Terms of sale

These terms govern the web and e-commerce services supplied by Taner OKUR, individual entrepreneur under French law trading as OLHYN, whose registered office is in Villiers-le-Bel, France.

Outside France, we work with business customers only: these terms apply to customers acting for the purposes of their trade, business or profession. We do not accept orders from consumers in the United States.

The accepted quote, its appendices and any specific conditions take precedence over these terms.

Each service is defined by a detailed quote setting out the scope, deliverables, price, milestones, estimated lead times and prerequisites. The order becomes firm when we receive the quote signed or accepted in writing, together with the deposit provided for. Any request outside the scope is quoted, or covered by an amendment, before work starts.

Prices are stated and invoiced in euros, net of VAT (VAT not applicable, article 293 B of the French General Tax Code). The tax arrangements specific to the client's situation in the United States are set out on the quote.

Unless otherwise agreed, a 30% deposit is due on order. The balance is invoiced by milestones as set out in the quote; failing that, 40% is due on approval of the intermediate milestone and 30% before go-live or final delivery. Invoices are payable on receipt, by bank transfer. Any bank and currency exchange fees are payable by the client.

Any late payment makes the following payable without prior reminder: late payment interest at the European Central Bank refinancing rate plus 10 percentage points, and a fixed recovery fee of 40 euros, without prejudice to further compensation on proof.

The one-hour study meeting is charged 80 euros, net of VAT; it is booked from our contact page. If a quote that directly follows this meeting is accepted within two months, the amount is deducted from the price of the service as a commercial credit shown on the quote or invoice. This credit is personal, non-refundable and non-transferable, and cannot be applied to purchases, licenses, subscriptions or third-party fees.

Services are performed remotely. A visit to your premises in the United States is possible if it is provided for in the quote, with travel costs quoted in advance.

The customer provides in good time the access, content, business information, approvals, licenses and contacts required. The customer remains responsible for the accuracy and lawfulness of its content, data and instructions, including the legal texts published on its website. Lead times are estimates and depend on this cooperation; any delay or missing approval may shift the schedule.

Deliverables are presented according to the milestones in the quote. The customer reports documented non-conformities within the period stated in the quote; adjustments within the scope are handled within the agreed limits.

Third-party services, licenses, hosts, platforms and APIs remain subject to their own terms. OLHYN does not guarantee their availability, changes or continuity. No service includes a guarantee of legal compliance, search ranking or commercial result.

7.1. What belongs to the customer. Content supplied by the customer (text, images, logos, trade marks and data) remains its full property, as do the domain name, the hosting and content management accounts opened in its name, and the data generated by running the website. OLHYN claims no rights over these and keeps no copy beyond what the service requires.

7.2. License on the delivered website. Once the price has been paid in full, OLHYN grants the customer a non-exclusive license, for the legal term of copyright protection, to use, install, reproduce, modify and develop the code of the delivered website for its own business use. The license covers one website, operated under the single domain name agreed in the quote.

7.3. What the customer may do. The customer may freely modify its website, change its structure and appearance, and entrust this work to any provider, without our prior consent or notice. It may host the website wherever it wishes and change host at any time.

7.4. What the customer may not do. Unless we agree in writing beforehand, the customer may not use the delivered code to create, feed or deploy any website other than the one in the quote, nor distribute, resell, assign, rent, sublicense or make it available to third parties, free of charge or for payment, as source code, template, theme or any other derivative intended for reuse.

7.5. Transfer with the business. If the business, goodwill or activity to which the website belongs is transferred, the license passes automatically to the acquirer on the same terms, on simple written notice to OLHYN. This is not an assignment of the code within the meaning of article 7.4.

7.6. Pre-existing elements and third-party components. Our pre-existing methods, know-how, libraries, reusable components and templates remain our property and are not assigned. The website includes third-party components under their own licenses, including open-source software; the customer undertakes to comply with them and receives their terms on request. Any paid fonts, images or extensions remain at the customer's expense and subject to their publishers' terms.

7.7. No license without payment. No license is granted until the price has been paid in full. Until then, any use of the delivered website is unauthorized.

7.8. Portfolio. Unless the customer objects in writing, OLHYN may mention the customer's name and show visuals of the website in its presentations and portfolio.

7.9. Confidentiality. Each party keeps confidential the non-public information received during the service, for its whole duration and two years after it ends.

OLHYN has an obligation of means (best endeavors), not of result. Except in the case of gross negligence, wilful misconduct or a mandatory rule to the contrary, its liability is limited to proven direct damage and to the amount actually paid for the service that caused it. Indirect losses, operating losses, loss of data, loss of profit, damage to reputation and consequences involving a third party are excluded. The customer remains responsible for its backups, business decisions, data, access and production environment.

OLHYN may suspend performance in the event of an unpaid invoice, missing prerequisites or a security risk. Any termination must be notified in writing. Work carried out, commitments made to third parties and milestones already due remain payable.

The parties first seek an amicable solution before any dispute. French law applies, without prejudice to the mandatory provisions of US federal or state law applicable to the client.

10.1. Each party for its own part. For the data the customer sends us to manage the business relationship (contact details, exchanges, invoicing), OLHYN acts as controller, as described in the privacy policy. Where performing the service leads us to access, host or handle personal data for which the customer is responsible, including data about its own customers, staff or users, OLHYN acts as processor within the meaning of article 28 of Regulation (EU) 2016/679. The following clauses then govern that processing.

10.2. Subject, duration and instructions. The sole purpose of the processing is to perform the service described in the quote, for the duration of that service. We process the data only on the customer's documented instructions use it for no other purpose and make no use of it for ourselves.

10.3. Confidentiality and security. We are bound by confidentiality and apply measures suited to the risk: restricted and authenticated access, encryption in transit, hosting on infrastructure located in the European Union, no public exposure of storage spaces, and limited retention periods.

10.4. File transfers. Large files exchanged during a service are sent through a secure exchange tool, without public exposure and for a limited period. The customer is responsible for downloading and keeping them.

10.5. Sub-processors. The customer authorizes OLHYN to use Cloudflare, Inc. for hosting and delivery, with storage in Europe. We inform the customer of any intended change of sub-processor, and the customer may object on legitimate grounds.

10.6. Assistance, incidents and end of service. We help the customer, as far as we can, to respond to requests to exercise rights and to meet its security obligations. Any personal data breach we become aware of is reported to the customer without undue delay. At the end of the service, the data is deleted unless a legal retention obligation or a written request from the customer says otherwise. The customer warrants that it has a lawful basis for the data it entrusts to us and informs the people concerned. Specific conditions may supplement this article for a given service.