1.1. These “PauseDigital OÜ development service terms and conditions“ (hereinafter: development service terms and conditions or terms and conditions) determine the rights and obligations of PauseDigital OÜ (hereinafter: development service provider) in the provision of development services.
1.2. The terms and conditions are an integral part of the development work service provision contract
1.3. The terms and conditions deviating from the law are void.
1.4. In the case of these terms and conditions, written agreements mean an agreement enabling electronic reproduction, including those agreed in written communication by email or social media.
1.5. For unauthorized copying of a product or service created by PauseDigital OÜ, a fine of 10,000 euros applies.
2.1. Based on the contract, the development service provider offers IT development services according to the development work requested by the client. Specific terms of service provision are agreed each time in the service provision contract.
3.1. The contract enters into force on the same day after the conclusion of the contract between the parties, unless otherwise agreed.
4.1. The client of the development works informs the development service provider in writing of all necessary development works.
4.2. The development service provider confirms the performance of the corresponding work in writing. The development service provider does not carry out development activities in respect of such activities for which the development service provider has not given written confirmation.
4.3. Development works may be carried out in stages if the parties have so agreed in the service provision contract.
4.3.1. In the event that the works are carried out in stages, the client confirms its suitability after the completion of each stage.
4.3. In the event that the client wants additional developments during the development works, the additional developments, schedule and price will be agreed upon in writing.
4.4. The parties agree in writing on the deadline for the completion of the development works. In the event that the client wishes to change the completion date while the development works are being carried out, the development service provider must confirm in writing the acceptance of the change in the completion date.
5.1. Development works completed by the development service provider are guaranteed for one year.
5.2. The warranty is terminated if the client or a third party has made changes to the completed development works.
5.3. Performance of warranty work is free of charge by the development service provider.
6.1. The parties to the service provision agreement are responsible for violations of the agreement in accordance with the agreement and the provisions of the law.
6.2. The contracting party is not liable for breach of contract if the party's breach results from the other party's breach of contract.
6.3. The breaching party shall compensate the direct property damage caused by the breach of the contract and/or termination due to the breach of the contract, including reasonable legal, collection and other costs.
6.4. Compensation is paid upon the first demand of the injured party. Loss of income and non-pecuniary damage will only be compensated for willful breach of contract.
6.5. The total property liability of the parties to the contract is limited to the total value of the contract. This limitation shall not apply to willful breach of contract.
7.1. When ordering a development service, the provider of development works submits a price for the execution of the corresponding development works, plus VAT.
7.2. The development service provider and the client agree separately on the price of additional developments added during the development works.
7.3. The development service provider has the right to submit interim invoices to the client for large-scale development works.
7.3. If the client delays payment for development works, the development service provider has the right to charge the client 0.05% of the delay per day for each calendar day until the invoice is paid.
8.1. The contract for the provision of development services ends when the obligations agreed in the contract for the provision of services have been fulfilled.
8.2. The service provision agreement can also be terminated by agreement of the parties.
9.1. Information regarding the contract and the execution of the contract will be kept confidential and will not be disclosed to third parties without the consent of the other Party.
9.2. The obligation of confidentiality also applies after the termination of the contract. The obligation of confidentiality expires five (5) years after the date of termination of service, unless otherwise provided by law.
9.3. Employees or other persons who leave their position with one of the contracting parties.