Terms and conditions

1 Scope

These terms apply to all services of Dataplex OÜ, Narva mnt 5, 10117 Tallinn, Estonia (“we”), offered under the name Kilnwork Studio — in particular websites on a subscription, including design, hosting, care and changes — to businesses, legal entities under public law and special funds under public law (“customer”).

Our offer is not aimed at consumers. Any deviating terms of the customer do not become part of the contract, even if we do not expressly object to them.

2 Services

We design, build, host and look after a website for the customer. The scope of each plan (Care, Growth, Studio) and of optional add-ons follows from the description on the pricing page at the time the contract is concluded.

We use AI tools for groundwork such as structure, first drafts and code scaffolding. Design decisions, final copy and every release are made or checked by our specialists.

3 Conclusion of contract

(1) No binding offer. The presentation of plans and prices on the website is not a binding offer.

(2) Makeover and teardown. A makeover or teardown request is free of charge and does not oblige the customer to book anything. Design proposals in the customer area are drafts; there is no entitlement to a particular design.

(3) Online checkout. The customer chooses a plan, the billing period (monthly or annual) and, optionally, add-ons, enters the billing country and, for EU businesses, a VAT ID (checked via VIES), sees the amount due today including VAT, and then sees the payment form of our payment provider Stripe on our website. There the customer enters the billing address and a payment method, and can check and correct all entries before submitting. By submitting the order with the final button, the customer makes a binding offer. The contract is concluded when the payment has been completed successfully; we then activate the subscription and send the customer a sign-in link to the customer area.

(4) Individual agreements. For services that cannot be booked online, a contract is concluded by separate agreement in text form.

4 Customer cooperation

The customer provides the content, information and access we need (for example texts, images, logo, details for the imprint and privacy policy of their own website, domain access) in good time and ensures that they are entitled to use this material. Delays caused by missing cooperation do not count against us. The customer is responsible for the legal content of their own website, in particular their own imprint and privacy policy.

5 Initial project and acceptance

(1) Delivery. When the website is ready, we deliver it for review in the customer area and inform the customer by email.

(2) Correction rounds. Up to the acceptance, two correction rounds are included. In each round the customer lists all corrections at once; we then deliver again.

(3) Acceptance. The customer accepts the website in the customer area. If the customer neither accepts nor requests a correction within 14 days of delivery, the website counts as accepted; we send a reminder after 7 days. An open correction round pauses this period, and a new delivery starts it again.

(4) After the acceptance, every further change is a change request under section 5a.

5a Changes during the subscription

(1) Sizing. Change requests are submitted in the customer area and sized as S, M, L or XL before we start.

(2) Monthly change points. Each plan includes change points per calendar month (UTC): Care 2, Growth 4, Studio 8 — twice as many with annual billing. An S change uses 1 point, an M change 2 points. Unused points expire at the end of the month and are not refunded.

(3) Extra S and M changes. If the points of the month do not cover an S or M change, the customer can book it at the price shown in the customer area at that time (currently EUR 39 for S and EUR 99 for M, net). The booking requires the customer’s express confirmation for each change; the amount is then charged immediately to the payment method saved with the subscription, and we issue a separate invoice. Alternatively, the customer can wait until the points renew.

(4) L and XL changes are carried out only after the customer has accepted a fixed quote for them; nothing is billed before that acceptance.

(5) Queue. We work on one change per customer at a time (with a Studio plan: two); further changes wait in the order in which they were queued. The customer sees the position in the customer area. A change that has not been started and not been paid for can be withdrawn; its points become available again.

(6) We may decline a change request with a reason, in particular if it is not technically feasible or unlawful.

6 Prices and payment

(1) Prices are shown on the pricing page and in the checkout and are net, plus the applicable VAT. For customers with a valid VAT ID from another EU member state, the reverse charge mechanism applies. The currency follows from the customer’s country as shown in the checkout.

(2) The setup fee is charged once with the first invoice. The subscription is billed in advance for the chosen billing period; annual billing is cheaper than monthly billing as shown on the pricing page. One-time add-ons are charged with the next invoice, monthly add-ons follow the billing period of the subscription.

(2a) The payment method entered in the checkout is saved for the subscription. It is also used for extra changes under section 5a (3) — but only after the customer has confirmed the respective booking.

(3) The price stated at the time of the order applies. We may change our price list for future orders; changes to the price list do not affect existing subscriptions.

7 Term, pausing and cancellation

(1) The subscription runs for the chosen billing period and renews automatically for the same period unless it is cancelled. The Growth and Studio plans have a minimum term of 12 months from the start of the subscription; months in which the subscription is paused extend the minimum term accordingly.

(2) The customer can cancel at any time in the customer area. The cancellation takes effect at the end of the current billing period, but not before the end of the minimum term under (1); no separate notice period applies. Until then the subscription is billed as agreed. Amounts already paid for the current period are not refunded. The customer can withdraw a cancellation until it takes effect.

(3) Instead of cancelling, the customer can pause the subscription in the customer area for one to six months at a time and resume it earlier at any time; afterwards it continues automatically. No invoices are issued while the subscription is paused.

(3a) After the subscription has ended, the customer can reactivate it in the customer area for the same plan and project at the then current price, without a new setup fee; we then put the website online again.

(4) The right to terminate for good cause remains unaffected.

8 Rights to domain, content and website

(1) Domains registered in the customer’s name and the content provided by the customer remain the customer’s property.

(2) For the duration of the subscription, the customer receives a simple, non-transferable right to use the website designed and built by us, its code and — with the Growth and Studio plans — the logo designed or reworked by us, for their own business purposes. The right of use ends with the subscription. We hand over logo source files (for example vector files) and an export of the code only on the basis of a separate buyout agreement; this also applies after the minimum term. Any other transfer of rights requires a separate agreement in text form.

9 Availability

We aim for high availability of the websites we host. Planned maintenance is carried out outside usual business hours where possible. Interruptions due to force majeure or disruptions at upstream providers are not our responsibility.

10 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body and health and under mandatory product liability law. In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for the contract, and at most to the fees paid in the relevant contract year. Otherwise, liability is excluded.

11 Data protection

We process personal data in accordance with our privacy policy. Where we process personal data on behalf of the customer (for example contact form entries on the customer’s website), we conclude a data processing agreement on request.

12 Changes to these terms

We may change these terms if this is necessary to adapt to a change in the law or to a further development of our services and the customer is not unreasonably disadvantaged as a result. Changes are announced in text form at least six weeks before they take effect. If the customer does not object within six weeks, they are deemed accepted; we point out this consequence in the announcement.

13 Final provisions

Estonian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Tallinn, Estonia. Should a provision be invalid, the rest of the contract remains valid.