Terms & conditions

1. Who we are

These terms belong to Smoothware OÜ (hereinafter: Smoothware), registry code 17596037, Sepapaja tn 6, 15551 Tallinn, Estonia, reachable at [email protected]. They apply to every quote, assignment and agreement in which Smoothware delivers websites, online stores, apps, software, SEO or AI automation. A Smoothweb subscription is covered by the Smoothweb terms.

The arrangements on prices, payment, planning and deadlines are in your quote; we are happy to answer questions about them via contact.

2. Quote and assignment

• How long a quote is valid is stated in the quote.
• The assignment starts once you have accepted the quote in writing or by email.
• What we build is stated in the quote. If you want something extra or different during the project, that is additional work: we tell you in advance what it costs and only start once you agree.

3. Prices and payment

• Prices are in euros. The quote states whether and how VAT is charged.
• When we invoice and what you pay when is stated in the quote.
• You pay an invoice within the term stated on it. If you do not pay on time, we first send a reminder. If payment is still not made after that, we may pause the work and ongoing services until the invoice is paid, and charge statutory interest and reasonable collection costs.

4. Working together and planning

• You receive a schedule at the start. We do our best to meet it; a deadline is a target date, not a strict deadline.
• You provide what we need from you on time, such as texts, images, access to systems and feedback. If it comes later, the schedule moves with it.
• You make sure you hold the rights to the texts, images and other materials you supply.

5. Delivery and acceptance

• At delivery you test the work and report errors. Errors that deviate from what we agreed are fixed at no extra cost.
• How long you have to test, and for how long after that we fix errors free of charge, is stated in the quote. Once you use the work live, it counts as accepted.

6. Ownership

• After full payment you own what we made specifically for you, such as the design, the texts and the source code of custom work.
• Existing components, such as our own software, reusable code, open-source components and third-party licenses, remain ours or their owner's. You get the right to use them for the work we built for you.
• We may show the work as an example in our portfolio, unless you do not want us to.

7. Hosting, maintenance and third-party services

• If you take hosting or maintenance, the term and notice period are stated in the quote.
• Components from others, such as a payment provider, domain registration, plugins or an AI model, are also subject to their own terms. We are not liable for outages at those parties, but we will help you resolve them.

8. Personal data and confidentiality

• If we process personal data for you, such as your customers' data, we conclude a data processing agreement. How we handle data through our own website is described in our privacy policy.
• We keep your confidential information secret, also after the assignment has ended.

9. Liability

• If something goes wrong through our fault, we are liable for the direct damage, up to at most the amount you paid for that assignment.
• We are not liable for indirect damage, such as lost revenue or lost data. So also make your own backups of what matters to your business.
• These limits do not apply in the case of intent or deliberate recklessness.

10. End of the assignment

• If you stop a project midway, you pay for the work done up to that point.
• When an ongoing service ends, you receive a copy of your website, your files and your data, so you can carry on with them.

11. Applicable law and disputes

Dutch law applies to these terms and to every assignment. If you have a complaint, please email us first at [email protected]; we respond as quickly as possible. If we cannot resolve it together, the competent court in the Netherlands decides. If you are a consumer, you keep the protection the law of your own country gives you.