Terms of service

1. Scope

These terms govern contracts under which Erik Hindr, sole trader, company ID (IČO) 23749199, registered at Husova 316, 508 01 Hořice, Czech Republic, registered in the Czech Trade Licensing Register (the “Provider”) develops custom software, web applications, websites, automations and related services for a client. They are written for business clients. A consumer additionally enjoys all rights granted by consumer protection law.

Anything agreed in the offer or a separate contract takes precedence over these terms.

2. How a contract is made

• We clarify what you need on a call or through the brief.
• I send you an offer with the scope, milestones, price per milestone and an estimated timeline. Unless stated otherwise, it is valid for 30 days.
• The contract is concluded when you accept the offer in writing — an e-mail is enough — or sign a contract.

3. Your cooperation

The project needs your input: documents, data, access to systems and feedback. Please reply to questions and review delivered work within 5 business days. If input arrives later, deadlines move accordingly.

4. Price and payment by milestones

• The price is set in the offer, broken down into milestones.
• Each milestone is invoiced once it is completed and handed over for review (see section 6).
• Invoices are payable within 14 days. If the Provider is a VAT payer, VAT is added to the price.
• If an invoice is more than 14 days overdue, I may pause work on the project until it is paid; deadlines move by the length of the pause. Statutory late-payment interest applies.

5. Changes to the scope

Requirements often evolve during a project. I estimate the price and timing of every change, and it is only carried out once you approve it in writing (by e-mail). Work outside the agreed scope is charged at the hourly rate stated in the offer.

6. Handover and acceptance

I hand over each milestone for you to try out. You have 10 business days to report defects, i.e. places where the result doesn’t match what we agreed. I fix reported defects and hand the milestone over again. If no defects are reported within this period, or you start using the result in live operation, the milestone counts as accepted. Minor defects that don’t prevent use don’t block acceptance; I fix them as part of the warranty.

7. Licence and source code

• Once the full price has been paid, you receive an exclusive licence to the delivered work, unlimited in time and territory, for all forms of use — including the right to modify it, have it developed further by anyone, and grant sublicences.
• Before full payment, you may use the work only to test and review it.
• Together with the final milestone I hand over the source code and the documentation needed to run the software.
• Open-source and third-party components remain under their own licences. General-purpose tools, libraries and know-how that are not specific to your project may continue to be used by the Provider in other work.
• I’ll only show your project as a reference with your consent.

8. Warranty (3 months)

For 3 months after the final handover, I fix free of charge any defect where the software doesn’t work as agreed. Please report defects by e-mail with a description of how to reproduce them; I will start working on them without undue delay.

The warranty doesn’t cover new features, problems caused by changes made by someone else, outages or changes of hosting and third-party services (APIs, payment gateways, e-mail providers), or use contrary to the documentation. Support and development after the warranty period can be agreed separately.

9. Liability

The Provider’s total liability for damage under a contract is limited to the total price paid under that contract. This limitation does not apply to damage caused intentionally or through gross negligence, or where the law does not allow it to be limited. Neither party is liable for delays caused by circumstances beyond its control.

10. Confidentiality

I keep confidential everything I learn about your business, data and systems during the cooperation, also after it ends. If you need a separate non-disclosure agreement, I’m happy to sign one.

11. Termination

Either party may terminate the contract by written notice. In that case, you pay for milestones already handed over and for work done on the milestone in progress, in proportion to its progress. The licence under section 7 applies to everything that has been paid for.

12. Final provisions

• Contracts are governed by Czech law, in particular the Civil Code (Act No. 89/2012 Coll.). Disputes between businesses are decided by the court with jurisdiction over the Provider’s registered address.
• These terms may be updated. A contract is always governed by the version in effect when it was concluded.
• Personal data is handled as described in the privacy policy. Questions about these terms: hindr.erik@gmail.com.