Terms of sale

These terms govern the web and e-commerce services provided by Taner OKUR, sole trader under French law (entrepreneur individuel) trading as OLHYN, whose registered office is in Villiers-le-Bel, France.

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

The accepted quote, its appendices and any special 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 binding when the signed or accepted quote is received in writing, together with payment of the agreed deposit. Any request outside the scope gives rise to a prior estimate or an amendment.

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 Australia are set out on the quote.

Unless otherwise agreed, a deposit of 30% 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 handover. 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: penalties calculated at the European Central Bank refinancing rate plus 10 percentage points, and a fixed compensation of 40 euros for recovery costs, without prejudice to additional 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, this amount is deducted from the price of the service as a commercial credit stated on the quote or invoice. This credit is personal, non-refundable and non-transferable, and cannot be applied to purchases, licences, subscriptions or third-party costs.

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

Services are carried out remotely. An on-site visit in Australia is possible when the quote provides for it, with travel costs set out in advance.

Deliverables are presented according to the milestones set out in the quote. The client reports documented non-conformities within the period stated in the quote; adjustments within the scope are handled within the agreed limits. Third-party services, licences, hosting providers, platforms and APIs remain subject to their own terms. OLHYN does not guarantee their availability, their changes or the continuity of their services.

7.1 What belongs to the client

Content supplied by the client (text, images, logos, trade marks and data) remains its full and exclusive property. The same applies to the domain name, the hosting and content management accounts opened in its name, and the data produced by running the website. OLHYN claims no rights over these items and keeps no copy beyond what the service requires.

7.2 Licence granted on the delivered website

After payment in full, OLHYN grants the client, on a non-exclusive basis and for the legal term of copyright protection, the right to use, install, reproduce, modify and develop the code of the delivered website for its own professional use. This licence covers a single website, operated under a single domain name, as agreed in the quote.

7.3 What the client may do

The client may freely modify its website, change its structure and appearance, and entrust this work to any provider of its choice, without prior consent from or notice to OLHYN. It may host the website wherever it wishes and change hosting provider at any time.

7.4 What the client may not do

Unless OLHYN has given prior written consent, the client may not use the delivered code to create, feed or deploy any website other than the one provided for in the quote, nor distribute, resell, assign, rent, sub-license or make it available to third parties, free of charge or for payment, as source code, a template, a theme or any other derivative intended for reuse.

7.5 Transfer with the business

If the company, the business or the activity to which the website is attached is sold, the licence passes automatically to the buyer on the same terms, upon simple written notice to OLHYN. This transfer does not constitute an assignment of the code within the meaning of clause 7.4.

7.6 Pre-existing elements and third-party components

The methods, know-how, libraries, reusable components and pre-existing templates of OLHYN remain its property and are not assigned. The website includes third-party components subject to their own licences, including open-source software; the client undertakes to comply with their terms, which are provided on request. Any paid fonts, images or extensions required remain payable by the client and subject to their publishers' terms.

7.7 No licence without payment

No licence is granted until the price has been paid in full. Until full payment, any use of the delivered website is unauthorised.

7.8 Commercial reference

Unless the client objects in writing, OLHYN may mention the client's name and show visuals of the website produced in its presentation materials and portfolio.

7.9 Confidentiality

Each party keeps confidential the non-public information received in connection with the service, throughout its term and for two years after it ends.

OLHYN is bound by an obligation of means (best endeavours), not an obligation of result. It does not guarantee a search ranking, a sales figure or compliance with any law: the technical measures it delivers support the client's compliance, which remains the client's responsibility. Except in the event of gross negligence, wilful misconduct or a contrary mandatory provision, its liability is limited to proven direct damage and to the amount actually paid for the service giving rise to the damage. Indirect losses, operating losses, loss of data, loss of profit, damage to reputation and consequences involving a third party are excluded. The client 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 Australian law applicable to the client.

10.1 Each party for its own processing

For the data the client provides to manage the business relationship (contact details, correspondence, invoicing), OLHYN acts as controller; the details are set out in the privacy policy.

Where performing the service leads OLHYN to access, host or handle personal information for which the client is responsible, in particular information about its own customers, employees or users, OLHYN acts as processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR). Where the client is bound by the Privacy Act 1988 (Cth), entrusting that information to OLHYN, established in France, may be a cross-border disclosure under Australian Privacy Principle 8, and the client remains responsible for the steps that Act requires. The following provisions then govern that processing.

10.2 Subject matter, duration and instructions

The sole purpose of the processing is to perform the service described in the quote. It lasts as long as the service. OLHYN processes the information only on the client's documented instructions, uses it for no other purpose and makes no use of it for itself.

10.3 Confidentiality and security

OLHYN undertakes to maintain confidentiality and applies measures appropriate to the risk: restricted and authenticated access, encryption in transit, hosting on infrastructure located in the European Union, no public exposure of storage areas, and limited retention periods.

10.4 File transfers

Large files sent as part of a service are delivered through a secure exchange method, without public exposure and for a limited period. The client is responsible for downloading and keeping them.

10.5 Sub-processors

The client authorises OLHYN to use Cloudflare, Inc. for hosting and delivery, with storage in Europe. OLHYN informs the client of any intended change of sub-processor, and the client may object on legitimate grounds.

10.6 Assistance, incidents and end of the assignment

OLHYN helps the client, within its means, to respond to requests from the people concerned and to meet its security obligations. Any breach involving personal information that OLHYN becomes aware of is reported to the client without undue delay, so that the client can assess it and meet its own notification obligations. At the end of the service, the information is deleted unless there is a legal obligation to keep it or a written request to the contrary from the client.

The client warrants that it has the legal basis required for the information it entrusts and that it informs the people concerned. Special conditions may supplement this clause for a given service.