Terms of Service

1. Introduction and Purpose of the Service

These Terms of Service (hereinafter "Terms") govern your use of the services provided by Victuria OÜ (hereinafter "we", "us" or "our"), with registered office at Sepapaja 6, 15551, Tallinn, Estonia. For more information about our legal entity and our responsibilities, please see our Legal Notice

Victuria offers web design, maintenance and hosting services. These services are designed to provide complete online presence solutions, tailored to each client's specific needs. Services include, but are not limited to:

1.1 Description of the Services

Web Design: Development of custom websites using modern technologies and responsive design practices to ensure the best user experience across all devices.
Web Changes: Includes changes and updates to the content and design of the website, limited to a reasonable amount to maintain the functionality and performance of the site.
Maintenance: Ongoing maintenance services including plugin, theme, and WordPress platform updates, as well as security monitoring and data backup.
Web Hosting: Provision of space on our servers to host the client's website, ensuring optimal performance and availability.
Technical Support: Technical assistance via email or chat to resolve issues related to the operation of the website.

1.2 Service Exclusions

Extensive Custom Development: Custom developments that require advanced programming or creation of functionalities outside of the standard plugins are not included.
Client Content: The Client is responsible for providing all necessary content for the website, including text, images, and other multimedia materials.
Limitations on Web Changes: In the event that the number of changes requested is disproportionate and exceeds three (3) hours of work per month, the company reserves the right to impose an additional fee for the services provided.

1.3 Additional Information

Responsible for the Service: Victuria OÜ is the company responsible for data processing and the provision of the aforementioned services. You can contact it at [email protected]

2. Duration and Renewal

2.1 Duration of Service

No Contract: Web design, maintenance and hosting services are offered without any mandatory contract. The client has the flexibility to use the services as long as they wish.

2.2 Service Renewal

Automatic Renewal: Services will automatically renew each month unless the customer notifies us of cancellation of service.
Cancellation Notice: To cancel the service, the client must send a notification by email to [email protected] at least 1 month prior to the renewal date.

2.3 Cancellation of Service

Cancellation Process: Customer may cancel the service at any time by sending an email to [email protected]. Cancellation will be effective at the end of the current billing period.
Refunds: Refunds will not be provided for payments already made at the time of cancellation, unless it is within the 30-day money back guarantee period.

2.4 Notice of Changes in Service

Notification of Changes: In the event of changes to the terms of service or rates, we will notify the customer at least 3 months in advance.

2.5 Increase in Hosting Resources

If the client's website experiences significant growth in the number of visitors that exceeds the resources included in the contracted hosting plan, Victuria must increase the hosting resources to ensure the performance and availability of the website. This increase in resources will entail an additional cost that will be communicated to the client in advance. The client must approve and assume these additional costs to maintain adequate service.

3. Prices and Payment Conditions

3.1 Publication of Prices

Web Plan Prices: The prices for each web plan are published on their respective websites:

https://victuria.com/diseno-paginas-web/
https://victuria.com/diseno-web-mudanzas/
https://victuria.com/diseno-web-abogados/
https://victuria.com/motor-reservas-hoteles/
https://victuria.com/diseno-de-paginas-web-para-hoteles/
https://victuria.com/diseno-tienda-online/
https://victuria.com/diseno-web-agencia-de-viajes/
https://victuria.com/diseno-web-imprenta-online/

3.2 Price Variation

Notification of Price Changes: If the price of your web plan changes upwards or downwards, the customer will be notified at least 3 months in advance. Application of New Rates: The new rates will be applied in the next billing period after notification.

3.3 Payment Methods

Accepted Payment Methods: Credit card, debit card, and wire transfer are accepted for payment. Other payment methods may be considered upon prior arrangement. Billing Cycle: Payments are made on a monthly basis unless otherwise agreed upon at the time of subscription. Automatic Billing: Customer authorizes automatic billing of the fees corresponding to their plan, which will be charged to the payment method provided.

3.4 Consequences of Default

Grace Period: In case of non-payment on the due date, a grace period of 10 days will be given. Suspension of Service: If non-payment persists after the grace period, the website will go into a “pause” state and display a message similar to “the website is not accessible at this time” until the corresponding payment is made. SEO Drop: We are not responsible for any possible drop in the website’s SEO during the suspension period due to non-payment.

4. Client Obligations

4.1 Provision of Information and Content

Instructions and Materials: The Client agrees to provide us with clear instructions and the content required to build their website, including text, images, videos and any other multimedia material required. Delivery Times: The Client must provide all content within the agreed timeframes to ensure timely development and launch of the website.

4.2 Access to Accounts

Required Access: The client must provide access to the necessary accounts, such as external hosting (if applicable), domains, email accounts and any other platform relevant to the implementation of the service. Access Security: The client is responsible for maintaining the security of its access credentials and for immediately notifying any unauthorized use or security breach.

4.3 Ongoing Collaboration

Review and Approval: The Client must review and approve the work at each stage of development as agreed, providing timely feedback to facilitate the continued progress of the project. Responsibility for Content: The Client is responsible for the legality and accuracy of all content provided. We are not responsible for content that infringes copyright, trademark, or other applicable laws.

5. Confidentiality and Data Protection

5.1 Protection of Personal Data

Legal Compliance: We are committed to complying with all applicable data protection laws in Estonia, including the General Data Protection Regulation (GDPR).
Use of Personal Data: The client's personal data will be used only for the purposes of the contracted service and will not be shared with third parties without the client's consent.

5.2 Security Measures

Data Security: We implement appropriate technical and organizational security measures to protect personal data against unauthorized access, loss, alteration or destruction. Restricted Access: Only authorized personnel have access to personal data and are required to maintain the confidentiality of this data.

5.3 Confidentiality

Confidentiality Pledge: We are committed to maintaining the confidentiality of all client information, except where disclosure is required by law or with the client's prior consent. Exceptions: Confidentiality does not apply to information that is already public, has been independently developed, or has been legitimately received from a third party without restriction.

5.4 Customer Rights

Data Access and Correction: The client has the right to access, correct or delete his/her personal data at any time. To exercise these rights, the client can contact us at [email protected]
Withdrawal of Consent: The client may withdraw his/her consent to the use of his/her personal data at any time. This withdrawal will not affect the legality of the use of data prior to the withdrawal.

6. Limitations and Exclusions of Liability

6.1 General Limitations

Service Interruptions: We will not be liable for service interruptions caused by events beyond our control, including natural disasters, acts of war, civil unrest, fire, flood, pandemic, earthquake, power outages, or other force majeure events. Scheduled Maintenance: Interruptions due to previously announced scheduled maintenance will not be subject to liability.

6.2 Data Loss

Customer Responsibility: We are not responsible for data loss caused by customer actions, such as accidental deletion, malware introduced by the customer, or misuse of the system. Technical Limitations: Although we implement security measures to protect data, we do not guarantee complete data recovery in the event of serious technical failures.

6.3 Indirect Damages

Consequential Damages: We will not be liable for indirect, incidental, special, exemplary or punitive damages, including loss of profits, revenue, data, use of data, or costs of procurement of substitute goods or services.

6.4 Accuracy of Information

Customer Provided Content: We are not responsible for the accuracy or legality of customer provided content. Service Errors: We strive to provide accurate and reliable services, but we do not guarantee the accuracy of all content or services, and we will not be liable for any errors or omissions.

6.5 Unauthorized Use

Unauthorized Access: We are not responsible for any damages or losses resulting from unauthorized access to customer accounts due to the customer's negligence in protecting their access credentials.

6.6 Maximum Liability

Limitation of Liability: Our total liability for any claim related to the service is limited to the amount the customer has paid for the service during the 12 months preceding the event giving rise to the claim.

7. Cases of Force Majeure

7.1 Definition of Force Majeure

Force Majeure Events: Force majeure events include, but are not limited to, natural disasters, acts of terrorism, war, civil unrest, strikes, power failures, and any other circumstances beyond our reasonable control that prevent or delay the provision of our services.

7.2 Disclaimer

Force Majeure Exemption: We will not be liable for any failure or delay in performance of our contractual obligations where such failure or delay is due to a force majeure event.

7.3 Notification to the Client

Communication of Events: In the event of a force majeure event, we will notify the client as soon as possible about the nature of the event and its impact on the provision of our services.

7.4 Resumption of Service

Post Force Majeure Resumption: We undertake to resume the provision of the services as soon as reasonably possible once the force majeure event has ceased.

8. Termination of the Contract

8.1 Customer's Right to Cancel

Cancellation by the Client: The client may cancel the service at any time by sending a notification by email to [email protected] at least 1 month in advance of the renewal date.
Effectiveness of Cancellation: Cancellation will be effective at the end of the current billing period. No refunds will be provided for payments already made at the time of cancellation.

8.2 Supplier's Right of Cancellation

Customer Default: We reserve the right to cancel service in the event of customer failure to meet contractual obligations, including repeated nonpayment or significant violations of the Terms of Service. Cancellation Notification: In the event of cancellation for default, we will notify the customer via email with a detailed explanation of the reason for cancellation.

9. Modifications to the Contract

9.1 Right to Modify

Terms and Conditions Updates: We reserve the right to modify these terms and conditions at any time. Modifications will be effective upon posting on our website.
Notification of Changes: We will notify customers of any material changes to the terms and conditions at least 30 days in advance, via email and/or a notice on our website.

9.2 Acceptance of Modifications

Implied Acceptance: Continued use of the Services after any modification to the Terms and Conditions constitutes the Customer's acceptance of the new terms.
Rejection of Modifications: If the client does not agree with the modifications, he/she has the right to cancel the service in accordance with the procedures established in the Termination of the Contract section.

10. Conflict Resolution

10.1 Friendly Resolution

Direct Negotiation: In the event of any conflict, both parties agree to try to resolve the problem in a friendly and negotiated manner before resorting to other forms of conflict resolution.
Initial Contact: The customer must contact our customer service through [email protected] to try to resolve any problem or dispute.

10.2 Mediation and Arbitration

Mediation: If an amicable resolution cannot be reached, both parties may agree to submit the dispute to mediation, a voluntary process in which an impartial third party helps the parties reach an agreement.
Arbitration: If mediation is unsuccessful, the parties may agree to submit the dispute to arbitration, where a neutral arbitrator makes a binding decision on the dispute. The arbitration will be conducted in accordance with the commercial arbitration rules applicable in Estonia.

10.3 Judicial Jurisdiction

Competent Courts: In the event that mediation or arbitration are not viable options or no resolution is reached, any dispute relating to these terms and conditions shall be subject to the jurisdiction of the competent courts in Estonia.
Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Estonia, without regard to principles of conflict of laws.

11. Jurisdiction and Applicable Law

11.1 Applicable Law

Legal Regulation: This agreement is governed by the laws of Estonia. All provisions contained in these terms and conditions shall be construed and enforced in accordance with applicable Estonian law.

11.2 Competent Jurisdiction

Estonian Courts: For any dispute that cannot be resolved amicably or through mediation or arbitration, the parties agree to submit to the exclusive jurisdiction of the courts of Estonia.
Place of Jurisdiction: Any legal proceedings will be conducted in the courts located in the city corresponding to Victuria's registered office, unless otherwise provided by applicable law.

12. Non-payment

12.1 Payment Terms

Due Date: All payments are due on the due date indicated on the applicable invoice.
Grace Period: In case of non-payment on the due date, a grace period of 10 days will be granted for the customer to make the outstanding payment.

12.2 Consequences of Default

Suspension of Service: If payment is not received within the 10-day grace period, the client's website will be placed in a "paused" state. During this period, the website will no longer be accessible and will display a message similar to "the website is not accessible at this time" until payment is made.
SEO Impact: We are not responsible for any possible SEO decline of the website during the suspension period due to non-payment.
Service Recovery: Once the outstanding payment is received, the service will resume and the website will be accessible again.

12.3 Additional Charges

Interest and Late Fees: We reserve the right to assess interest and/or late fees on any unpaid balance, subject to applicable law. Collection Costs: Customer shall be responsible for all collection costs, including attorneys' fees and court costs incurred to collect overdue amounts.

13. Buy the Web

13.1 Ownership of the Website

Ownership Condition: Web plans include website hosting and maintenance, but ownership of the website does not belong to the customer while under the subscription plan.

13.2 Purchase Option

Purchase Amount Calculation: If the client wishes to acquire ownership of the website, the purchase amount will be calculated as the total sum of 20 monthly installments at the rate in effect at the time of purchase.
Purchase Procedure: The customer must notify his intention to purchase the website in writing to [email protected]. An invoice will be generated with the total amount calculated, and the customer must make full payment of this invoice.

13.3 Transfer of Ownership

Hosting Transfer: Once full payment has been received, we will transfer the website to the hosting of the client's choice. The client will need to provide the details of the new hosting to facilitate the transfer.
End of Maintenance: Following the transfer, Victuria's maintenance of the website will end, and the client will be responsible for future maintenance and support of their website.

13.4 Post-Transfer Guarantees

Limitation of Warranties: Once ownership of the website has been transferred to the client, Victuria does not guarantee the functionality or continued performance of the website. Any technical issues arising after the transfer will be the responsibility of the client or its new service provider.

14. Transfer of the Web to the Client Server

14.1 Hosting on Our Servers

All web plans contracted with Victuria will be hosted on our servers. This guarantees optimal performance, continuous maintenance and regular updates that we offer as part of our services.

14.2 Transfer Process

In the event that the client wishes to transfer the website to its own server, it is necessary that the website be purchased by the client. This purchase includes the complete transfer of the ownership rights of the website to the client.

14.3 Purchase Procedure

Purchase Amount Calculation: The purchase amount will be calculated as the total sum of 20 monthly installments at the rate in effect at the time of purchase.
Purchase Request: The client must notify his/her intention to purchase the website in writing to [email protected]. A proforma invoice with the total amount calculated will be sent to the client, and the client must make full payment of this invoice.

14.4 Completion of the Transfer

Hosting Transfer: Once full payment has been received, we will proceed to transfer the website to the client's server. The client will need to provide the new hosting details to facilitate the transfer.
Cessation of Maintenance: Following the transfer, Victuria will cease providing maintenance and technical support services for the transferred website. The client will be responsible for future maintenance and support of its website.

14.5 Limitations and Warranties

Limitation of Warranties: Once ownership of the website has been transferred to the client, Victuria is not responsible for the functionality or continued performance of the website. Any technical issues arising after the transfer will be the responsibility of the client or its new service provider.