Terms and Conditions (T&C)
1. SERVICE PROVIDER DETAILS
1.1. Company Information
Company Name: Total Studio Kft.
Mailing Address: 1043, Budapest Kassai utca 11 4th floor, Apt. 24.
Registered Office: 1043, Budapest Kassai utca 11 4th floor, Apt. 24.
Company Registration Number: 01-09-902605
Tax Number: 14410615-2-41
1.2. Contact Information
Email: info@totalstudio.hu
Phone: +36 20 9309 230, +36 20 313 9004
Website: www.totalstudio.hu
1.3. Web Hosting Provider Information
Total Studio Kft. provides hosting for its websites within its own service infrastructure, with contact details the same as those in sections 1.1 and 1.2.
2. SUBJECT OF THE SERVICE, CONTRACT CONTENT, CONTRACTING PROCESS
2.1. Total Studio Kft. (hereinafter: Service Provider) provides the services specified in the Service Agreement or Domain Application (hereinafter: Agreement) to its subscribers (hereinafter: Subscriber), according to the valid price list published on the website and the terms and conditions specified in these General Terms and Conditions (hereinafter: GTC).
2.2. The scope of services provided by the Service Provider includes the provision of web hosting and email services. The Service Provider undertakes to make the Subscriber's website and domain names accessible on the internet, and to provide email services.
2.3. In the case of a paper-based contract, the Subscriber accepts the GTC by signing the Agreement. In the case of online contracting, the Subscriber accepts the GTC by ordering and using the service.
2.4. The Service Provider offers the possibility to subscribe to its services either on paper or online, with payment for the subscription fees to be made via bank transfer.
2.5. The language of the contract is Hungarian, and it is concluded electronically between remote parties, as a contract for the provision of services. The Service Provider registers orders and contracts, which are available for a specified period as defined in the Privacy Policy.
2.6. The service provider accepts email orders, in which the user specifies the desired service.
2.7. In the case of a telephone order, the service provider will confirm the ordered service by email. Telephone orders are treated as verbal contracts.
2.8. Before fulfilling the service, the Service Provider requests the necessary information from the Subscriber, then initiates the finalization of the order by sending an invoice request. After the service starts, the Service Provider provides customer service via email for correcting any data.
2.9. The Subscriber acknowledges that the Service Provider will fulfill the order once all necessary conditions for fulfillment are met. Generally, these conditions include the submission of required documents, payment for the service, and compliance with the rules for domain registration. For specific or unique conditions, the Service Provider informs the Subscriber via email. For domain services, the Service Provider will fulfill the request for the domain to the Subscriber who first meets the conditions. The Subscriber agrees that the Service Provider cannot be held responsible if the domain service is not provided or is provided to another Subscriber due to failure to meet the conditions.
3. SERVICE PROVIDER'S RIGHTS AND OBLIGATIONS, WARRANTIES
3.1. The Service Provider is obliged to provide the services specified in the Agreement with an annual 99% availability. This availability calculation does not include pre-announced maintenance periods.
3.2. In the event of an error in the service, the Service Provider is obliged to resolve the issue as soon as possible. The Subscriber reports any detected error using the contact details available on the Service Provider’s website. The Service Provider investigates all reports and informs the Subscriber of the results via email. The Service Provider is not responsible for issues unrelated to the service.
3.3. The Service Provider is required to provide the ordered and financially settled services within 8 working days from the order, except for additional services provided by third parties. The start of these services is within the jurisdiction of the third party.
3.4. The Service Provider provides technical support for using the ordered services, which can be accessed via email or phone, as listed on the Service Provider’s website (www.totalstudio.hu), during the posted business hours. In most cases, technical support is free of charge. If there are additional costs for the support, the Service Provider will inform the Subscriber in advance and request written approval.
3.5. The Service Provider is entitled to invoice the fees listed in the valid price list to the Subscriber. The first invoice will be issued upon fulfillment of the order, and the Subscriber must pay it when concluding the Agreement.
3.6. The Service Provider reserves the right to unilaterally modify the content and fees of its services but must inform the Subscriber of any planned changes at least 30 days in advance, either via email or through a notice posted on the website.
3.7. The Service Provider has the right to suspend or terminate the service contract immediately if the Subscriber violates the following regulations:
3.7.1. It is prohibited to place illegal content or materials infringing copyright or good taste on the web hosting space;
3.7.2. It is forbidden to place and run any program code that can cause damage, is unsuitable for running on a shared system, or significantly slows down the web server;
3.7.3. It is prohibited to carry out attacks aimed at blocking the service (known as "Denial-of-service" – DOS attacks), attempts to breach identification or security measures, or any unauthorized access attempts to customer IDs, computers, or networks;
3.7.4. It is forbidden to falsify address information or modify the email header to hide the sender's or recipient's identity to circumvent these Guidelines.
3.7.5. It is prohibited to use server access to commit, assist, or incite violations of copyright or intellectual property laws. This prohibition includes publishing private email messages to third parties without the author's express prior consent and selling or distributing email addresses stored on the server to third parties for commercial purposes without the Subscriber’s prior written consent.
3.7.6. It is prohibited to run any faulty program code that, due to security flaws, allows unauthorized execution of external program code or unauthorized access to server resources.
3.7.7. Sending unsolicited advertising emails (spam) or harassing other users is prohibited, as is sending emails to mailing lists containing collected or purchased email addresses where the recipients did not voluntarily sign up.
3.7.8. In general, it is forbidden to violate the Internet Code of Conduct (Netiquette).
3.7.9. Only files and related content necessary for the functioning of the website and active email communications are allowed on the shared server environment. The storage space cannot be used for backups, archiving, maintaining an email archive, file and media sharing activities, or newsletters unless they are directly related to the website's or email’s operation.
3.8. The Service Provider protects the data placed on its servers by the Subscriber to the best of its ability but is not responsible for the data or any consequential damage caused by data loss.
3.9. As part of an additional service, the Service Provider regularly creates free-of-charge backups of files, data, and settings stored on its servers and does everything possible to protect the Subscriber's data. However, the Service Provider cannot guarantee the complete safety of data on the servers. The Service Provider is not liable for damages resulting from data loss, given that this additional service is free. The Service Provider reminds the Subscriber of the importance of regularly backing up files stored on the server using their own resources. Temporary files (e.g., cache) are not included in the backup.
3.10. The Service Provider ensures 99% availability of the service to the best of its ability. If the service is unavailable beyond this percentage, the Subscriber is entitled to request a credit or a money-back guarantee from the Service Provider, calculated daily, up to the subscription fee. The Service Provider does not take further financial responsibility, particularly for lost profits.
3.11. The Service Provider has the right to keep a record of the Subscriber’s data but may not share it with third parties without the Subscriber's written consent, except for cases of legal obligation or as outlined in section 4.5.
3.12. The Service Provider has the right to modify the GTC. The Service Provider will publish an announcement about any changes to the GTC before they come into effect on its website.
3.13. Defective performance: The Service Provider is in default if the service does not meet the quality requirements specified in the contract or the GTC at the time of performance. The Service Provider is not in default if the Subscriber was aware of the defect at the time of contract conclusion.
3.14. Defective performance includes when the service is limited or unavailable beyond the committed availability due to operational issues within the Service Provider’s scope of control.
3.15. Performance is not considered defective if the issue arises from the Subscriber’s scope, if the suspension or termination defined in section 3.7. was applied, if the Subscriber expects service quality or conditions that differ from those fundamentally provided, or if the issue is caused by an unavoidable external factor.
3.16. Force Majeure: Neither party is responsible for failure to fulfill contractual obligations, damages, or costs in cases where unforeseeable circumstances beyond the control of either party (force majeure) prevent proper performance of the contract or service.
3.17. For contracts where both parties have reciprocal obligations, the Service Provider is responsible for product warranty in the event of defective performance. The Subscriber may enforce the product warranty claim against the Service Provider.
3.18. In the case of defective performance, the Subscriber may request repair or replacement as a product warranty claim, unless these are impossible or would incur disproportionate additional costs. The Subscriber may request a proportional reduction in the service fee.
3.19. The Subscriber is obliged to report the defect as soon as it is discovered, but no later than two months after discovering the defect. However, warranty rights cannot be enforced beyond the two-year statute of limitations from the date of performance. After six months from the performance date, the Subscriber must prove that the defect existed at the time of performance.
3.20. In the event of exceeding the storage limit, the Service Provider is entitled to upgrade the Subscriber to a higher subscription package and notify the Subscriber by email. The Service Provider may charge the Subscriber for the new service fee and the proportional daily fee for the remaining period of the previous service package.
3.21. The Service Provider is not responsible for any damages resulting from exceeded storage limits, such as undelivered emails or non-functional websites.
4. SUBSCRIBER'S RIGHTS AND OBLIGATIONS
4.1. The Subscriber is entitled to use the services ordered 24 hours a day, 365 days a year.
4.2. The Subscriber is responsible for providing the necessary hardware, software, and telecommunications conditions to use the services.
4.3. The Subscriber is required to use the services in compliance with the regulations. Otherwise, the Service Provider is entitled to suspend the service or terminate the contract immediately. The Subscriber is responsible for damages resulting from improper or incorrect use.
4.4. The Subscriber must keep the identifiers necessary for using the services confidential and is responsible for any damages resulting from unauthorized use.
4.5. The Subscriber is required to pay the fees for the services used as listed in the price list. The Subscriber acknowledges that in the event of payment delay, the Service Provider is entitled to restrict services and charge late payment interest at the legally regulated rate.
4.6. The Subscriber is required to notify the Service Provider within 15 days of any changes to the data registered with the Service Provider.
4.7. The Service Provider provides certain services free of charge to the Subscriber (additional FTP access, additional MySQL database, subdomain setup, etc.). The Subscriber acknowledges that these services are only available for free as long as providing the service remains economically viable for the Service Provider concerning the service fee paid by the Subscriber.
4.8. The Subscriber is not entitled to resell the free services referenced in section 4.7 to third parties for commercial purposes.
4.9. After ordering the services, the Service Provider sends a notice to the Subscriber detailing the fees to be paid. The Service Provider activates the ordered services only after receiving payment of the subscription fee.
5. MONEY-BACK GUARANTEE
5.1. The Service Provider offers a money-back guarantee for the remaining duration of the prepaid service period for the services provided directly by the Service Provider. The money-back guarantee does not apply to services intermediated by the Service Provider (e.g., domain registration).
5.2. A refund request can only be submitted in case of a quality complaint, with a detailed explanation. A quality complaint typically refers to service outages exceeding the guaranteed availability time.
5.3. The Subscriber can submit a refund request only in writing, via registered mail, along with the quality complaint.
5.4. If the Service Provider accepts the refund request, the service contract between the Service Provider and the Subscriber is immediately terminated. The termination date is the date the Subscriber is notified.
5.5. The Subscriber is not entitled to submit a refund request if:
5.5.1. The Subscriber paid the Service Provider's invoices after the payment deadline.
5.5.2. The Subscriber has outstanding debts to the Service Provider.
5.5.3. The service was restricted due to invoice arrears.
5.5.4. The Service Provider terminated the contract immediately for any reason regulated in this GTC.
5.5.5. The quality issues were caused by the Subscriber or a third party.
5.5.6. The issues were caused by force majeure (e.g., theft, fire, etc.).
6. TERM OF THE CONTRACT
6.1. The Contract is concluded for an indefinite period.
6.2. Both parties are entitled to terminate the Contract immediately if the other party violates the terms of this Contract.
6.3. Ordinary termination of the Contract does not exempt the parties from fulfilling obligations (e.g., payment obligations) that arose by the termination date.
6.4. The Service Provider makes the information required under Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses available to the Subscriber at any time on its website in the form of these General Terms and Conditions, which can be accessed and downloaded.
6.5. The Consumer (a natural person acting outside their profession, independent occupation, or business activities) may withdraw from the service order or contract without giving any reason within the period specified by law (14 days), as defined in Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The Consumer can exercise the right of withdrawal by sending a clear statement or the following sample statement to the Customer Service address.
6.6. Once the Service Provider has been informed of the Consumer's intention to withdraw, the Service Provider must refund the amount paid by the Subscriber within the legal period (14 days).
6.7. The Subscriber cannot exercise the right of withdrawal specified in section 6.5 if the Service Provider begins the service before the withdrawal period expires, with the Subscriber’s consent. In practice, the Subscriber may withdraw from the contract without giving a reason until the ordered services are ready for use or the domain registration is completed in the Registry system.
6.8. However, if the service orders have been paid, invoiced, and fulfilled—even within the legally specified withdrawal period—the Subscriber cannot exercise the right of withdrawal as specified in section 6.5.
6.9. The fulfillment date of the ordered services is the activation date or the date the fulfillment email is sent.
6.10. The Consumer is required to expressly notify the business of their request for the service contract to be fulfilled before the withdrawal period expires.
6.11. The Consumer can exercise the right to terminate the contract in the same way as the right of withdrawal detailed in section 6.5.
6.12. The Consumer cannot exercise the right to terminate the contract after the service has been fully provided. Intermediated services are considered fully provided upon activation. Intermediated services include domain registration, transfer, or SSL certificate issuance.
6.13. If the Consumer exercises the right to terminate the contract after activation, the Consumer must reimburse the business for reasonable costs.
6.14. The Subscriber may terminate the indefinite-term contract at any time with ordinary notice, effective on the last day of the financially settled subscription period. Neither party is obligated to maintain the contract beyond the subscription period. Early termination is only possible under extraordinary termination.
7. NOTIFICATION
7.1. The official method of notification is via email. The Service Provider sends all announcements and notifications to the Subscriber via email.
7.2. If the Subscriber's email address changes, the Subscriber is required to notify the Service Provider immediately.
7.3. The Service Provider is not responsible for any damages resulting from the Subscriber's unavailability (e.g., domain name termination or web hosting deletion due to unavailability).
8. EXPIRATION AND RENEWAL OF SERVICES
8.1. The Service Provider provides its services with prepayment for predetermined periods (hereinafter: "Subscription"). The service expires on the last day of the predetermined period.
8.2. At least 30 days before the Subscription expires, the Service Provider notifies the Subscriber via email of the renewal options for the Subscription. The Subscription continues if the Subscriber pays the subscription fee as specified by the Service Provider.
8.3. When the Subscriber settles the Subscription fee, the Service Provider issues and sends an e-invoice to the Subscriber. The Service Provider considers the e-invoice accepted by the Subscriber, and no postal copy will be sent unless the Subscriber requests a postal copy within 15 days of the invoice being issued.
8.4. If the Subscriber does not settle the Subscription fee before expiration, the Service Provider suspends the service after the Subscription expires. The Subscriber may request service reactivation by paying the Reactivation Fee and the next due service fee together. After one month, the Service Provider may delete the service at any time. Upon deletion of the Subscription, the contract between the Service Provider and Subscriber regarding the Subscription is immediately terminated.
8.5. The Service Provider is not responsible for any damages resulting from the deletion of the service.
8.6. The Subscriber may terminate the Subscription at any time before the last day of the financially settled period by sending an authenticated statement to the Service Provider via email or post.
8.7. The Service Provider deletes the terminated service on the expiration date of the Subscription following the termination.
9. LEGAL REMEDIES SERVICE PROVIDER CUSTOMER SERVICE
9.1. The Subscriber may report questions, errors, or complaints related to the Service to the Service Provider at the mailing or email addresses specified in section 1 of these GTC.
9.2. The Service Provider is obliged to respond to the Subscriber in writing—via email—within 30 (thirty) days of receiving the report or complaint.
9.3. If the Subscriber, considered a Consumer, is not satisfied with the response or the dispute cannot be resolved, they may seek legal remedies from the organizations detailed in sections 9.5., 9.7., and 9.9.
9.4. The contracting parties mutually agree to attempt to resolve any legal disputes arising from the use of the Service amicably at all times.
CONCILIATION BOARD
9.5. Contact details for the Conciliation Board of competent jurisdiction for the Service Provider's registered office:
Name: Budapest Conciliation Board
Address: 1016, Budapest, Krisztina krt. 99
Phone: (1) 488 2131
Website: http://bekeltet.hu/
Email: bekelteto.testulet@bkik.hu
9.6. In the event of a consumer dispute, the Service Provider is obliged to cooperate with the Conciliation Board of competent jurisdiction for its registered office. If the company's registered office, place of business, or branch is not registered in the county of the Conciliation Board’s jurisdiction, the Service Provider's obligation to cooperate extends to offering the consumer the option of written settlement.
EUROPEAN UNION ONLINE DISPUTE RESOLUTION PLATFORM - ODR
9.7. The Consumer may use the online dispute resolution platform created by the European Parliament and the Council for enforcing their rights and resolving disputes.
9.8. The platform is available at: http://ec.europa.eu/odr/
CONSUMER PROTECTION AUTHORITY
9.9. According to Government Decree No. 387/2016 (XII. 2.) on the designation of the consumer protection authority, the district office or the district office of the county seat has first-instance jurisdiction in administrative authority matters, while the Pest County Government Office has nationwide second-instance jurisdiction. Contact details for district offices: http://jarasinfo.gov.hu/
10. OTHER TERMS OF SERVICE
10.1. For quality assurance reasons, the Service Provider will only provide hosting services if the domains pointing to the hosting service operate using the Service Provider’s own DNS servers. These are ns1.totalstudio.net and ns2.totalstudio.net.
10.2. If the Subscriber sets the domain nameservers to a server other than the one specified in section 10.1, the Service Provider is entitled to withdraw from providing the hosting service.
The Service Provider is not responsible for service interruptions due to DNS server errors.
10.3. Overuse of resources is not allowed. In the event of resource overuse, the Subscriber generates such a high load of CPU, IO, RAM, or bandwidth that it disrupts the server's operation and the proper functioning of other Subscribers' websites, which may result in website and email unavailability or slowdowns. In such cases, the Service Provider will notify the overusing Subscriber by email and is entitled to exclude the service or restrict the overusing program's operation. In the event of overuse, the service is unsuitable for running on a shared system, and the contract will be terminated immediately.
11. DATA PROCESSING
11.1. As the Data Controller, the Service Provider records and protects the personal data of Subscribers (including those affected under Regulation (EU) 2016/679 of the European Parliament and of the Council, hereinafter GDPR) as detailed in the Privacy Policy.
11.2. Subscribers may store personal data following applicable laws and the GDPR when using the Service Provider’s services. In such cases, the Subscriber is the Data Controller, and the Service Provider is the Data Processor. The Subscriber (Data Controller) is responsible for the lawfulness of data processing.
11.3. This section aims to fulfill the written contractual obligation set out in Article 28(3) of the GDPR, as described in point (9), and to record it in the GTC, as specified in point (6).
11.3.1. Subject of data processing: Data processing includes the provision of technical infrastructure for data processing performed by the Subscriber (Data Controller) during the provision of services defined in the Agreement (typically in the form of website hosting, display, and email services).
11.3.2. Duration of data processing: Determined by the Subscriber (Data Controller), limited to the duration of the Agreement and the availability of security backups.
11.3.3. Nature and purpose of data processing: The provision of services defined in the Agreement.
11.3.4. Type of personal data and categories of affected individuals: Determined by the Subscriber (Data Controller).
11.4. The Subscriber (Data Controller) is responsible for recording any data breaches involving data processed by the Service Provider and reporting them to the supervisory authority.
11.5. The Service Provider ensures the confidentiality, integrity, resilience, and availability of its systems as per section 3.1 of the GTC.
11.6. The Service Provider stores its servers in a data center. Data center location:
T-Systems Magyarország Zrt
Budaörs, Ipartelep u. 13-15, 2040
ModIT Zrt.
Budapest, Hűvösvölgyi út 54, 1021
Access to the servers is exclusively granted to the Service Provider, its employees, or designated system administrators. The Service Provider ensures that confidentiality agreements are in place. T-Systems Magyarország Zrt has no access rights to the data stored on the servers.
Some servers have physical access granted to Viacom Kft system administrators.
11.7. The Subscriber (Data Controller) uploads the website program code (file, database) to the hosting space at their discretion. To ensure data security, the Service Provider emphasizes the critical importance of regularly and promptly updating the program code.
11.8. The Subscriber (Data Controller) is solely responsible for data protection and any data breaches resulting from vulnerabilities in the website program code or other issues within the Subscriber’s (Data Controller’s) control. To protect the affected individuals, the Service Provider reserves the right to restrict the service or terminate the contract immediately, as outlined in section 3.7.
11.9. The Service Provider records temporary technical files (log files, web server traffic logs, etc.) generated during the use of the service and use by third parties to maintain and ensure the proper functioning of the systems. The Service Provider does not seek to identify specific individuals based on the data collected during these activities.
12. MISCELLANEOUS
12.1. In matters not regulated by this GTC, the provisions of the applicable Hungarian Civil Code and other relevant laws, as well as the applicable Hungarian Internet standards, shall apply.
12.2. The parties submit to the exclusive jurisdiction of the court with jurisdiction over the Service Provider’s registered office for any legal disputes arising from the use of the Service, unless they are resolved amicably first.