Terms of Service.

Last modified on 1st January 2026

Entity Definition

Throughout this document, the terms “we”, “us”, and “our” refer to madebywhale Ltd, a limited liability company registered in Malta under company registration number C 109277 and VAT number MT31255722. The trade names “madebywhale” and “Whale” are used interchangeably to refer to the same legal entity. Throughout this document, the terms “you” refers to our Client(s) or any person or entity using our services.

Scope of Applicability

These Terms apply universally to all Clients. These terms also apply if any one of the below conditions or situations is true, or if any one of the below events occurred:
  • You engaged with us via our trade names "madebywhale" and "Whale".
  • You obtained service or assistance directly from us, or indirectly through one of our resellers or partners.
  • You obtained service or assistance from a separate or related legal entity, which was later transferred to, or merged into madebywhale Ltd.
  • You obtained service or assistance from one of our founding partners, whether paid or pro bono, regardless of task size.
  • We host services or data on your behalf.
  • We offer you a domain or DNS service.
  • We provided you or your IT a technical recommendation or configuration.
  • You use or used any of our services for personal or business use.
  • You provided us with some type of access or credentials or exchanged data / information with us.
  • We assisted or provided you service on a related topic such as Social Media, Digital Marketing, Advertising, Branding or Graphic Design.

Type of Service

We offer a limited yet focused set of digital services, which are delivered remotely due to the nature of our work. Our services are intended strictly for technical implementation. We do not provide professional strategic, legal, or financial advice. Any decisions made based on our input should be independently reviewed by qualified advisors in the respective fields.

Refusal of Service

We cannot guarantee that we are in a position to handle all new requests be it from existing Clients or potential Clients. Reasons for this may include but are not limited to insufficient resources, technical limitations, and personal or health issues. We also reserve the right to discontinue the services of an existing Client without refund or any form of compensation if any of these situations arise:
  • The Client breaches our terms of service.
  • The Client attacks in any way (verbal, physical, cyber, etc.) our employees, sub‑contractors, partners, infrastructure, or image.
  • The Client no longer communicates with us.

Disclaimer – Our services are not perfect.

To the fullest extent permitted by law, we do not guarantee the merchantability or fitness of our services for any particular purpose, nor their uninterrupted availability or integrity. We are not liable for any damages arising from the services failing to meet your expectations, or in the event of a fault—whether technical or non-technical. Faults may include, but are not limited to, human error, configuration issues, administrative mistakes, logical defects, and communication failures. Such faults may result in temporary or permanent disruption - including those we provide directly, as well as any associated services. We are not responsible for damages resulting from these faults.

Disclaimer – Our services are not risk free.

We implement reasonable security measures, but no system is completely immune. Thereby, we cannot guarantee the security of the services we provide you directly or any related services. Risks may include, but are not limited to cyber threats, security breaches, malicious attacks, spam, phishing attempts, technical failures, third-party provider outages, or subcontractor malfunctions. By using our services, you acknowledge and accept these risks and release us from liability for any resulting losses or damages.

Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any business‑related losses, including loss or damage to profits, revenue, data, intellectual property, goodwill, or any other indirect or consequential damages, whether foreseeable or unforeseeable, arising from security breaches, faults, human error, or service failures affecting your services or connected systems, whether caused by us, you, third parties, or external systems.

Indemnification

You agree that we cannot be held responsible for any third-party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of our services. You, and solely you, take responsibility for your actions while using our service.

Data Sharing

In order to provide you with service, portions of the data or information you provide to us may be shared with employees, trusted partners, sub‑contractors, collaborators, tools, or third‑party service providers involved in delivering or supporting our work. While these parties make reasonable efforts to maintain security, none of them can guarantee absolute protection. By obtaining service from us, you agree to hold our employees, partners, sub‑contractors, collaborators, tools, and third‑party providers harmless from any loss, damage, or liability arising from their involvement.

Client as Data Controller

In accordance with applicable data protection laws, including Regulation (EU) 2016/679 (“GDPR”), the Client is and shall remain the Data Controller of any Personal Data collected, stored, or processed via the website, email, or digital services developed on the Client’s behalf. We act solely as a Data Processor and do not determine the purposes or means of processing Personal Data. It is the Client’s sole responsibility to ensure that all Personal Data is collected and processed in compliance with applicable law. We expressly disclaim any liability arising from the Client’s failure to fulfill their data protection obligations.

Access You Provide Us

In certain situations, to enable us to assist you, you may share credentials to third-party platforms or accounts you own or manage, such as social media or other software tools. While we make every effort to handle your information securely, you acknowledge that granting us access is done at your own risk. We strongly recommend removing our access or resetting any relevant passwords once our support is no longer required.

Data Hygiene and Retention

Clients, including website owners, email users, and E‑Commerce operators, are responsible for regularly reviewing and removing redundant or outdated user data stored within any of our services. We strongly recommend retaining only the information that is necessary and relevant for ongoing operations.

Website Troubleshooting Time

We do our effort to troubleshoot any technical issue once reported to us by our Client / Clients. We cannot troubleshoot any problem for our Clients if we are not aware of it, therefore we always recommend our Clients to remain vigilant and inform us at the earliest if a software bug, a security breach, or any type of unwanted or unexplained software behaviour is observed. Simply put, the faster you report an issue to us, the faster we will be able to look into potential solutions or fixes if applicable.

Website Technical Updates and Changes

We reserve the right to implement technical updates and changes to client websites without notice, and according to our internal working schedule. While in most cases technical updates and changes are beneficial to our Clients, in rare occasions they may negatively affect our Clients, their business, or the service we provide them. We expressly disclaim any liability for direct or indirect damages arising from any technical updates and changes.

Website Owners' Responsibilities

Responsibilities of website owners include, but are not limited to the below:
Website Proof Reading
Please ensure that any information on your website is accurate and up to date. This information may range from general information about your business, products, services, opening hours, contact information, and legal pages or legal notices. We recommend reviewing your website content at least once per year, and more frequently if possible.
Trademarks and Copyrighted Material
You must ensure that you have the legal right to use any trademarks, copyrighted materials, fonts, brand assets, files, images, or text used in connection with the services we provide you. This includes any content or files you submit to us or upload directly to your website using access we grant you.
Password Management
Whenever we provide you with a password, please change it to a secure password of your choice. Avoid sharing login credentials and reset them as often as needed to maintain security. If you encounter any difficulty or require help on password resets, you may contact us for guidance.
Reporting of Errors or Unwanted Features
If you notice something that is not working as intended, please tell us about it.

Email Accounts & Access Control

Google Workspace Users
Clients using Google Workspace through madebywhale Ltd are solely responsible for maintaining their own account security, including but not limited to passwords, recovery email, recovery phone, and 2‑Step Verification. We cannot bypass or override Google’s security mechanisms and do not retain administrative access after initial provisioning. We cannot assist with account recovery, password resets, or identity verification under any circumstances.
Migadu Email Users
Clients using Migadu email hosting through madebywhale Ltd are responsible for securing their accounts, including passwords, device access, and any optional recovery settings. We do not retain access to mailbox content, but we may assist with password resets where technically possible. Assistance with password resets does not imply responsibility for account recovery, identity verification, or ongoing security management. Migadu remains the sole provider of the email hosting service, and we are not responsible for downtime, data loss, or third‑party breaches.

Pricing

Quotations remain valid for up to 60 days from the date of issue. Pricing for web hosting, email hosting, and domains is annual and subject to periodic revision. Annual fees must be paid in full, one year in advance. All pricing is assessed, quoted, and reviewed on a case-by-case basis and is considered strictly confidential.

Payment Terms

Web Development
50% deposit and 50% on website launch approval. Any outstanding balance must be settled before the website is launched.
Hosted Services and Domains
Payment for web hosting, email hosting, domains, and other yearly billable services must be received in full within 30 days of our request. Failure to do so may result in permanent cancellation of the services. We will send a maximum of two reminders via email or other available contact methods. If we receive no response, we will assume that you no longer intend to use the services, and they will therefore be permanently cancelled. Please note that a permanent termination is irrecoverable and may impact not only the specific service but also any related services. To ensure clarity and avoid miscommunication, we strongly encourage you to inform us of your renewal intentions in a timely manner. We are not responsible for any loss or negative impact resulting from non‑renewal.
Website Hosting Exit and Handover Fees
Clients may discontinue our website hosting services at any time without charge. However, if a client requests that we assist with the transfer of their website to another provider, including any administrative work required to facilitate the handover, a €250 + VAT administrative fee applies. This fee reflects the time and resources required to safely complete the procedure.

Refunds

Refund Policy for Web Design and Development Services:
In the rare event that we cancel your order due to an internal business decision after you've paid a deposit, a full refund will be issued. However, if the Client initiates a cancellation, the deposit is non-refundable. This deposit secures the effort and resources invested in each sale.
Refund Policy for Renewal of Annually Payable Services:
To ensure transparency and adequate decision-making time, we notify Clients approximately 30 days prior to the service expiry date. During this period, the Client must clearly communicate whether they intend to renew or terminate the service. Once a renewal is processed and a new term begins, refunds will no longer be possible.

Showcasing our Website Designs and Developments

As part of our online portfolio, we may display images that link directly to client websites. These may include, but are not limited to, screenshots or visuals captured from or related to the Client’s website. By purchasing a website from us, you acknowledge and agree that we may feature your website in this manner without requiring prior notice. This allows us to showcase our work efficiently and transparently. We also add a credit such as 'Designed by Whale', 'Developed by Whale', or 'Powered by Whale', which links to our own website (madebywhale.com) in the footer section of websites we develop.

Prohibited Use

You are prohibited from using any service we provide you, or its content, in ways that include but are not limited to:
  • Engaging in any unlawful activity.
  • Soliciting others to perform or participate in unlawful acts.
  • Violating any applicable local, national, or international laws, regulations, or rules.
  • Infringing upon our intellectual property rights or those of others.
  • Engaging in harassment, abuse, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Submitting false or misleading information.
  • Uploading, transmitting, or attempting to upload or transmit viruses, malware, or any malicious code that could impair service functionality or security.
  • Collecting or tracking personal information of others without consent.
  • Engaging in spamming, phishing, pharming, pretexting, scraping, crawling, or using automated tools to extract data.
  • Using the service for obscene, immoral, or illegal purposes.
  • Interfering with, bypassing, or attempting to bypass security features of the hosting service, website, or any related infrastructure.
We reserve the right to suspend or permanently terminate services if you violate these terms, without offering refunds or any type of compensation.

Accuracy and Priority of Information

The terms on this page take precedence over any conflicting information displayed elsewhere on our website, on social media, or in any printed or digital materials.

Exit Procedure

Our Terms of Service are standardised to ensure fairness and consistency across all engagements. If you are using our services or are commercially engaged with us and do not agree with any portion of these Terms, we kindly request that you notify us immediately at legal@madebywhale.com . Upon notification, we will collaborate with you to establish an exit process and an exit date so that you can start obtaining service from another provider of your choice. We will find no objections to transfer-out any relevant domains and/or website files that we host for you. Alternatively, we may provide you with access to the required resources depending on the type of service and methods offered at the time.

Historical Engagements

Before the formation of madebywhale Ltd, services were provided collaboratively by its founding partners under the same business name and scope. Clients who engaged with us during this period acknowledge that the terms outlined herein apply retroactively to those services. This ensures that all engagements, past and future, are governed consistently under madebywhale Ltd.

Governing Law

These Terms of Service and any separate agreements we provide you shall be governed by and construed in accordance with the laws of Malta, Europe.

Changes to These Terms

From time to time, we may update or revise these terms by posting the amended version on this page. All changes will become effective immediately upon posting. The current version of these terms will govern your relationship with us. We encourage you to periodically review the “Last Modified” date at the top of this page and familiarise yourself with the latest version. Your continued use of our services after any changes to these Terms constitutes acceptance of the updated version.

Questions or Concerns

If you have any questions or concerns, please don’t hesitate to reach out via email at legal@madebywhale.com.