Terms and Conditions

1. Site Owner Identification

This website is operated by BAUER DeutschAkademie S.A.S., parent company of the TheUIXstudio brand, with registered address in Cuenca - Ecuador, contact email info@theuixstudio.com and tax identification number 0195095523001, hereinafter THE OWNER.

Accessing, browsing, using the website, and/or contracting services offered through it implies full acceptance of these Terms and Conditions.

2. Nature of the recurring monthly service

TheUIXstudio offers a recurring monthly service that includes web design, publishing, hosting, administration, maintenance and support. This is not a one-time or definitive sale of a website, code, design, structure, domain, hosting, emails, licenses, plugins, templates or any associated technical resources.

The client obtains the right to use a professional website for as long as the monthly plan remains active and current. The service works like a monthly subscription: the client accesses a professional website by paying an affordable monthly fee instead of bearing the full development cost upfront.

The contracted monthly plan does not transfer definitive ownership of any of the elements listed above to the client, unless expressly agreed otherwise in writing.

3. Available plans

TheUIXstudio offers the following recurring monthly plans, subject to VAT where applicable:

The scope of each plan is detailed in the corresponding commercial proposal, website or contracting document. Prices may be updated with prior notice to the client.

• Base Plan: $30 + VAT per month.
• Growth Plan: $50 + VAT per month.
• E-commerce Plan: $70 + VAT per month.
• Custom or tailored plans: price defined according to the accepted commercial proposal.

4. Service activation

El servicio se activa una vez que el cliente completa el proceso de contratación en línea y realiza el primer pago del plan. A partir de ese momento, TheUIXstudio inicia el proceso de diseño, configuración y publicación de la página web sin necesidad de coordinación adicional.

El tiempo estimado de entrega es de 7 a 14 días hábiles desde la confirmación del primer pago, según la complejidad del proyecto y la disponibilidad oportuna de contenidos, materiales e información por parte del cliente.

Payments made are non-refundable, as they cover service activation, technical availability, design, configuration, administration, hosting, support and maintenance from the outset.

5. 6-month minimum commitment

All recurring monthly plans contracted through TheUIXstudio carry a mandatory minimum commitment of 6 months from the service activation date, unless a different term is expressly agreed in writing.

The minimum commitment exists because TheUIXstudio assumes from the outset the costs of design, configuration, publishing, web structure, hosting, administration, initial support and technical resources that cannot be recovered through a single monthly payment.

During this period, the client may not cancel, permanently suspend or terminate the service early without incurring the early termination penalty described in these terms.

6. Early termination penalty

If the client cancels, permanently suspends, stops paying or requests termination of the service before completing the 6-month minimum commitment, an early termination penalty of $500 + VAT will apply.

This penalty covers the costs assumed by TheUIXstudio in the creation, configuration, publishing and launch of the website, which cannot be recovered through the partial monthly payments received.

The penalty is independent of any monthly amounts already billed or collected. Its collection does not exempt the client from paying overdue or pending monthly installments up to the termination date.

THE OWNER may enforce this penalty through all available legal means.

7. After the minimum commitment period

Once the 6-month minimum commitment has been completed, the client may:

Cancellation must be communicated before the next billing date to avoid being charged for the following cycle.

• continue with the monthly plan without changes;
• change plans if the conditions of the new plan allow it;
• cancel the service without penalty, provided there are no outstanding payments.

8. Scope included in the plans

Each plan includes, generally and according to the contracted plan:

The specific scope of each plan is described in the corresponding commercial proposal, plans page or contracting document.

• Design and publishing of the professional website.
• Active hosting while the plan is current and up to date.
• Standard domain available, subject to availability and plan conditions (see domain section).
• Basic administration system configuration.
• Basic maintenance, minor adjustments and support within the plan scope.
• Basic corporate email according to the contracted plan scope.

9. Services not included

Unless expressly agreed in writing, the following elements are not automatically included in any monthly plan:

All items not included can be quoted and contracted separately.

• Complete redesigns or major structural changes.
• Complex features, advanced stores, custom CRMs or uncontemplated external integrations.
• Premium plugins, tools or third-party licenses with additional cost.
• Advanced automations or custom developments outside the plan.
• Extensive copywriting, audiovisual production, photography or complete branding.
• Advanced SEO, advertising campaigns or strategic consulting.
• Unlimited support, unlimited daily changes or attention outside agreed hours.
• Premium domains, .ec domains, .com.ec domains, already registered domains or high-cost domains.
• Google Workspace, Microsoft 365, expanded storage, additional email accounts or premium email services.
• Complex data, content or email migrations.
• Recovery of external accounts or third-party services.
• Repairs resulting from changes made by the client or third parties without TheUIXstudio's authorization.

10. Domain

The plan may include a standard domain available according to the contracted plan conditions. A standard domain is understood as one that is available for registration, has a normal annual renewal cost and corresponds to common extensions such as .com.

Not automatically included in any plan:

Domains not included may be purchased directly by the client or quoted separately with TheUIXstudio.

Domain ownership will be as defined in the agreed contracting arrangement.

If the client provides their own domain, they are responsible for managing its renewal, ownership and DNS configuration as applicable.

• Premium or high-cost domains.
• Domains already registered by third parties.
• Domains .ec, .com.ec or with special validation requirements.
• Domains with special or restricted extensions.
• Domains requiring certifications, additional data or processes outside standard registration.

11. Hosting

Hosting is included while the plan is active and up to date. If the client stops paying or the plan is suspended or cancelled, TheUIXstudio may suspend hosting, which may result in the website becoming inaccessible.

The hosting provided is that defined by TheUIXstudio for the contracted plan. It does not automatically include unlimited storage, dedicated servers, enterprise plans or advanced features outside the plan scope.

12. Corporate email

The plan may include the basic configuration of one or more corporate email accounts according to the contracted plan scope.

Not automatically included:

These services may be quoted separately if the client needs them.

• Google Workspace or Microsoft 365.
• Extended email storage.
• Additional accounts outside the plan scope.
• Complex email migrations.
• Recovery of external accounts.
• Third-party premium email services.

13. Administration system

The website is delivered with a content management system, generally WordPress or another technical solution defined by TheUIXstudio, so the client can manage certain content according to the plan scope.

Administrative access may be limited, protected or configured according to technical and security criteria defined by TheUIXstudio. The administration platform used is at TheUIXstudio's technical discretion and may be modified when necessary.

14. Materials provided by the client

The client is responsible for timely delivery of all texts, images, logos, brands, content, data, access, authorizations and materials necessary for creating their website.

Delivery times may be affected by delays in the client's delivery of materials. TheUIXstudio assumes no responsibility for delays caused by the client's lack, delay or insufficiency of delivered materials.

The client declares having the necessary rights over all content delivered to TheUIXstudio for its use and publication.

15. Responsibility for client content

The client is solely responsible for the legality, truthfulness, accuracy and lawfulness of the content, texts, images, brands, data, forms, links, products and any material they deliver, publish or request to include on their website.

TheUIXstudio does not validate or verify the legality of client content. The client shall hold THE OWNER harmless from any claim, complaint, fine, sanction or legal action arising from published content.

16. Intellectual property and right of use

All elements developed by TheUIXstudio, including design, structure, code, components, templates, features, automations, configurations, technical documentation and any assets created during service delivery, are the property of THE OWNER or its licensors, and are protected by applicable intellectual property regulations.

The client obtains only a limited, non-exclusive and non-transferable right of use over the website for as long as the monthly plan remains active and current. This right of use does not imply transfer of ownership of any developed element.

The full assignment of economic rights over the source code, design, structure or developed assets requires an express written agreement and full payment of the agreed amount for that assignment.

If the plan is suspended or cancelled, THE OWNER may revoke access to the developed resources, without this generating any obligation for additional compensation.

17. Suspension for non-payment

Delay or non-compliance in any payment entitles THE OWNER, without prior judicial notice, to take the measures it deems appropriate, including:

Costs, commissions, surcharges or expenses generated by default or failures attributable to the client may be passed on to the client where legally applicable. Suspension for non-payment does not eliminate accrued financial obligations or extinguish the early termination penalty if applicable.

• Partially or fully suspend the web service.
• Suspend hosting, email, administrative access and support.
• Temporarily unpublish the website.
• Limit features or access.
• Terminate the contractual relationship for non-compliance.

18. Service reactivation

If the service was suspended or cancelled, the client may request reactivation within a maximum period of 12 months from the suspension or last inactivity date.

Reactivation may be subject to payment of:

TheUIXstudio reserves the right to evaluate the technical feasibility of reactivation and to establish the conditions under which it is carried out.

• Overdue or pending monthly installments.
• Applicable early termination penalties not yet settled.
• Technical reactivation charges.
• Other operating costs generated during the inactivity period.

19. Deletion after more than 12 months of inactivity

If the client remains inactive, suspended or fails to regularize payments for a continuous period of 12 months or more, TheUIXstudio may permanently delete the website, files, database, configurations, emails, backups and all associated technical resources, without any obligation to preserve them indefinitely.

Once deleted, resources cannot be recovered. The client is responsible for backing up any content or information of interest before this period expires.

20. Changes, support and maintenance

When the plan includes support or maintenance, this will be provided in accordance with the contracted plan scope, within reasonable service hours and conditions.

Included maintenance comprises minor adjustments, basic support, reasonable updates, functionality review, site stability protection and accompaniment within the contracted scope.

It does not automatically include complete redesigns, complex features, advanced stores, automations outside the plan, unlimited support or unlimited daily changes.

21. Additional services

Any requirement exceeding the contracted monthly plan scope may be handled as an additional service, subject to a separate quote and payment.

Additional services may include, among others: special features, external integrations, redesigns, campaigns, advanced SEO, branding, content production, automations or any development outside the plan scope.

The contracting of additional services is governed by the corresponding proposal or acceptance document and does not modify the conditions of the base monthly plan.

22. Brand creation benefit for active clients

Clients with an active and current monthly plan may access a special benefit for basic brand creation or update at a preferential price of $50 + VAT, compared to the regular price of $550 + VAT.

This benefit may include, according to the scope defined by TheUIXstudio for each case:

This benefit does not automatically include a complete brand manual, advanced professional naming, legal trademark registration, full stationery, in-depth brand strategy, complex corporate rebranding, unlimited sessions or unlimited revisions. The benefit is personal, non-transferable, non-cumulative and not exchangeable for money. It only applies to clients with an active and current plan at the time of requesting it.

• Main logo.
• Secondary version or isotype.
• Color palette.
• Suggested typography.
• Basic visual mini-guide.

23. Prohibited use of the service

The user undertakes to use TheUIXstudio's services in a lawful, responsible manner and in good faith. The following is prohibited:

THE OWNER may suspend or terminate the service without refund upon detecting misuse or violation of these conditions.

• using the service for unlawful, fraudulent or unauthorized purposes;
• publishing illegal, defamatory, discriminatory, violent, misleading content or content that infringes third-party rights;
• attempting to access servers, accounts, databases or systems without authorization;
• introducing malware, viruses, malicious scripts, or any harmful code;
• copying, reproducing or exploiting TheUIXstudio components, designs or developments without authorization;
• impersonating others or providing false information;
• using the service for spam, misleading messages or activities that affect the security or reputation of third parties.

24. Dependency on third parties

Some services may depend on third parties, such as hosting providers, domains, email, payment gateways, plugins, APIs, analytics tools or other external platforms.

THE OWNER shall not be responsible for interruptions, blockages, condition changes, outages, vulnerabilities, price modifications or discontinuities generated by third parties beyond its direct control.

25. Limitation of liability

To the maximum extent permitted by law, THE OWNER shall not be liable for indirect damages, loss of profits, data loss, loss of business opportunities, business interruptions, decisions made by the user based on the site, third-party outages, misuse of credentials, errors in information provided by the client or impacts arising from user content.

Where permitted by law, any liability of THE OWNER shall be limited to the amount effectively paid by the client for the service directly related to the claim, during the corresponding contractual period.

26. Personal data protection

The processing of personal data carried out through this website and its services is governed by the current Privacy Policy, which forms an integral part of these Terms and Conditions and can be consulted on the website.

27. Modifications to the terms

THE OWNER may update, modify or replace these Terms and Conditions at any time. The current version will be the one published on this website with its corresponding update date.

Continued use of the site or service after the publication of changes will imply acceptance of the updated terms.

28. Applicable law and jurisdiction

These Terms and Conditions shall be governed, in general, by the laws of Ecuador. However, when a contract, proposal, work order or other particular document is signed with the client, the applicable law may be adapted to the client's country if expressly established in that document.

Any dispute shall be heard by the competent judges or courts applicable according to the corresponding contractual document or, failing that, by the competent judges of Cuenca - Ecuador.

Note: these documents have been drafted with commercial and communication criteria. They must be reviewed by local legal counsel before being considered final for contractual or judicial purposes.

29. Contact

For inquiries related to these Terms and Conditions, the user may contact:

info@theuixstudio.com

+593 (0) 990 444 151

Cuenca - Ecuador