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Terms of service

Posted: May 15, 2023

1. This offer belongs to Häk OÜ, hereinafter referred to as the Service Provider, and is confidential and not to be disclosed to third parties.

2. The client, hereinafter referred to as the Client, is the requester of the project or proposal from the Service Provider.

3. To confirm the order, we kindly ask you to make an advance payment of at least 50% of the total amount. Upon receipt of the advance payment, it will be considered that the service contract has been concluded for the work to be carried out under the conditions specified above.

4. The schedule for submitting materials and approvals, as well as the project’s Scope of Work, which describes the project’s scope and deliverables, shall be agreed upon between the client and the agency via email or in writing on WhatsApp within one working week after the conclusion of the service contract (see point 3)

5. The extent of feedback and changes for the project will also be agreed upon via email or on WhatsApp at the start of the project. Confirmation will be deemed valid when the Client expresses their consent in written form to the information provided by the Service Provider.

6. Regarding the achievement of the agreed-upon results, the Client shall clearly communicate their satisfaction in a written, reproducible form via email or on WhatsApp. The results will be considered satisfactory if the Client has expressed their satisfaction in an email or on WhatsApp, or if the Service Provider has fulfilled the Scope of Work.

7. If there is a transfer of materials, it shall also be done via email or on WhatsApp by sending the relevant Dropbox folder link. Once all materials have been received by the Client, they shall confirm this in accordance with the agreed timeline, in written form, via email or on WhatsApp, using clear and understandable words/sentences.

8.Project Communication:

  • 8.1. Your company will appoint representative(s) in written, reproducible form via email or on WhatsApp for the successful implementation of the project. These representative(s) will provide us with necessary information materials for the work, monitor the progress of the work from their end, and provide confirmations at different stages of completion and decision-making, taking responsibility for the accuracy and thoroughness of the information in the brief to prevent changes to the brief.
  • 8.2. The work group, consisting of members from the agency’s team who are deemed necessary to be included in meetings in various phases of work, as well as client representatives (point 8.1), will make decisions at agreed-upon times. The participation of work group members in substantive discussions and decision-making, as agreed upon in advance, is crucial.
  • 8.3. Any unexpected changes to the composition of the work group (decision-makers) should be discussed in advance with the other party. If new individuals are brought into the process midway, additional time should be considered for clarifying starting points. Notification of changes to work group members and confirmation of the decision should be provided in written, reproducible form via email or on WhatsApp.
  • 8.4. Changing decisions that have already been accepted in later stages of the project will result in additional costs and changes to the project timeline.

9. Important issues are resolved in meetings held at defined intervals and upon completion of different stages. The meetings are documented, and memos regarding accepted decisions and subsequent steps are sent to all parties involved.

10. In the event of confirmed schedule violations, the party responsible for the delay will be subject to a penalty of 0.3% per day of the total amount stated in the offer. This penalty will be invoiced along with the remaining offer upon project completion or in interim invoicing for open-ended projects.

11. If additional activities are identified during the project, a separate additional budget will be prepared and confirmed with the client.

12. The release of the ordered work and transfer of ownership is conditioned upon 100% payment of the invoice. Work files will not be handed over; they remain the property of the author or can be sold separately for an additional fee.

13. The client will pay the service provider a penalty of 0.2% for each day of delay in payment by the client to the service provider.

14. Upon acceptance of the completed work, the client is obligated to review it and promptly inform the service provider of any deficiencies or issues

15. The Client will provide all relevant information, instructions and materials that are needed in order to execute the Client’s orders. The Client ensures that any materials provided to the Service Provider are in full compliance with applicable laws and that use of such materials upon provision of the Services does not violate any third-party intellectual property rights or similar.

16. The Client may unilaterally cancel a binding order of the Services or instruct considerable changes for a reasonable cause by compensating all proven relevant costs to the Service Provider, including contractual fines by third parties and the time spent on the cancellations or changes of the marketing plan as well as the fee for the workings hours already performed relying on the binding order until its cancellation.

17. The Client reviews the work performed by the Service Provider according to the time frame agreed on between the Client and the Service Provider at the beginning of the Services execution. In case the time frame has not been set, the Client has up to five (5) working days to review the work performed by the Service Provider. If the Client does not notify the Service Provider of any non-compliance within this term, the work is considered to be in accordance with the terms of the order and the Agreement and is handed over to the Client in reproducible format by e-mail or Whatsapp.

18. If a budget increased due to circumstances beyond the Service Provider’s control, the Service Provider notifies the Client thereof and Parties seek to reach an agreement on how to proceed (with approved increased budget or changes in Services). The Service Provider has the right to suspend the Service provision until a new agreement is reached.

19. Possible additional costs (no expenses will be incurred without prior approval):

  • 19.1. If the client has a need for new functionality during website planning or development that was not mentioned in the brief or task statement, and it can be resolved through the use of a third-party extension or paid add-on, it will be installed for an additional fee. The specific additional fee will be confirmed with the client in written, reproducible form via email or on WhatsApp before its installation.
  • 19.2. Text fonts (if a paid custom font is chosen, it must be purchased), with prices ranging from 25 to 250 euros per style for 1 to 5 computer users.
    Purchasing image material from a stock photo library or involving a photographer in the project.
  • 19.3. Designs that require subcontracting with programs outside the usual scope.
  • 19.4. Consultation for implementing design samples (e.g., real selection of promotional items, searching for and mediating with actual manufacturers, etc.).
  • 19.5. For meetings outside Tallinn, a travel fee of 0.3€ per kilometer per person will be added.

20. Confirmation of the offer and ordering of work are subject to the condition that, if desired, the Service Provider may use the completed work for advertising or reference purposes in their portfolio or promotional materials.

21. Within the project, the Service Provider may fly to the location for an additional fee.

22. We provide support and maintenance for the completed solution:

    • 22.1.The scope of detailed maintenance and support will be determined based on specific needs, and a separate agreement will be made for pricing.
    • 22.2.We will respond to inquiries within two working days and provide an estimated time for problem resolution, provided that the number of questions per week does not exceed three.
    • 22.3.The hourly rate for user support is 85€, with a minimum charge of 1 hour.

A 3-month warranty applies to the completed web development, during which any errors arising from the Service Provider’s side, as agreed upon by both parties, will be rectified at no additional cost.