Legal - Terms of Service
These terms govern the services provided by MGKNeT. By engaging our services, you agree to these terms and conditions.
Last updated: January 2025
1. Introduction and Scope
MGKNeT provides professional services in web development, e-commerce solutions, WordPress and Shopify development, hosting, maintenance, technical SEO, and related digital services. These Terms of Service ("Terms") apply to all contracts and agreements between MGKNeT and its clients.
By engaging our services, you ("Client") agree to be bound by these Terms. If you do not agree, please do not proceed with our services.
2. Services
Our services include but are not limited to:
- Custom WordPress and Shopify development
- E-commerce store setup and optimization
- Website design and development
- Plugin and theme development
- Third-party integrations and API development
- Technical SEO audits and implementation
- Managed WordPress hosting
- Website maintenance and support
- Security monitoring and malware removal
- Performance optimization
- Consulting and training
Specific deliverables, timelines, and scope will be defined in individual project proposals or statements of work.
3. Contract Formation
A binding contract is formed when one of the following occurs:
- Both parties sign a written agreement or proposal
- Client confirms acceptance via email in response to a proposal
- Client pays an invoice or deposit for the proposed services
- Work commences with Client's knowledge and without objection
Proposals and quotes are valid for 30 days unless otherwise specified. Prices and availability are subject to change until acceptance.
4. Pricing and Payment
Pricing: All prices are quoted in EUR unless otherwise specified. Quoted prices may vary by up to 15% based on actual scope and complexity discovered during the project.
Payment Terms:
- Project work: 50% deposit required before work begins, 50% due upon completion
- Large projects: May be structured with milestone-based payments
- Hosting and maintenance: Billed monthly in advance
- Support hours: Billed monthly based on actual time spent
Late Payments: Payments are due within 10 business days of invoice date. Late payments incur interest at 8% per annum after a 7-day grace period. We reserve the right to suspend services for overdue accounts.
5. Project Timeline and Delivery
Project timelines are estimates based on information available at the time of quoting. Actual delivery may be affected by:
- Client responsiveness in providing feedback and materials
- Scope changes or additional requirements
- Third-party dependencies (hosting, APIs, etc.)
- Unforeseen technical complexities
We will communicate any significant delays and work with you to adjust timelines as needed.
6. Client Responsibilities
To ensure successful project delivery, the Client agrees to:
- Provide all necessary content, images, and materials in a timely manner
- Respond to requests for feedback within 5 business days
- Provide accurate and complete information about requirements
- Ensure appropriate access to hosting, domains, and third-party services
- Designate a single point of contact for project decisions
- Review and approve deliverables within agreed timeframes
Delays caused by Client unresponsiveness may result in project timeline extensions and potential additional charges.
7. Revisions and Changes
Included Revisions: Project quotes include a reasonable number of revisions as specified in the proposal. Revisions must be within the original scope.
Scope Changes: Changes to project scope, features, or requirements after work has begun will be quoted separately as change requests. Work on changes will only proceed after written approval.
Out-of-Scope Work: Any work not explicitly included in the original agreement is considered out-of-scope and will be billed at our standard hourly rate.
8. Intellectual Property
Client Materials: You retain ownership of all content, images, logos, and materials you provide.
Custom Development: Upon full payment, you receive ownership of custom code, designs, and deliverables created specifically for your project.
Retained Rights: We retain ownership of:
- Pre-existing code, tools, and frameworks
- Generic components that may be reused in other projects
- Our proprietary methodologies and processes
Third-Party Components: Open-source software, plugins, themes, and third-party tools remain under their respective licenses.
Portfolio Rights: Unless otherwise agreed, we reserve the right to display completed work in our portfolio and marketing materials.
9. Hosting and Maintenance Services
Hosting Services: Managed hosting includes server management, security updates, backups, and uptime monitoring as described in our hosting plans.
Service Level: We target 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.
Maintenance and Support: Support services cover bug fixes, security updates, and minor adjustments. Major feature additions or redesigns are quoted separately as development projects.
Cancellation: Hosting and maintenance services may be cancelled with 30 days written notice. No refunds for prepaid periods.
10. Warranties and Disclaimers
Workmanship: We warrant that our work will be performed in a professional manner consistent with industry standards.
Bug Fixes: We provide a 30-day warranty period after project completion to fix bugs in our custom code at no additional charge.
Disclaimers: We do not warrant or guarantee:
- Specific search engine rankings or traffic levels
- Sales, conversion rates, or business results
- Compatibility with all browsers, devices, or future software updates
- Third-party plugin, theme, or service functionality
- Uninterrupted or error-free operation of websites or services
11. Limitation of Liability
Direct Damages: Our liability is limited to direct damages caused by our gross negligence or willful misconduct, up to a maximum of the fees paid for the specific service giving rise to the claim.
Exclusions: We are not liable for:
- Indirect, incidental, consequential, or punitive damages
- Lost profits, revenue, or business opportunities
- Data loss or corruption
- Third-party claims against you
- Issues caused by Client actions, third-party services, or force majeure
12. Project Cancellation
Client Cancellation: If you cancel a project after work has begun:
- You are responsible for payment for all work completed to date
- A cancellation fee of 50% of the remaining project value (or minimum EUR 500) may apply
- Deposits are non-refundable
Our Cancellation: We reserve the right to terminate a project if:
- Payment obligations are not met
- Client is unresponsive for more than 30 consecutive days
- The project involves illegal, unethical, or harmful content
- Continuation would damage our reputation or interests
13. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, technical details, pricing, and any information marked as confidential.
Confidentiality obligations survive the termination of our agreement for a period of 2 years.
14. Indemnification
You agree to indemnify and hold harmless MGKNeT from any claims, damages, or expenses arising from:
- Content you provide that infringes third-party rights
- Your use of the deliverables in violation of law
- Your breach of these Terms
- Claims related to your products, services, or business operations
15. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, infrastructure failures, or pandemics.
16. Governing Law and Disputes
These Terms are governed by the laws of Bulgaria and the European Union. Any disputes shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to the competent courts in Bulgaria.
17. Changes to Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated revision date. Continued use of our services after changes constitutes acceptance of the revised Terms.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms, together with any project proposals, statements of work, and other written agreements, constitute the entire agreement between the parties. Any prior discussions or representations not included in writing are superseded.
20. Contact
For questions about these Terms, please contact us:
MGKNeT
Email: contact[at]mgknet.com
