized websites, actual performance may vary depending on hosting, content, traffic, and other factors beyond our control.

13.2 Compatibility

We guarantee compatibility with latest versions of major modern browsers (Chrome, Firefox, Safari, Edge). We don't guarantee support for outdated browsers without prior agreement.

13.3 Security

We follow security best practices, but no website is 100% secure. Ongoing security requires regular updates and maintenance.

13.4 SEO

We implement recommended SEO practices but don't guarantee specific search engine rankings, which depend on many external factors.

14. Indemnification

Client agrees to indemnify and hold WebMar Studio harmless from any claims, damages, or expenses (including legal fees) resulting from:

• Content provided by Client that infringes third-party rights
• Misuse of the website or violation of these Terms by Client
• Modifications made by Client or third parties after delivery
• Client's violation of laws or regulations

15. Force Majeure

We won't be liable for failures or delays in fulfilling obligations due to circumstances beyond our reasonable control, including natural disasters, pandemics, wars, internet failures, government acts, cyberattacks, or third-party infrastructure failures.

16. Website Use

16.1 Acceptable Use

By using our Website, you agree to:

• Use the Website only for legal and legitimate purposes
• Not violate intellectual property rights
• Not attempt to hack, compromise, or overload our systems
• Not collect data from other users without consent
• Not transmit malware, viruses, or malicious code

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal. Any disputes arising from these Terms will be submitted to the exclusive jurisdiction of the courts of Lisbon, Portugal.

18. Dispute Resolution

In case of dispute:

1. Parties will first attempt to resolve through amicable negotiation
2. If impossible, mediation will be considered before litigation
3. Both parties agree to act in good faith to resolve disputes efficiently and economically

19. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with any specific project proposal or contract, constitute the entire agreement between parties and supersede all prior understandings, agreements, or representations.

21. Contact

By using our Website or hiring our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.