1. Scope
These terms govern the IT infrastructure, cybersecurity and advisory services provided by Taner OKUR, a sole proprietor under French law (entrepreneur individuel) trading as OLHYN, to business customers established in the United States. Outside France, OLHYN works only with customers acting for the purposes of their business: we do not contract with consumers.
Services are delivered remotely. Where a project requires work on site, the visit and its travel costs are set out in the quote. OLHYN does not provide ongoing services: day-to-day administration or monitoring of an IT estate, on-call cover and guaranteed recovery times are excluded.
The accepted quote, its appendices and any specific conditions take precedence over these terms.
2. Quote and order
Each service is defined by a detailed quote setting out the scope, deliverables, price, milestones, estimated lead times and prerequisites. The order becomes binding when we receive the signed quote, or its written acceptance, together with the deposit it provides for. Any request outside the scope is priced, or covered by an amendment, before work starts.
3. Prices and payment
Prices are stated in euros and invoiced in euros. VAT not applicable (article 293 B of the French General Tax Code). As your business is established outside the EU, the tax arrangements that apply to your invoice are set out in the quote.
Unless agreed otherwise, a 30% deposit is due on order. The balance is invoiced at the milestones set out in the quote; failing that, 40% is due when the intermediate milestone is approved and 30% before go-live or final delivery. Invoices are payable on receipt, by bank transfer. Bank and currency conversion charges incurred on the customer’s side are borne by the customer.
Late payment makes due, without prior reminder, interest at the European Central Bank refinancing rate plus 10 percentage points, and a fixed recovery fee of €40, without prejudice to further compensation on evidence.
4. In-depth study session
The one-hour in-depth study session is invoiced 80 euros (VAT not applicable) and paid when booked on the contact page. If a quote that follows directly from this session is accepted within two months, that 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, licenses, subscriptions or third-party costs. The 30-minute discovery call is free.
5. Performance and customer cooperation
The customer provides, in good time, the access, information, approvals, licenses, backups and contacts needed. The customer 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.
6. Acceptance, delivery and third parties
Deliverables are presented at the milestones set out in the quote. The customer reports documented non-conformities within the period stated in the quote; adjustments within the scope are handled within the agreed limits. Third-party services, licenses, hosting providers, publishers, platforms and APIs remain subject to their own terms. OLHYN does not guarantee their availability, their changes or the continuity of their services.
7. Intellectual property and confidentiality
7.1. What belongs to the customer. The customer’s data, content, accounts, credentials, domain names, licenses and equipment, as well as its information system and the information it contains, remain its full property. OLHYN claims no rights over them and keeps no copy beyond what the service requires.
7.2. Deliverables. Rights in deliverables created specifically for the customer (audit reports, documentation, scripts, configurations) are assigned or licensed on the terms set out in the quote, for the customer’s own purposes.
7.3. 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 licenses, which the customer undertakes to respect; their cost, if any, is borne by the customer.
7.4. No rights until paid. No right is assigned or licensed until the price has been paid in full.
7.5. Commercial reference. Unless the customer objects in writing, OLHYN may name the customer as a reference in its presentation materials, without ever disclosing information about its information system or audit findings.
7.6. Confidentiality. Each party keeps confidential the non-public information received in the course of the service, for its whole duration and two years after it ends. Information about the security of the customer’s information system, in particular access, configurations and audit findings, remains confidential without time limit.
8. Liability
OLHYN is bound by a best-efforts obligation (obligation de moyens) and gives no guarantee of result or of compliance. Except in case of gross negligence, wilful misconduct or mandatory provision to the contrary, its liability is limited to proven direct damage and to the amount actually paid for the service that caused the damage. Indirect losses, operating losses, loss of data, loss of profit, damage to reputation and consequences involving a third party are excluded. The customer remains responsible for its backups and their verification, its business decisions, its data, its access and its production environment.
9. Suspension, termination and disputes
OLHYN may suspend performance in the event of an unpaid invoice, missing prerequisites or a security risk. Any termination must be notified in writing. Work carried out, commitments to third parties and milestones reached remain payable. The parties first seek an amicable solution before any dispute. French law applies, without prejudice to the mandatory provisions of US federal or state law applicable to the customer.
10. Business customers only
Outside France, OLHYN works only with professional customers. By accepting a quote, the customer confirms that it is acting for the purposes of its trade, business or profession.
11. Personal data and processing on the customer’s behalf
11.1. Each party for its own part. For the data the customer provides to manage the business relationship (contact details, correspondence, invoicing), OLHYN acts as controller; the details are set out in the privacy policy.
Where performing the service leads OLHYN to access, host or handle personal data for which the customer is responsible, in particular data about its own customers, staff or users, OLHYN acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR). The following provisions then govern that processing.
11.2. Purpose, duration and instructions. The sole purpose of the processing is to perform the service described in the quote, for the duration of that service. OLHYN processes the data only on the customer’s documented instructions, uses it for no other purpose and makes no use of it for itself.
11.3. 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 areas, and limited retention periods.
11.4. File transfers. Large files handed over during a service are delivered through a secure exchange method, without public exposure and for a limited time. The customer is responsible for downloading and keeping them.
11.5. Sub-processors. The customer authorizes OLHYN to use Cloudflare, Inc. for hosting and delivery, with storage in Europe. OLHYN informs the customer of any intended change of sub-processor, and the customer may object on legitimate grounds.
11.6. Assistance, incidents and end of the engagement. OLHYN helps the customer, within its means, to respond to requests from data subjects and to meet its security obligations. Any personal data breach OLHYN becomes aware of is reported to the customer without undue delay. At the end of the service, the data is deleted, unless the law requires it to be kept or the customer asks otherwise in writing.
The customer warrants that it has a legal basis for the data it entrusts to OLHYN and that it informs the data subjects. Specific conditions may supplement this article for a given service.