Terms of service

01Who we are and what these terms cover

These terms govern the web design and development, hosting, maintenance and SEO services provided by:

Trade name

Webmake

Website

webmake.es

Email

[email protected]

They apply to every order placed through the website, the client area or by accepting a Webmake proposal. Where the signed proposal or contract says otherwise, the signed document prevails on that point.

02How you order

• Quote request. Free and non-binding. Configurator amounts are estimates.
• Formal proposal. We send the scope, fixed price and timeline in writing, valid for 30 days.
• Contract. Concluded when you sign the service contract in your client area or, if there is no signature, when you pay the first milestone.

Each acceptance of these terms is stored with its version, date and time, IP address and browser as evidence of the electronic contract (Spanish Law 34/2002, LSSI-CE).

03Price, milestones and payments

The price is the one in the accepted proposal. For consumers it always includes all applicable taxes; for businesses the proposal states whether VAT is included.

• Milestone 1 (40%): at kickoff.
• Milestone 2 (30%): when you approve the prototype on your phone.
• Milestone 3 (30%): before the site goes live on your domain.

Payments are processed by Stripe; Webmake never sees or stores your card details. Late payments may pause work and launch. Overdue business invoices accrue statutory late-payment interest (Spanish Law 3/2004).

If you start a chargeback for a service we have already provided, we may suspend the services until it is resolved and claim the amount and the bank fees it causes, unless your claim is justified.

04Delivery times

Timelines run in business days from receipt of the first payment and the required content. Indicative times: 3–5 days for Web Start, 7–10 for Web Business and 10–15 for Web Premium, unless the proposal says otherwise. Delays of more than 5 business days on your side extend the timeline accordingly.

05Prototype, revisions and exit guarantee

You get a private link to test the real site on your phone. Revisions included are those in the proposal; out-of-scope changes are quoted separately.

Exit guarantee. If the prototype does not convince you, you may end the contract in writing before paying milestone 2. No further payments are due. Milestone 1 pays for the work done and is not refunded, without prejudice to consumer withdrawal rights (section 12). Leaving grants you no rights over the prototype design or code.

If 15 calendar days pass after delivery without feedback, the prototype may be deemed approved and milestone 2 invoiced.

06Your obligations

• Provide accurate information and the required content on time.
• Guarantee you hold the rights to the texts, images, logos and trademarks you supply, and hold Webmake harmless from third-party claims about them.
• Be responsible for your site's content and its own legal texts. We can help draft them, but responsibility lies with you as owner.
• Use the services lawfully.
• Keep your client-area credentials safe and private.

07Ownership of design and code

Until full payment, all rights in the design, code, prototypes and test versions belong to Webmake; you only receive a limited permission to review them.

Once the project is fully paid, Webmake assigns to you exclusively the exploitation rights (reproduction, distribution, public communication and transformation) in the design and code made specifically for your site, worldwide and for the maximum term allowed by law.

Webmake keeps its generic components, tools and prior know-how, and grants you a perpetual, free, non-exclusive licence to use them within your site. Third-party software keeps its own licence. We may feature your published site in our portfolio unless you ask us in writing not to.

08Preview and confidentiality

Preview access is personal, non-transferable and only for reviewing the project. Until the project is fully paid it is forbidden to:

• Copy, download, save or extract the code, design, texts or images of the preview by any means.
• Share the link or screenshots with third parties to reproduce the work.
• Commission another person or company to build a site based on the preview design.
• Attempt to bypass the protection measures, such as the watermark or the expiring links.

Every preview carries a watermark and a unique per-person identifier that tells us which access a copy came from. On breach, Webmake may revoke access immediately and claim damages. For business clients, the parties also agree a penalty equal to the total project price in the proposal, without prejudice to claiming greater damages.

09Hosting, maintenance and domain

• Maintenance plans are monthly or annual, renew automatically and carry no minimum term.
• Cancel anytime from your client area or in writing; it takes effect at the end of the paid period, which is not prorated.
• The first domain year is included and registered in your name. Renewal is included in the Security and Growth plans; otherwise it is at your cost.
• On cancellation we hand over a copy of your site and help with the migration for 30 days, after which the hosted copy may be deleted.
• We work to keep the site available but cannot guarantee uninterrupted service during maintenance or provider outages.

10Warranty and support

For 30 days after launch we fix, free of charge, malfunctions attributable to our work. This excludes third-party changes, content you supply and incompatibilities caused by external services, and does not limit statutory consumer guarantees.

11Liability

We provide the services with professional diligence but do not guarantee specific commercial results, such as sales or search rankings.

With business clients our total liability is limited to the amounts paid in the 12 months before the event, excluding loss of profit and indirect damages. This does not apply to wilful misconduct, gross negligence or consumer rights. We are not liable for third-party services used by the site, for failures caused by changes you or third parties make to the site or its configuration, or for unauthorised access resulting from credentials you did not keep safe.

12Right of withdrawal (consumers)

Consumers may withdraw within 14 calendar days of the contract by writing to [email protected]. If you expressly ask us to start within that period and later withdraw, you pay for the work already done; if the service is fully performed within the period with your express consent, the right is lost (Royal Legislative Decree 1/2007, arts. 103.a and 108). Businesses do not have this right.

13Data protection

We process your data under the privacy policy. When hosting or maintaining your site we act as your processor (GDPR art. 28): we follow your documented instructions, keep confidentiality, apply security measures, only use infrastructure providers with equivalent guarantees and return or delete the data when the service ends.

14Termination

Either party may terminate for a serious breach not remedied within 15 days of written notice. Non-payment for over 30 days allows Webmake to terminate and suspend the services. Work done until termination must be paid.

15Launch and acceptance

We launch the site once milestone 3 is paid. From launch you have 7 calendar days to tell us in writing about any difference from the accepted proposal. If you report nothing in that period, or start using the site for your business, the delivery is deemed accepted. This does not affect the 30-day warranty or statutory consumer guarantees.

16Stalled projects

If the project stalls for more than 60 calendar days for reasons on your side (missing content, answers or payments) and you do not reactivate it after two written reminders at least 7 days apart, we may close it. Paid milestones remunerate the work done and are not refunded, without prejudice to statutory consumer rights. If you want to resume later, we will send a new proposal that takes the amounts already paid into account.

17Content and activities we do not accept

We may decline a project or change whose content or activity is unlawful, infringes third-party rights, incites hatred or violence, is sexually explicit, promotes unauthorised products or gambling, or may seriously harm Webmake's reputation.

If we gain actual knowledge that a site we host contains unlawful information or infringes third-party rights, we may remove that content or suspend hosting immediately (LSSI-CE art. 16), notifying you. A suspension caused by your breach gives no right to compensation or to a refund of the current period.

18Backups and content retention

We make backups according to your plan, but they do not replace yours: always keep a copy of the texts, images and documents you send us. With business clients, if data is lost for a reason attributable to us, our obligation is limited to restoring the latest available backup. Without an active maintenance plan we keep no copies beyond 30 days after delivery or cancellation.

19Collaborators and tools

We may rely on collaborators and providers (hosting, domains, payments and e-signature) and on software tools, including AI-based assistance tools, always under our responsibility, with human review and the same confidentiality and data protection obligations we accept towards you. Review your site's texts before launch: you decide the final content.

20Confidentiality

Both parties keep confidential the non-public information learnt through the project (business data, credentials, prices and proposals) and use it only to perform the contract, during the contract and for 3 years after, unless the law requires disclosure. Webmake's price proposals are confidential and must not be shared with third parties.

21Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, such as general outages of internet or hosting providers, cyberattacks on third parties, disasters, conflicts or decisions of authorities. Timelines are extended while the cause lasts. If it lasts more than 60 days, either party may terminate, paying for the work done until then.

22General provisions

• If any clause is void, the rest remains valid and the affected clause is replaced by the closest valid one.
• Not exercising a right at a given time does not waive it.
• You may not assign the contract without our written consent. Webmake may assign it when transferring its business, with prior notice and without worsening your terms.
• These terms, the accepted proposal and any signed contract form the entire agreement between the parties on their subject.
• The contract is archived electronically and you may request a copy at any time (LSSI-CE art. 27).

23Notices and changes to these terms

Notices are given in writing through the client area or by email. New versions of these terms apply to later orders; if they affect ongoing maintenance we give 30 days notice and you may cancel at no cost before they take effect.

24Governing law

Spanish law applies. Consumers may go to the courts of their domicile; business clients submit to the courts of Webmake's domicile. The Spanish version prevails over this translation.