General terms of sale for websites

1. Who these terms are for

These terms are written for businesses and organisations. If you order as a consumer, that is for purposes outside your trade, business or profession, the clauses marked "Consumers" also apply to you, and nothing in these terms takes away the rights that the law of your country gives you.

They do not cover the Cyclop OS operating system and its licences, which have their own terms of sale.

2. What we provide

The services are those listed on the quote: the design and build of a website (the "Build"), optionally a companion app, and a monthly plan that keeps the site online (the "Plan").

During the contract, Cyclop chooses, pays for and holds the server that runs the site and the domain name, in its own name. You do not need a hosting or domain account of your own.

Anything not listed on the quote is not included, in particular copywriting, photography, printing and paid advertising, unless a line of the quote says otherwise.

3. The quote and your order

A quote is valid for the number of days printed on it. You accept it on your project page or on the proposal page, by ticking the box that accepts these terms. That acceptance is your order. We record the version of these terms you accepted and the date and time, and we confirm the order by email with a link to this version.

A change of scope after acceptance is made through a revised quote, which you accept the same way. Instalments already paid never change.

Consumers: you may withdraw within 14 days of accepting the quote, without giving a reason, by email to contact@cyclop-tech.com or with the model form on our withdrawal page. If you ask us in writing to start within those 14 days and then withdraw, you pay for the work done up to the day you tell us, in proportion to the whole Build. If the Build is fully performed within the 14 days at your express request, after you acknowledged that you would then lose the right of withdrawal, the right no longer applies.

How to withdraw, stop a plan or ask for a refund, in plain words: Withdrawal and refunds.

4. Price

The price has two parts: the one-off price of the Build, shown on the quote and paid on the schedule printed there, and the monthly price of the Plan: Essential 25 EUR, Pro 65 EUR or Store 95 EUR per month, unless the quote says otherwise.

VAT not charged: the seller is not registered for VAT in Estonia. The amounts on the quote and the invoices are the amounts you pay.

The Plan starts on the day the site goes live, has no minimum term and is invoiced each month in advance. Card payments go through Stripe under its own terms; a bank transfer is recorded by hand and shown on the invoice as a dated line.

5. If a payment is late

This schedule applies to every invoice, from the day it is due (D0):

• The monthly plan is invoiced each month in advance. Day 0 (D0): the invoice is due.
• D+3 and D+10: a reminder by email.
• D+15: the site is suspended and shows a maintenance page. Mailboxes keep receiving mail.
• D+23: a last notice by email, with the option to ask for an export of your content and data.
• D+30: the contract ends. The site's data is deleted from our servers and backups, and the domain is not renewed (or is released).
• Before D+30 you can ask for an export at any time. A domain transfer is made once what is due has been paid. Paying what is due before D+30 puts the site back online within one working day.

From D+1, late-payment interest runs at the rate set by section 113 of the Estonian Law of Obligations Act (the European Central Bank base rate plus 8 percentage points per year). A business customer also owes a fixed 40 EUR for recovery costs (section 113^1), and further compensation if the actual costs are higher.

An unpaid instalment of the Build pauses the Build until it is paid; the dates move by the same time.

6. How the Build runs

The Build is split into the steps shown on your project page. Each step is presented to you for approval. Each step includes two rounds of changes within the scope of the quote; further rounds, or a change that goes beyond the scope, are quoted separately before any work.

You provide the content the site needs (texts, images, logo, product data) and the accesses we ask for. The dates move by the time this content or an approval takes to arrive.

The site goes live once you approve the last step and the instalment due at that point is paid.

7. The monthly Plan and changes after launch

Essential: the site and its admin, hosting, domain, certificate, 2 mailboxes, nightly backups and availability monitoring by us; 1 small change per month.

Pro: everything in Essential, plus visit statistics, a public status page and 10 mailboxes; 3 small changes per month.

Store: everything in Pro, plus unlimited mailboxes, monitored payments and priority handling; 6 small changes per month.

A small change is a text, a photo, opening hours or a price to replace: about fifteen minutes of work. Unused changes do not carry over to the next month. Anything larger, or beyond the monthly allowance, is billed at the price list in force, only after you have been told the price and agreed to it.

8. Hosting

We host the site on servers located in the European Union and keep backups of it. We do this on a best-efforts basis: we do not promise that the site will never be interrupted, slowed down or affected by a fault we do not control. Planned maintenance is done at quiet hours where possible.

For the content you publish, we act as a hosting service under article 6 of Regulation (EU) 2022/2065 (Digital Services Act). If we are notified of unlawful content, we remove it or block access to it promptly and tell you why.

9. Who owns what

Your content stays yours: texts, images, logo, brand, product data, and the data of your visitors and customers. You give us the right to use it only to build, host and maintain the site.

The code, the template, the components and the know-how Cyclop uses to build sites remain Cyclop's. During the contract, you receive a non-exclusive, non-transferable licence to use them for your site. That licence ends with the contract, unless a buyout is agreed in writing (its price is then shown on a quote). Open-source components stay under their own licences.

Each party may name the other, with its logo, as a commercial reference during the relationship and for three years after it. You can refuse this at any time by email.

10. Your obligations

You give us accurate information, hold the rights to everything you ask us to publish, answer our questions and approvals within a reasonable time, and keep your accesses confidential.

You remain the publisher of your site and are responsible for its content and for the legal pages it must carry (legal notice, privacy policy, cookie information, terms of sale if you sell online). We can draft them with you if the quote includes it.

You must not use the services to publish content that is unlawful, infringes the rights of others, or harms the security of our servers or of other customers.

11. Personal data

For the personal data of your site's visitors, customers and mailbox users, you are the controller and Cyclop is your processor under article 28 of the GDPR. The data processing agreement published at cyclop-tech.com/data-processing-agreement-websites is part of the contract: it lists our sub-processors, the security measures and what happens to the data at the end.

How Cyclop handles your own data as a customer is described in our privacy policy.

The data processing agreement that applies to your site: data processing agreement for websites.

How Cyclop handles your own data as a customer is described in our privacy policy.

12. Liability

Our liability is limited to proven direct damage. Provided you make a written claim (an email is enough) within two months of discovering the damage, it is capped at the amounts you paid us in the twelve months before the event that caused it.

These limits do not apply to intentional breach or gross negligence, nor to harm to life, body or health (section 106 of the Estonian Law of Obligations Act). Consumers: they do not reduce your legal rights, in particular the legal guarantee of conformity of digital content and services.

13. Force majeure

Neither party is liable for a delay or failure caused by a circumstance beyond its control which it could not reasonably be expected to avoid or overcome (section 103 of the Estonian Law of Obligations Act), for as long as that circumstance lasts. If it lasts more than 60 days, either party may end the contract by email.

14. Ending the contract

You may stop the Plan at any time, from your project page or by email; it stops at the end of the month already paid, and nothing more is invoiced. If you stop during the Build, the instalments for the steps already started remain due.

We may end the Plan with 30 days' notice by email, or without notice after the D+30 step of article 5, or after a serious breach that is not remedied within 15 days of a written reminder.

When the contract ends, we hand over on request, within 30 days, an export of your content and data (texts, media, the site's database in a standard format) and, if what is due has been paid, the domain transfer code. The code and template are not handed over unless a buyout was agreed. Your data is then deleted from our servers, and from our backups within their normal rotation.

15. Changes to these terms

We may change these terms by telling you by email at least 30 days before the change takes effect. If you do not accept it, you can end the Plan free of charge before that date. A quote already accepted stays under the version you accepted for the Build.

16. Law, disputes and language

These terms are governed by Estonian law. A dispute between businesses that has not been settled amicably within two months of its first notification falls under the exclusive jurisdiction of the Harju County Court (Harju Maakohus, Tallinn, Estonia).

Consumers: you keep the protection of the mandatory rules of the law of the country where you live (article 6 of Regulation (EC) No 593/2008, "Rome I"). You may go to the courts of your domicile or to the Estonian courts, and we may only sue you in the courts of your domicile (articles 17 and 18 of Regulation (EU) No 1215/2012). You may also turn, free of charge, to the Consumer Disputes Committee (Tarbijavaidluste komisjon, Endla 10a, 10122 Tallinn, avaldus@komisjon.ee, ttja.ee).

These terms exist in English and French. If the two versions differ, the version in the language of your quote prevails.