» Terms and Conditions

§ 1 VALIDITY

  1. ITCraftIntl OU (further as “IT Craft” for ITCraftIntl OU contracts & the site visitors related to ITCraftIntl OU)  performs services as “IT Craft” on the basis of these terms and conditions. Deviating or additional terms and conditions shall become contents of the contract if they are acknowledged expressly and in writing by “IT Craft”. Otherwise, it remains with the validity of the contract terms of “IT Craft”. They also apply to all future business relationships.
  2. “IT Craft” is entitled to amend or supplement the terms and conditions including all facilities, terms and conditions, and specifications with reasonable notice. If the customer does not object to the changed conditions within 2 weeks after receiving the notice of change, they will be effective according to the announcement. When the customer contradicts “IT Craft” is entitled to terminate the contract at the time at which the amended terms will appear in force.
  3. Only written agreements shall apply exclusively. Cancellations must be sent by registered post to the efficacy.

§ 2 CONTRACT

  1. The contract for the use of services by “IT Craft” comes off with the countersignature of a client application or through a separate contract with “IT Craft”.

§ 3 SCOPE

  1. “IT Craft” develops web pages or other applications for the client and target audience and sets them up on the domain of the client or installs them on individual computers, computer networks, or in the cloud infrastructure of the customer.
  2. Upon request, the customer’s own domain and e-mail addresses are configured on the server of the contracting party of “IT Craft”.
  3. Insofar “IT Craft” provides free services and efforts, these can be adjusted at any time and without notice. A reduction, refund, or compensation claim does not arise from this.

§ 4 TERMINATION

  1. For contracts with no minimum time, the contract for both parties with a period of 8 weeks to the end of the quarter is terminated. For contracts with minimum time, the contract does not terminate before the expiration of the minimum time. The cancellation must be received at least one month before the date on which it is to be effective. Otherwise, the contract applies for the period of the first minimum period as extended.
  2. The right to extraordinary termination remains unaffected.

§ 5 OBLIGATIONS OF THE CUSTOMER

  1. The customer has to enable “IT Craft” access to the website or to the computers on which installations will be made, as far as it is necessary and the installations are not made by the customers on their own.
  2. The customer has to report any changes in the person: change of name, change of identification, or change of corporate form.
  3. In case of violation of Section 2, “IT Craft” is entitled to immediately terminate, in other cases, after previous unsuccessful warning.

§ 6 PAYMENT

  1. Fees are due upon receipt of invoice and must be made in a timely manner according to point 2 of the current paragraph.
  2. Payment must be submitted no later than by day 7 after receipt of the invoice on the specified account.
  3. Non-compliance with payment terms has an immediate settlement of all claims of “IT Craft”’s result. “IT Craft” may, after a grace period to rescind the contract or demand compensation for non-performance. The same applies for non-redemption of bills of exchange or checks, payment, bankruptcy or seeking a settlement of the customer.

§ 7 PAYMENT ARREARS

  1. Subject to assert further claims for damages are payable for late payment interest at the rate of 3% above the rate of Bank of Estonia for ITCRaftIntl OU. They are higher or lower, if “IT Craft” is charged a higher interest rate or the customer can prove a lower charge.
  2. We reserve the right to assert further claims for payment in default.
  3. If the customer is for 30 days in arrears with the payment or is he with an amount of 30 days in arrears with charges, “IT Craft” is to immediately terminate the contract authorized.

§ 8 SET OFF AND LIEN

  1. Counterclaims to “IT Craft” by the customer can only offset undisputed or legally established claims.
  2. The customer can make a lien only for counterclaims from this contract.

§ 9 LIABILITY OF “IT CRAFT”

  1. “IT Craft” is liable for damages, on whatever legal grounds, only if they or their agents or vicarious agents have caused the damage deliberately or through gross negligence. All further claims are excluded. This also applies to damage caused during a repair.
  2. “IT Craft” is not liable for information transmitted, for neither their completeness, correctness or timeliness, nor that they are free of third party rights or that the sender is acting illegally.

§ 10 LIABILITY OF THE CUSTOMER

  1. The customer is liable for all consequences and disadvantages which “IT Craft” and third parties caused by the improper or illegal use of the services of “IT Craft” or the fact that the customer does not fulfill his other obligations.

§ 11 PRIVACY, CONFIDENTIALITY

  1. All people entrusted by “IT Craft” with the handling of the contract observe the data protection regulations. The customer is not entitled to provide certain information which is not for him or her or a third party or via third parties.
  2. Information submitted by “IT Craft” is considered confidential, unless otherwise is agreed in writing. Unless “IT Craft” provides his services operated by third parties, these are likely to consent of the customer data be disclosed to the participants.

§ 12 ADDITIONAL PROVISIONS FOR PROJECTS AND CREATION OF WEB PAGES

  1. All copyrights reserved. The right to use project results can be transferred to third parties only with the consent of “IT Craft”. Consent may be expressed or implied, already granted in the contract, in which the implementation of each project is agreed.
  2. Will the development of software due, the customer only receives the full and exclusive use and right of disposal for the entire result of the work carried out by “IT Craft”, if this is agreed. The transfer of source code will take place only if expressly agreed. 
  3. The right to use the software that was developed by “IT Craft” or delivered, includes the use and reproduction for internal use by the customer. The client cannot make it accessible to third parties, either in whole or in part. As third parties are not considered persons who are engaged on behalf of the customer’s right to use it, or 100%-owned subsidiaries.
  4. If agreed deviant to paragraph 3, that the license can be transferred to third parties for software, all copies must carry the original copyright notice and any other proprietary notices.
  5. If in connection with the respective contract (software development or implementation of other projects) claims of infringement of any patent or other exclusive right be exercised, the customer is required to immediately notify in writing “IT Craft”. The customer will undertake, without prior consent of “IT Craft”, no significant procedural actions. Furthermore, the customer will not leave “IT Craft” to conduct the defense against such claims, particularly the leadership process, including a comparison statement.
  6. If the use of the subject matter or any part thereof is prohibited by a court decision or if threatening in the opinion of “IT Craft” an action for infringement of proprietary rights, “IT Craft” has the right to choose between the following measures: 

– Modify the contract so that property rights are no more violated, 

– Give the client the right to use the subject matter further, 

– Replace the contract by a contract that does not violate property rights and the requirements of either the client or replaced with the corresponding contract is equivalent, 

– Rescind the contract and reimburse the client the fee paid, except a reasonable sum for the use and value loss.

  1. The foregoing obligation does not apply to such contract items for which the copyright infringement on a concept derived from the customer or it is based, that the contract was modified by the customer or operated with objects not provided by “IT Craft” in this contract.

§ 13 FINAL PROVISIONS

  1. Performance is Tallinn, Republic of Estonia for ITCraftIntl OU. The exclusive jurisdiction for any claim arising from or under this Treaty, including cheque and change complaints and all is between the parties resulting disputes over the formation, the settlement or termination of the contract – if the customer is a merchant, legal entity under public law or public special fund – the headquarters of ITCraftIntl OU.
  2. For ITCraftIntl OU, this agreement is governed exclusively by the laws of the Republic of Estonia.
  3. The obligation of contracts, concluded on the basis of these terms and conditions, including the legal successor of “IT Craft”’s customers are bound.
  4. If any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. Rather, instead of the invalid provision appropriate to the purpose of the agreement or at least coming close to agreement apply and which the parties have agreed to achieve the same economic result if they had known about the invalidity of the provision. The same applies to the incompleteness of the determination.