Terms & Conditions

1. Acceptance of Terms

By accessing or using any Pestmark Systems website, service, software, automation, consultation, or marketing solution, you agree to comply with and be legally bound by these Terms.

If you do not agree with these Terms, you must discontinue use of our Services immediately.

2. Description of Services

Pestmark Systems provides digital services including, but not limited to:

• Website design and development
• Search engine optimization (SEO)
• Google Business Profile optimization
• CRM setup and implementation
• Marketing automation systems
• Lead generation systems
• AI-powered business automation
• Consulting and strategy services

Services may change, expand, or be modified at any time without prior notice.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into binding agreements on behalf of yourself or your business.

4. Payments & Billing

Certain Services require payment. By purchasing Services, you authorize Pestmark Systems to charge the selected payment method for all agreed fees and recurring subscription charges.

Payments may be processed through Stripe, invoices, bank transfers, or other approved payment methods.

Failure to make payments when due may result in suspension, restriction, or termination of Services.

5. Subscription Terms & Cancellation

Monthly Plans

Monthly subscriptions may be cancelled at any time. Future recurring charges will stop following cancellation. Services generally remain active until the end of the current billing period unless immediate termination is requested by the client.

6-Month Plans

6-Month plans may be cancelled at any time. Cancellation prevents future renewals but does not entitle the client to refunds for services already delivered, committed, or in progress.

Annual Plans

Annual plans may be cancelled at any time. Cancellation prevents future renewals but does not entitle the client to refunds for services already delivered, committed, or in progress.

6. Refund Policy

Refund eligibility, procedures, and conditions are governed by our separate Refund Policy.

By purchasing Services, you acknowledge and agree to the Refund Policy available on our website.

7. Chargebacks & Payment Disputes

Clients agree to contact Pestmark Systems first to resolve any billing concerns before initiating a chargeback, payment reversal, or payment dispute.

Pestmark Systems reserves the right to provide invoices, agreements, communications, project files, records, login data, work logs, and other documentation to payment processors, financial institutions, or dispute resolution providers when responding to chargebacks or disputes.

If a chargeback or payment dispute is initiated, Pestmark Systems may suspend access to websites, hosting, software, automations, reporting tools, CRM systems, and other services until the matter is resolved.

8. Acceptable Use

You agree not to:

• Violate any applicable law or regulation
• Transmit malicious code, malware, or harmful software
• Attempt unauthorized access to systems or accounts
• Engage in deceptive, fraudulent, or unlawful activities
• Infringe on intellectual property rights
• Use our Services in a way that harms Pestmark Systems, its clients, or partners

9. Intellectual Property

Client Content

Clients retain ownership of all logos, trademarks, photographs, written content, business information, and other materials provided to Pestmark Systems.

By supplying content, clients grant Pestmark Systems a limited, non-exclusive, royalty-free license to use, modify, display, reproduce, and process such content solely for the purpose of delivering agreed Services.

Custom Deliverables

For custom websites and one-time projects purchased and paid for in full, ownership of the final deliverables transfers to the client upon full payment unless otherwise agreed in writing.

Pestmark Systems Property

Pestmark Systems retains ownership of its proprietary systems, frameworks, templates, automations, methodologies, software, processes, documentation, internal tools, branding assets, and reusable intellectual property.

10. Subscription Services & Ownership

Certain Services are offered on a subscription basis and may include website hosting, website maintenance, CRM systems, marketing automations, reporting tools, software licenses, integrations, and other proprietary systems.

Unless otherwise agreed in writing, subscription-based Services remain active only while the applicable subscription remains active and in good standing.

Upon cancellation or termination of a subscription:

• Future recurring charges will stop.
• Access to subscription-based systems and services may be suspended or terminated.
• Clients remain responsible for any outstanding balances owed.
• Client-owned content remains the property of the client.

For websites provided as part of a recurring subscription plan, Pestmark Systems retains ownership of the underlying website infrastructure, hosting environment, software licenses, templates, automations, systems, and related proprietary assets unless otherwise agreed in writing.

Pestmark Systems may, at its sole discretion, offer clients the option to purchase ownership of subscription-based website assets under a separate written agreement.

11. No Guaranteed Results

Marketing, SEO, automation, website performance, and advertising outcomes depend on numerous factors outside our control, including market conditions, competition, implementation, advertising budgets, customer behavior, and industry trends.

Any examples, projections, estimates, case studies, or performance discussions provided by Pestmark Systems are illustrative only and should not be interpreted as guarantees of future performance.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Pestmark Systems shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the use of our Services.

This includes, but is not limited to, loss of profits, loss of revenue, loss of business opportunities, business interruption, loss of goodwill, loss of data, or other intangible losses.

Pestmark Systems' total liability arising from any claim related to the Services shall not exceed the total amount paid by the client to Pestmark Systems during the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Pestmark Systems, its owners, employees, contractors, affiliates, partners, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of applicable laws or regulations.
• Your infringement of third-party rights.
• Content or materials supplied by you.

14. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Bulgaria without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Bulgaria.

15. Termination

Pestmark Systems may suspend, restrict, or terminate access to Services if a client:

• Fails to make required payments.
• Violates these Terms.
• Engages in unlawful, fraudulent, or abusive conduct.
• Creates unreasonable risk to Pestmark Systems, its systems, clients, or partners.

Termination does not relieve the client of any outstanding payment obligations accrued before termination.

16. Disclaimer of Warranties

Services are provided on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, Pestmark Systems disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted availability.

17. Changes to These Terms

Pestmark Systems may modify these Terms at any time.

Updated versions will be posted on our website together with the revised effective date.

Continued use of the Services after such updates constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

19. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any written agreements between the parties, constitute the entire agreement between you and Pestmark Systems regarding the Services and supersede all prior discussions, communications, and understandings.