Terms of service

1. The Provider

Name

Tamás Horváth, sole proprietor (egyéni vállalkozó)

Trading name

SzoftMűhely

Registered office

Kablár köz 5., 7100 Szekszárd, Hungary

Registration number

62523802

Tax number

92187922-1-37

VAT status

VAT-exempt small business (alanyi adómentes) – no VAT is charged on invoices

E-mail / phone

szoftmuhely@gmail.com / +36 30 161 2128

2. Scope

2.1. These Terms govern the relationship between the Provider and business customers (companies, sole proprietors and other organisations – “Client”). The Provider offers its services to business (B2B) clients and, as a rule, does not contract with consumers. Should a contract exceptionally be concluded with a consumer, Hungarian Government Decree 45/2014 (II. 26.) also applies and the Provider gives separate pre-contractual information.

2.2. For each project the parties conclude a written individual agreement (development and licence agreement) with a technical specification. The individual agreement may deviate from these Terms and prevails in case of conflict. These Terms apply to matters not covered by the individual agreement and during the enquiry and proposal stage.

2.3. The Client's own general terms become part of the contract only if the Provider has expressly accepted them in writing.

3. Services

The exact content of the services, the agreed features and the exclusions are always defined by the individual agreement and its technical specification.

• development of custom software (business administration, sales and inventory, CRM and finance systems, integrations);
• development of web platforms, SaaS systems, ecommerce and websites;
• business AI integration (document processing, internal knowledge bases, assistants) into existing processes;
• maintenance, operation and further development of existing systems under a monthly retainer.

4. Enquiries, proposals and conclusion of contract

4.1. Enquiries sent via the website, e-mail or phone and our replies, as well as the free discovery call, are for information only and do not create a contract.

4.2. Based on discovery, the Provider issues a written proposal. Unless stated otherwise, a proposal is valid for 30 calendar days and does not constitute a binding offer under §6:64 of the Hungarian Civil Code: a contract is formed only by a written agreement signed by both parties.

4.3. Time frames stated on the website (for example reply times or typical project durations) are indicative; binding deadlines are set out in the individual agreement.

5. Fees and payment

5.1. Fees are set out in the proposal and the individual agreement, in Hungarian forint. The Provider is a VAT-exempt small business; fees therefore exclude VAT and no VAT is charged on invoices. Should the exemption cease, fees for subsequent performance are understood plus the applicable VAT.

5.2. Unless agreed otherwise, payment is scheduled as follows: an advance on signing (against a pro-forma invoice), an interim invoice on acceptance of the agreed milestone, and a final invoice after the acceptance certificate is signed. Invoices are payable by bank transfer within 8 calendar days of issue.

5.3. In case of late payment the Provider is entitled to default interest under §6:155 of the Hungarian Civil Code and to the flat recovery cost of EUR 40 under Act IX of 2016; if payment is more than 30 days overdue, the Provider may suspend performance and the transfer of intellectual property rights until the arrears are settled.

5.4. Fees do not include third-party services (hosting, domains, licences, APIs, payment and SMS providers); the Client procures and pays for these in its own name.

6. Client cooperation

The Client appoints a contact person authorised to make decisions, provides the data, content and access needed for performance on time, responds substantively to questions and partial deliveries within 3 business days, and warrants that it is entitled to use the materials it provides. Delay by the Client extends the Provider's deadlines by the same period.

7. Delivery and acceptance

7.1. The Provider notifies delivery in writing per milestone or on final delivery and makes the software available in a testable form. Within 5 business days the Client tests it against the acceptance criteria in the specification and either accepts the delivery or provides an itemised written list of defects.

7.2. If the Client does not respond within that period, or puts the software into productive use, the delivery is deemed accepted. Acceptance may not be refused because of defects that do not prevent normal use; such defects are fixed free of charge within the deadline recorded in the acceptance report.

7.3. Requirements not included in the specification are handled by written change requests with separate fees and deadlines.

8. Intellectual property

8.1. Ownership of the economic rights in the delivered software is governed by the individual agreement: at the parties' choice, the Provider either transfers the economic rights to the Client (§58(3) of Hungarian Copyright Act LXXVI of 1999) or grants the Client a licence of a defined scope. The transfer or the licence takes effect upon payment of the full fee.

8.2. Reusable developer materials created by the Provider independently of the project (libraries, templates, generic components, scripts) remain the Provider's property; the Client receives a non-exclusive, royalty-free, perpetual licence to use them to the extent necessary to operate and further develop the software.

8.3. Open-source and other third-party components are subject to their own licence terms; the Provider incorporates only components whose licences are compatible with the intended use and delivers a list of them at handover.

8.4. The Provider warrants that the software parts it creates are its own intellectual work and do not infringe third-party copyright.

9. Warranty and defects

9.1. For 90 calendar days from acceptance, the Provider fixes free of charge any defects that result from a deviation from the specification. Defects must be reported in writing with reproduction steps; the Provider acknowledges the report within 2 business days.

9.2. The following are not covered by the warranty: defects caused by modifications made by the Client or third parties, use contrary to the documentation, faults or changes in the Client's operating environment, changes to third-party services, errors in data supplied by the Client, and the absence of features not included in the specification.

9.3. The Provider does not warrant error-free or uninterrupted operation but fixes reported defects as set out in this section. Support after the warranty period and maintenance are subject to a separate agreement.

10. Limitation of liability

10.1. The Provider's liability for damage caused by breach of contract is capped at the fee actually paid under the agreement concerned. The parties exclude the Provider's liability for loss of profit, loss of revenue, loss of data, indirect damage arising from third-party claims and any other consequential loss.

10.2. The limitation does not apply to breaches caused intentionally or resulting in death, personal injury or damage to health (§6:152 of the Hungarian Civil Code), or to a breach of the IP warranty in clause 8.4.

10.3. Unless agreed otherwise, data backups are the Client's responsibility.

11. Confidentiality and data protection

11.1. The parties treat all non-public information obtained in connection with the relationship as confidential and use it solely for performing the contract; this obligation survives for 3 years after termination. The parties may also sign a separate non-disclosure agreement.

11.2. Where the Provider gains access to personal data controlled by the Client during performance, it acts as a processor and the parties conclude a data processing agreement under Article 28 GDPR. Until then, development is carried out on anonymised or test data. The Provider's own processing is described in the Privacy Policy.

11.3. The Provider may name the Client as a reference (company name and a general description of the project); the Client may prohibit this in writing at any time without giving reasons.

12. Use of the website

12.1. The content of szoftmuhely.hu is provided for information only. The Provider strives for accuracy but accepts no liability for errors or omissions or for decisions based on the content. Price ranges and time frames shown on the website are indicative and do not constitute an offer.

12.2. All website content is protected by copyright and may not be used commercially without the Provider's prior written consent. The website may contain links to third-party sites for whose content the Provider is not responsible.

13. Final provisions

13.1. These Terms and the relationship between the parties are governed by Hungarian law, in particular Act V of 2013 on the Civil Code and Act LXXVI of 1999 on Copyright.

13.2. The parties seek to settle disputes amicably; failing that, they submit to the exclusive jurisdiction of the Szekszárd District Court or the Szekszárd Regional Court, depending on competence.

13.3. The Provider may amend these Terms unilaterally; amendments take effect on the stated effective date upon publication on the website and do not affect contracts already concluded. If any provision is invalid, the remaining provisions remain in force.

13.4. These Terms are available in Hungarian and English; in case of discrepancy the Hungarian version prevails.