Terms of service

These terms govern the IT infrastructure, cybersecurity and advisory services provided by Taner OKUR, individual entrepreneur (entrepreneur individuel) established in France and trading as OLHYN, to clients established in Canada.

Outside France, OLHYN works only with business clients, acting for the purposes of their business. The accepted quote, its appendices and any special conditions take precedence over these terms.

OLHYN's entire catalogue is available outside France. Services are delivered remotely from France; an on-site visit in Canada remains possible, on quotation, on the same terms as in France, with the corresponding costs set out in the quote.

Not offered: day-to-day administration or monitoring of your systems, on-call duty and any commitment to a recovery time. No service amounts to a guarantee of result or to a certificate of compliance with any law or standard.

Each service is defined by a detailed quote setting out the scope, deliverables, price, milestones, estimated lead times and prerequisites. The order becomes firm when we receive the quote signed or accepted in writing, together with payment of the deposit it specifies. Any request outside the scope is costed or covered by a prior written amendment.

Prices are stated and invoiced in euros. VAT not applicable (article 293 B of the French General Tax Code). Tax arrangements specific to Canada and to the client's status are set out on the quote. Bank and currency conversion charges incurred on the client's side are borne by the client.

Unless special conditions apply, a 30% deposit is due on order. The balance is invoiced by the milestones set in the quote; failing that, 40% is due on approval of the intermediate milestone and 30% before go-live or final delivery. Invoices are payable on receipt, by bank transfer.

Any late payment makes the following due without prior reminder: penalties at the European Central Bank refinancing rate plus 10 percentage points, and a fixed recovery charge of 40 euros, without prejudice to further compensation on proof.

The one-hour in-depth review meeting is invoiced 80 euros (VAT not applicable) and paid when booked on the contact page. If a quote that follows directly from it is accepted within two months, this amount is deducted from the price of the service as a commercial credit shown 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 30-minute discovery call is free.

The client provides in good time the access, information, approvals, licences, backups and contacts needed, including the secure remote access the service requires. The client remains responsible for the accuracy and lawfulness of its data and instructions. Lead times are estimates and depend in particular on this cooperation; any delay or missing approval may shift the schedule. Remote sessions take place at times agreed with the client.

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

8.1. What belongs to the client

The client's data, content, accounts, credentials, domain names, licences and equipment, as well as its information system and the information it holds, remain entirely its property. OLHYN claims no rights over them and keeps no copy beyond what the service requires.

8.2. Deliverables

Rights to deliverables created specifically for the client (audit reports, documentation, scripts, configurations) are assigned or licensed on the terms set out in the quote, for the client's own needs.

8.3. Pre-existing elements and third-party components

OLHYN's pre-existing methods, know-how, tools, generic scripts, reusable components and templates remain its property and are not assigned. Third-party software and services used or installed remain subject to their own licences, which the client undertakes to respect; their cost, if any, is borne by the client.

8.4. No rights without payment

No rights are assigned or licensed until the price has been paid in full.

8.5. Reference

Unless the client objects in writing, OLHYN may name it as a reference in its presentation materials, without ever disclosing information about its information system or audit findings.

8.6. Confidentiality

Each party keeps confidential the non-public information received during the service, for its whole duration and two years after it ends. Information about the security of the client's information system, including access, configurations and audit findings, remains confidential without time limit.

OLHYN is bound by an obligation of means (best efforts). Except in case of gross negligence, wilful misconduct or a mandatory rule to the contrary, its liability is limited to proven direct damage and to the amount actually paid for the service that caused it. Indirect losses, operating losses, data loss, loss of profit, damage to reputation and consequences involving a third party are excluded. The client remains responsible for its backups and for checking them, for its business decisions, its data, its access, its production environment and its own regulatory obligations.

OLHYN may suspend work if an invoice is unpaid, prerequisites are missing or there is a security risk. Any termination must be notified in writing. Work performed, commitments made to third parties and milestones reached remain payable. The parties first seek an amicable solution to any dispute. French law applies, without prejudice to the mandatory provisions of Canadian or provincial law applicable to the client.

Outside France, OLHYN does not contract with consumers. By accepting a quote, the client confirms that it acts for the purposes of its business; the identifiers of its business needed for invoicing appear on the quote.

12.1. Each party for its own processing

For the information the client sends OLHYN to manage the business relationship (contact details, exchanges, invoicing), OLHYN acts as controller; details are in our privacy policy.

When the service leads OLHYN to access, host or handle personal information for which the client is responsible, in particular that of its own customers, employees or users, OLHYN acts as a processor within the meaning of article 28 of Regulation (EU) 2016/679 (GDPR), and as a service provider to which the client entrusts that information under Canadian and provincial privacy laws. The client remains accountable for it. The following provisions then apply.

12.2. Purpose, duration and instructions

The processing serves only 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.

12.3. Confidentiality and security

OLHYN is bound by confidentiality and applies measures suited to the risk: restricted and authenticated access, encryption in transit, hosting on infrastructure located in the European Union, no public exposure of storage spaces, and limited retention periods.

12.4. File transfers

Large files exchanged during a service are delivered through a secure exchange method, without public exposure and for a limited time. It is up to the client to download and keep them.

12.5. Sub-processors

The client authorizes 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.

12.6. Assistance, incidents and end of the engagement

OLHYN helps the client, as far as it reasonably can, to respond to requests from individuals exercising their rights and to meet its security obligations. Any breach or incident affecting that information that OLHYN becomes aware of is reported without delay to the client, and to its person in charge of the protection of personal information, so that the client can assess it and, where required, notify the Office of the Privacy Commissioner of Canada or the Commission d'accès à l'information du Québec. At the end of the service, the information is deleted, unless the law requires it to be kept or the client asks otherwise in writing.

The client warrants that it has a lawful basis, or the required consent, for the information it entrusts to OLHYN and that it has informed the individuals concerned. Special conditions may supplement this article for a given service.

12.7. Clients established in Quebec

The information entrusted to OLHYN is held outside Quebec. Where the client is subject to the Act respecting the protection of personal information in the private sector, the privacy impact assessment and the written agreement required to communicate personal information outside Quebec are the client's responsibility; OLHYN provides the information it needs about its security measures, and that agreement may take the form of special conditions.

These terms and the quote are first provided in French; the client may expressly ask to be bound by their English version. The French version is on the page conditions générales de prestation.