Terms of service

These General Terms and Conditions govern the provision of digital services by Mikson Digital OÜ (registry code 17585884, hereinafter MKSN).

1. Scope and Formation of Contract

These terms apply to commercial business-to-business (B2B) agreements between MKSN and the ordering entity (hereinafter the Client). Information presented on mksn.ee is informational and does not constitute a binding unilateral offer. A binding agreement is established once both parties execute a written proposal or contract, or upon settlement of the initial deposit invoice.

2. Fees, Invoicing, and Payment Terms

All prices are quoted in euros and exclude value-added tax (VAT) unless explicitly indicated. Applicable VAT is appended in accordance with statutory tax laws.

Project initiation requires settlement of an upfront 50% deposit, which secures reserved engineering capacity in our production schedule. The final balance is due prior to public deployment or source code handover. Invoices carry a strict payment term of 7 calendar days from issuance.

Overdue amounts accrue statutory late interest pursuant to the Estonian Law of Obligations Act (VÕS § 113) alongside the statutory EUR 40 debt recovery fee (VÕS § 113 prim 1). If an invoice remains unsettled beyond 7 calendar days past due, MKSN reserves the right to immediately suspend active development and restrict staging server access until all balances are settled in full.

3. Client Responsibilities, Project Inactivity, and Restart Terms

The Client must supply necessary content, access credentials, feedback, and milestone sign-offs within agreed production schedules. The Client warrants that all furnished materials comply with legal standards and do not infringe third-party intellectual property.

If a project stalls due to Client unresponsiveness, pending approvals, or missing assets for more than 30 consecutive calendar days, the project will be placed on administrative hold. The 50% deposit will be retained by MKSN as liquidated damages for committed capacity. Resuming a paused project is subject to schedule availability and requires a mandatory restart fee of 20% of the total project value (minimum EUR 400). If the Client fails to re-engage within 90 calendar days, the agreement terminates automatically with no refund entitlement.

4. Intellectual Property and Portfolio Rights

Proprietary economic rights to custom software and assets pass to the Client solely upon full settlement of all corresponding milestone invoices. Ownership does not apply to third-party platforms, open-source libraries, proprietary frameworks, licensed fonts, or stock media.

MKSN retains the irrevocable right to reference completed work, display public URLs, publish screenshots, and cite anonymized operational metrics across marketing channels, digital case studies, and sales materials, unless explicitly restricted by a prior written non-disclosure agreement (NDA).

5. Warranty and Limitation of Liability

MKSN provides a 30-day warranty on proprietary code developed in-house starting from public deployment, during which confirmed software bugs will be rectified at no additional charge.

This warranty and overall liability explicitly exclude issues arising from unauthorized codebase modifications by the Client or third parties, upstream API deprecations, third-party software conflicts, or events of force majeure (including severe cyberattacks, distributed denial-of-service events, or systemic upstream outages affecting Cloudflare or regional cloud providers).

MKSN provides services with professional care. MKSN is not liable for indirect damages, loss of business revenue, lost profits, or data interruptions. MKSN total aggregate liability under any claim is strictly capped at the net fees received from the Client under the applicable agreement during the preceding 12 months, except in instances of gross negligence or intentional misconduct.

6. Governing Law and Dispute Resolution

These terms and related agreements are governed by the laws of the Republic of Estonia. Any dispute arising from this agreement shall first be addressed through good-faith commercial negotiation. Failing amicable settlement, disputes shall be submitted to the exclusive jurisdiction of the Harju County Court in Tallinn, Estonia.

Formal notices and inquiries: info@mksn.ee.