General Terms and Conditions of Whirlwind IT Services

The following document details the terms and conditions of Whirlwind IT Services (hereinafter Whirlwind IT Services, the Company, we, us) effective from 10. 01. 2024.

Business Information

Whirlwind IT Services is operated by Peter Oltyán, providing various IT services including website development, networking, application development, IT support, and system maintenance.

Scope of Services

Whirlwind IT Services provides IT solutions such as website development, networking, IT support, system maintenance, and custom software solutions. Specific service offerings will be defined per project. Limitations and exclusions may apply and will be discussed during consultation and planning.

Client Responsibilities

Clients are expected to cooperate fully during the course of the project. This includes:

• Providing necessary login credentials (e.g., server access, network logins).
• Being available for consultation sessions.
• Responding promptly and accurately to any requests for information.

Failure to fulfil these responsibilities may result in delays, for which Whirlwind IT Services will not be held liable.

Payment Terms

• Invoices are due within 1 week of issuance. Clients can access their invoices via the client portal at clients.whirlwindweb.net using their credentials.
• For smaller projects, payment is made upon completion.
• For larger projects, payment is structured in milestones, with payments due after each milestone is reached.
• Monthly service payments: Invoices are sent on the 21st of each month, with payment due by the last day of the month.
• Interest for late payments is 2% daily, starting from the day after the due date. After 60 days of non-payment, legal action may be initiated.

Service Delivery and Deadlines

We take full responsibility for delivering projects on time if delays are due to our actions. If delays are caused by the client (e.g., not providing necessary credentials in time or delayed responses), compensation may be owed by the client for any subsequent delays in other projects as a result of the delay caused by the client.

Clients will be compensated if we are directly responsible for significant delays.

Cancellation and Termination

Whirlwind IT Services reserves the right to terminate projects with clients who are unreasonable, make mutual work hard on purpose or uncooperative.

• Clients may cancel jobs at any time, however milestones and other payments that have been completed up to that point will not be refunded.
• Cancellations may have additional charges if they are initiated after work on a project or milestone has already begun.
• Cancellations are free of charge if initiated between the first contact and the start of work. This includes cancelling after the first consultation as well.
• Monthly service payments can be cancelled at any time; however, a payment must be made to cover the costs incurred up to the date of cancellation.
• Whirlwind IT Services reserves the right to terminate a contract if the client is not complying, nor willing to comply with necessary security or data protection regulations and providing the funding necessary infrastructure for proper data management.

Data Liability and Protection

Whirlwind IT Services will handle and store non-sensitive customer data if necessary for the completion of work (e.g., during system maintenance). However, we do not retain sensitive data unless explicitly managing the client's systems. This includes internal documents, worker data and databases that might store sensitive information.

• If a client manages their own data systems, they are responsible for backing up and securing sensitive data. We will not be held liable for any data loss unrelated to our specific job.
• Compensation for data loss (if applicable) will be limited to the amount paid for services.
• Clients whose systems are constantly managed and maintained by us may request the storing and handling copies of their information, including potentially sensitive information.

Confidentiality and Data Security

Client data is handled confidentially. Only necessary personnel will have access to sensitive information.

• Clients must comply with and fund necessary infrastructure for recommended security measures as outlined by us. Failure to do so may result in contract termination.
• We comply with GDPR and other data protection regulations. Contracts may be terminated if clients fail to adhere to these requirements or make it impossible or unreasonably difficult for us to set their systems up to adhere said regulations.
• We will not be held liable for failure to secure data if the failure is caused by the actions of the client. If the failure is directly caused by Whirlwind IT Services, the client may be eligible for compensation.
• Compensations for data loss only apply if the loss of data was directly caused by Whirlwind IT Services; if the customer has their systems managed and maintained by us; if the data lost counts as sensitive data; and if the customer had faced material losses that can be linked to the loss of data.

Dispute Resolution

We aim to resolve disputes amicably. In case of client dissatisfaction, we will seek a solution through negotiation. In cases of non-payment, legal action may be taken. Hungarian law will govern all disputes.

Intellectual Property

Ownership of deliverables is transferred to the client upon full payment.

• Clients agree that their logo may be featured on the Whirlwind IT Services website under "Companies That Chose Whirlwind" or "Our Top Works."
• Whirlwind IT Services must be credited on one or both of the following ways depending on the type and circumstances of the work done for the client:
  • Software: The company must be credited in the footer section of the page(s) in one of the following ways:
    • “Made and Maintained by Whirlwind IT Services” if the product was originally made by us.
    • “Maintained By Whirlwind IT Services” if the product is being ran or maintained by us.
    • “Powered by Whirlwind IT Services” if the product is not made by us, but is used for commercial purposes and uses one or more Wframework™ elements or other Whirlwind APIs.
  • Hardware: The company must be credited on one easy-to-see spot on the location it operates by one of the following ways:
    • Sticker: “Systems managed by Whirlwind IT Services” sticker on one visible spot
    • Business cards: A stack of “Whirlwind IT Services” business cards on a counter top or other easy-to-reach place

Modifications to Terms

Whirlwind IT Services reserves the right to update these terms and conditions at any time. Clients will be informed of any changes via the contact email provided. Continued use of services constitutes acceptance of the revised terms.