These Terms of Service (hereinafter referred to as the "Terms") apply to all services provided and/or rendered by Wild Frog OÜ (registration code 11908688), Kangru-Jõe, Madise village, Lääne-Harju parish, 76716 Harjumaa (hereinafter referred to as "We" or "presta.ee") to its clients unless expressly and explicitly stated otherwise in our offer or agreement.
“You” refers to the legal entity (including a natural person acting on its behalf) or natural person who has agreed to these Terms. By agreeing to these Terms, you confirm that you are at least 18 years old, legally capable under the laws of the Republic of Estonia, and have carefully read these Terms.
If you agree to these Terms on behalf of a legal entity, you additionally confirm that the legal entity you represent is duly registered, fully legally capable, not under liquidation, not subject to bankruptcy or restructuring proceedings, and does not meet the criteria for initiating bankruptcy proceedings. Furthermore, you confirm that you have the legal authority to represent said legal entity in concluding this agreement and to assume binding obligations on its behalf. Upon our request, you must be able to prove your authority of representation.
Upon your acceptance, these Terms become a binding agreement (hereinafter referred to as the "Agreement") between you and us.
Services
Presta.ee provides software development, maintenance, licensing, consulting, and customer support services (hereinafter referred to as the "Service" or "Services").
Using the Service through the website is only available to registered users. To create a user account, you must provide your real name, email address, and a unique and secure password on the website.
Our services are provided in Estonian or English. All times referred to in the Terms are based on the Tallinn EET time zone.
Fees
You are obliged to pay us in advance for using our Services as per the electronic invoice issued by us, unless explicitly stated otherwise in our offer.
Advance payments are non-refundable; however, you can always use the Service you paid for in advance up to the prepaid amount.
You agree to pay for all Services rendered by us based on the time spent providing the Service at the hourly rates specified in these Terms, regardless of the results of the Service provided, unless different payment terms are explicitly stated in the description of the Service or our offer.
The hourly rate during working hours (Monday to Friday, 9:00 AM - 5:00 PM) is €59. The hourly rate is multiplied by a coefficient of 1.5 during weekdays from 5:00 PM to 10:00 PM and by 2.0 during weekdays from 10:00 PM to 9:00 AM, weekends, and public holidays.
All prices listed in these Terms and on our website are subject to VAT as per applicable law.
If you have unpaid invoices past their due date, we have the right to suspend the provision of Services or restrict your access to the Services until all invoices are paid.
Liability
Our Services, including software, are provided on an "as-is" and "as-available" basis without any express or implied warranties. To the extent permitted by applicable law, we disclaim all liabilities and warranties.
We do not guarantee or warrant that the Services and software provided will be compatible with any hardware or software you use, always available, available at specific times, uninterrupted, secure, free of errors, meet your specific needs or desires, or be free of viruses, disruptions, hacking, or other security breaches.
We are not liable for any Service failures or interruptions but will do our best to respond promptly and resolve issues as soon as possible.
You agree to indemnify us for all costs, damages, claims, and expenses (including legal fees) resulting directly or indirectly from your violation of these Terms or any applicable law.
We reserve the right to develop and enhance our Services and software at our discretion. Changes and additions are made based on our best judgment as a software developer.
Validity and Termination of the Agreement
The Agreement between us and you, formed upon acceptance of these Terms, is valid indefinitely.
Both parties may terminate the Agreement at the end of the current billing period (the period for which you have prepaid) by providing at least 14 days' written notice before the end of the billing period.
We have the right to terminate the Agreement with immediate effect if you have materially breached these Terms and have not rectified the breach within 7 days of receiving a notice from us.
Use of Content on the Presta.ee Website
The Presta.ee website and its content are protected by copyright.
All materials (photos, videos, texts, product descriptions, articles, etc.) on the Presta.ee website are either owned by Presta.ee or used under license. Any use of these materials (reproduction, modification, public presentation, distribution, etc.) without written permission from Presta.ee is prohibited. Published materials may be shared on social media if the share includes a link to the presta.ee website. Materials may be quoted without prior permission only up to the headline and three sentences, provided a reference to the relevant page on the presta.ee website is included.
For questions regarding copyrights, please contact presta@presta.ee.
In case of copyright infringement, you agree to pay us a contractual penalty of €2000 per infringement and compensate for any additional damages not covered by the penalty.
Final Provisions
We reserve the right to modify or supplement these Terms at any time, notifying you at least thirty (30) days in advance. If you do not agree to the new Terms, you have the right to terminate the Agreement immediately.
The Agreement between you and us is governed by the laws of the Republic of Estonia.
Disputes arising from the Agreement will be resolved through negotiations. If no agreement is reached, the dispute will be settled in Harju County Court.
These Terms are published in both Estonian and English. In case of any discrepancies between the two, the Estonian version shall prevail.
Last modified on January 12, 2025.