Terms and Conditions for Monthly Subscription Web Development Services

Welcome to the UAB Markupus website!
By subscribing to our services, you agree to be bound by these Terms and Conditions.
Please read them carefully.

These Terms of Service (“Terms”) govern access to and use of the Services made available by UAB Markupus. By using our Services, you agree to be bound by these Terms. If you use our Services on behalf of an entity or organization, you are binding that organization to these Terms, and you represent that you have the authority to do so.

1. Our Services:

We provide a dedicated team of web developers who will maintain and develop your web-based projects. Your subscription covers up to 160 hours of web development service per month including but not limited to, website design, coding, maintenance, and support services.

2. Subscription Term:

Your subscription starts on the date of the first payment and continues monthly. It will automatically renew each month until terminated in accordance with these terms.

3. Payment:

The subscription fee is monthly based, payable in advance and depends on the type of services. Payment will be automatically charged to your designated card or account at the beginning of each subscription period. If your usage exceeds the included 160 hours, you will be charged an additional fee of €35 EUR per hour. These charges will be invoiced and payable within 15 days after the billing period. Unutilized hours are not carried over to the next month.

Payment and any other expenses must be paid through the third party payment processing system “Stripe” (the “PSP”). You may be required to agree to the terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request (the “PSP Services Agreement”). By accepting these Terms of Service, you agree that you have reviewed and agreed to, the PSP Services Agreement. Please note that UAB Markupus is not a party to the PSP Services Agreement and that you, the PSP, and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that UAB Markupus has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement.

If you fail to pay fees when they are due, we will automatically and immediately suspend our services until all outstanding amounts are paid in full.

4. Cancellation and Refunds:

You can cancel your subscription at any time by providing at least 10 calendar days’ notice before your next payment date. Due to the nature of our services, we do not offer refunds for any services already rendered. If you find any deliverable substantively deficient, you may request revisions or corrections within 10 business days of receipt.

4. Service Definitions

• “Task” refers to requests from you to execute one of our Service Operations or initiatives suggested by us and accepted by you.
• “Resolution” includes research, registration, communication, escalation, estimation, implementation, and documentation related to the Tasks.
• “Async Service Plan Type” means we will resolve Tasks automatically after providing an estimation.
• “Sync Service Plan Type” means we will wait for your explicit approval to proceed after providing an estimation.
• “Authorized Contact Point” (ACP) refers to your email addresses that can communicate with us regarding Tasks, estimates, and updates.
• “Channels” include a dedicated Slack channel for general communication and email for formal communication.

5. Service Availability

We guarantee to resolve Tasks every weekday from Monday to Friday, between 09:00 and 18:00 CET.
Tasks may also be resolved outside these hours if resources are available or if there are scheduled Deployments during the Maintenance Window.

6. Service Operations

• New website pages and components development
• Updating existing website pages and components
• Custom plugin development
• Custom HTML, CSS, JavaScript, and PHP development
• Website integrations with 3rd-parties
• Website maintenance: regular CMS version and plugin updates
• Ongoing technical support for the website
• Deployment to live servers

7. Authorized Contact Points (email addresses)

UAB Markupus [email protected]

8. Service Plan Type

• Sync
• Async

9. Maintenance Window

Deployments may lead to system outages. Assistance for outages occurring on Friday, Saturday, or Sunday will be available the next business day (Monday).

10. Task Resolution

You should post Tasks to the designated Communication Channel. We will respond as soon as possible, but no later than the next business day. If needed, we will clarify the Task and provide an estimated effort required for resolution.
We may post initiatives to the Communication Channel. Before being processed as Tasks, you must explicitly accept them.

In the case of a Sync Service Plan Type, we will require explicit approval to proceed with the provided estimation.
In the case of an Async Service Plan Type, we will proceed to the implementation automatically.

If the estimated effort exceeds the remaining hours in your current pool, we will notify you immediately and await your decision on how to proceed.

After completing the Task, we will notify you and provide an update on the remaining hours for the current reporting month.

11. Intellectual Property:

All outputs generated by our team during your subscription period and in your projects, including software, documentation, designs, and innovations, are the proprietary property of the subscriber.

12. User Responsibilities:

As a subscriber, you are responsible for:

• Defining the scope of work.
• Maintaining the availability of funds and the validity of the designated payment method.

You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law.

13. Provider Responsibilities:

We are responsible for:

• Providing qualified web development professionals.
• Supporting you in managing the team and executing the defined scope of work.
• Delivering timely updates and reports on team progress.

11. Independent Contractors.

The Parties are independent contractors. This Agreement will not be construed as constituting either Party as a partner of the other or to create any other form of legal association that would give either Party the express or implied right, power or authority to create any duty or obligation of the other Party.

12. Confidentiality:

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of UAB Markupus and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify UAB Markupus in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to UAB Markupus upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of UAB Markupus’ trade secrets, confidential and proprietary information, and all other information and data of UAB Markupus that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to UAB Markupus or UAB Markupus’ business, operations or properties, including information about UAB Markupus’ staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Both parties agree to keep any proprietary information exchanged during the subscription period confidential and to not disclose it to any third party without prior written consent.

13. Limitation of Liability:

Our liability under these Terms is limited to the total amount you have paid during the subscription period. We are not liable for any indirect, special, or consequential damages.

14. Governing Law and Dispute Resolution:

These Terms are governed by the laws of Lithuania Any disputes will be resolved through mediation, and if necessary, by binding arbitration in Lithuania.

13. Amendments:

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our site and updating the effective date at the top of this document.

Thank you for choosing UAB Markupus. We look forward to supporting your web development needs!