Terms of Service and Privacy Policy

1. Definitions

• Customer: the natural or legal person who uses the Services.
• Services: the set of activities and products provided by MarckDev as described in art. 3 below.
• Contract: the legal relationship established between MarckDev and the Customer following acceptance of these Terms.
• Account: the Customer's personal area on the Site, accessible via credentials.

2. Subject matter and acceptance

The Terms govern the contractual conditions pursuant to art. 1341 of the Italian Civil Code, Legislative Decree 70/2003 (e-commerce) and the Consumer Code (Legislative Decree 206/2005) where applicable.

Acceptance takes place (i) by clicking “Accept” when ordering or registering, (ii) by signing a paper or digital quote, or (iii) by using the Services (“click-wrap”).

Any special conditions (“SLA”, specifications, custom offers) prevail over these Terms in the event of conflict.

3. Services offered

MarckDev provides, by way of example and not limitation:

• Custom software development, e-commerce (WordPress + WooCommerce, PrestaShop), plug-ins and themes from official marketplaces;
• Telegram bots and userbots based on MarckBot v2.7 (PHP) or Pyrogram (Python);
• Hosting, VPS and domain registration on Hetzner Online GmbH infrastructure (data centers in Germany and Finland, ISO 27001 certification);
• Digital, fiscal and tax consulting;
• Advanced web services and API integrations.

The offer is comparable to that of other providers (e.g. Aruba S.p.A., OVHcloud SAS, SiteGround Ltd.), but stands out for its “human-driven” support in Italian and dedicated DevOps oversight.

4. Contracts and duration

In the absence of a contract: € 1.50/min or € 15/intervention – minutes are calculated via certified time-tracking software; any idle time (e.g. waiting on the customer) is not counted. Billing is also rounded up to the next minute (e.g. 12 min 30 s → 13 min).

5. Performance, intellectual property and licenses

The source code of bots, plug-ins and platforms is not transferred to the Customer, unless otherwise indicated as “CUSTOM” on the invoice.

In the absence of a “CUSTOM” clause, MarckDev may reuse parts of the code (art. 64-bis of the Italian Copyright Law) provided it does not disclose the Customer's confidential information.

Domains are registered in the Customer's name or under fiduciary delegation and managed via Plesk; SSL certificates are issued with consistent WHOIS data.

6. Security and liability

• The Hetzner infrastructure is protected by firewall, WAF and daily encrypted backups.
• While adopting technical and organizational measures compliant with art. 32 GDPR, we do not guarantee absolute protection against attacks (DDoS, zero-day, etc.).
• MarckDev is not liable for vulnerabilities caused by third-party plug-ins/themes installed by the Customer, misconfigurations or application-side breaches (PHP/DB).
• The Customer is required to keep their own backups (“off-site backup”).

Any change made independently by the Customer to the site's modules, themes or code — except for ordinary content management operations (e.g. adding products, categories, pages) — voids the proper-functioning warranty provided by MarckDev. Any subsequent restore or support work will be billed according to the price list in force, unless otherwise agreed in the Contract signed at purchase.

7. Withdrawal, refunds and right of withdrawal

• A “consumer” Customer (art. 3 Legislative Decree 206/2005) may withdraw within 14 days from the purchase of Services not fully performed (art. 59 letter a).
• For B2B or already started Services, MarckDev nevertheless grants a “satisfied or refunded within 7 days” refund in case of an unsolvable problem attributable to MarckDev.
• Refunds, if approved, are issued within 14 days to the original IBAN or card.

8. Violations and abuse

• Use of the Services for unlawful activities or activities contrary to EU/IT regulations (copyright, anti-spam, anti-terrorism, etc.) is prohibited.
• In case of abuse, the Customer will receive notice by e-mail and will have 48 hours to remedy; failing that, the service may be suspended or terminated.
• Reports → [email protected].

9. Billing and quotes

• Digital quotes accepted by click are binding and record IP, date and time pursuant to art. 2702 of the Italian Civil Code.
• Quotes expire 30 days from issue unless extended in writing.
• Custom terms may be included in the invoice or an attachment.

10. Hosting and domains

• The Hetzner servers (server-fi-1, server-fi-2) are located in ISO 27001 / ISO 9001 certified data centers (Hel1-DC, Nbg1-DC).
• Plesk panel with encrypted backups, antivirus and 2FA access.
• 99.9% SLA availability on a monthly basis, excluding scheduled maintenance announced 24 hours in advance.

11. Privacy Policy

This notice applies pursuant to EU Regulation 2016/679 (GDPR), Legislative Decree 196/2003 as amended by Legislative Decree 101/2018 and Legislative Decree 70/2003.

11.1 Data controller

MarckDev Company di Marco Zappa, Via Pio La Torre 9, 94014 Nicosia (EN) – [email protected].

11.2 Personal data processed

11.3 Purposes and legal bases (art. 6 GDPR)

11.4 Retention

Data is retained: (i) up to 10 years for tax obligations (art. 2220 of the Italian Civil Code); (ii) up to 24 months for technical logs; (iii) until consent is withdrawn for marketing.

11.5 Recipients

• Internal staff and duly authorized collaborators;
• Infrastructure providers (Hetzner Online GmbH, Germany/Finland);
• Third-party providers for payments, ticketing and newsletter (under art. 28 GDPR contract).

11.6 Non-EU transfers

The servers are located in the European Economic Area (Germany/Finland). No transfer of data to non-EEA countries is foreseen.

11.7 Rights of the data subject

The data subject may exercise the rights under arts. 15-22 GDPR (access, rectification, erasure, restriction, portability, objection) by writing to [email protected] or via certified e-mail (PEC) [email protected].

11.8 Complaints

A complaint may be lodged with the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali, www.garanteprivacy.it).

11.9 Cookies & similar technologies

The Site uses technical cookies and anonymized analytics; profiling or third-party cookies are installed only with prior consent via a banner compliant with the Garante's 2021 Guidelines.

12. Applicable law and competent court

The Contract is governed by Italian law; for any dispute the Court of Enna has exclusive jurisdiction, without prejudice to the consumer's mandatory rights.

13. Changes to the Terms

MarckDev may update the Terms at any time; changes take effect upon publication on the Site. The Customer will be notified by e-mail with at least 15 days' notice for substantial changes.

14. Contacts