Terms of Service
These Terms of Service ("Terms") govern your use of OptiMont websites and the services we provide, including web design, web development, hosting, SEO, branding, and digital marketing. By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Services
OptiMont provides professional services as described in individual proposals, statements of work, or invoices. Specific service-level commitments, deliverables, milestones and fees will be set out in the applicable agreement.
2. Eligibility
By using our services you confirm that you are at least 18 years old and have the legal capacity to enter into binding contracts.
3. Orders, Quotes & Acceptance
Quotes and proposals are valid for the period stated in the document. A binding contract is formed when the client accepts a quote/proposal and any required deposit or down payment is received by OptiMont.
4. Fees, Billing & Payment
- All fees are stated in EUR unless otherwise specified.
- Invoices are due according to the payment terms stated on the invoice (e.g., 14 or 30 days).
- Late payments may incur interest and may result in suspension of services.
- Hosting, domain registration and third-party service fees charged through OptiMont may be non-refundable once provisioned.
5. Client Responsibilities
Clients must provide timely access to required resources, materials, approvals, and information. Delays caused by the client may result in revised timelines and additional charges.
6. Acceptable Use Policy (AUP)
Clients must not use our services to:
- Host or transmit illegal content, incite violence, or infringe third-party rights.
- Distribute malware, spam, phishing or engage in other malicious activities.
- Violate export controls, sanctions or applicable laws.
We reserve the right to suspend or terminate any account that violates this AUP with or without notice.
7. Intellectual Property
All intellectual property rights in materials created by OptiMont remain the property of OptiMont until full payment is received. After full payment, ownership of deliverables will transfer to the client as specified in the applicable agreement, except for OptiMont's pre-existing tools, libraries, templates, and methodologies which remain our exclusive property.
8. Confidentiality
Both parties agree to keep confidential any non-public information disclosed during the engagement. Confidential information does not include information that is publicly available or independently developed.
9. Warranties & Disclaimers
OptiMont warrants that services will be performed with reasonable skill and care. Except as expressly provided, all other warranties, whether express or implied, are disclaimed to the maximum extent permitted by law.
10. Limitation of Liability
To the maximum extent permitted by law, OptiMont's aggregate liability for any claim arising out of or related to these Terms shall not exceed the amounts paid by the client to OptiMont for the services giving rise to the claim in the 12 months prior to the event. OptiMont will not be liable for indirect, incidental, consequential, special or punitive damages, including loss of profits, data, or business opportunity.
11. Service Availability & Maintenance
We strive to provide high service availability (e.g., target 99.9% uptime for hosting) but cannot guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when practicable.
12. Termination
Either party may terminate a service agreement in accordance with the termination provisions in the applicable contract. OptiMont may suspend or terminate services immediately for breaches of these Terms, non-payment, or illegal activity.
13. Data Processing & GDPR
When handling personal data on behalf of a client (e.g., hosting or marketing services), OptiMont acts as a data processor and will process data according to the client's instructions and applicable data protection laws including the GDPR. Data processing terms may be set out in a separate Data Processing Agreement (DPA).
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the United Kingdom. Any disputes should first be attempted to be resolved by good faith negotiation. If unresolved, disputes may be submitted to the courts of the United Kingdom unless otherwise agreed in writing.
15. Changes to Terms
We may modify these Terms from time to time. Updated versions will be posted on our site with an updated effective date.
Contact
OptiMont
460 Hyde Park Corner, London, SW1X 7TA, UK
Email: support@optimont.eu
Phone: +44 7423 428383