Terms of service

These Terms govern every order for a website placed on oracleyes.com and every service ORACLEYES performs under such an order. By placing an order, signing the Statement of Work or paying the deposit, the Customer accepts them. Where a signed Statement of Work differs from these Terms, the signed document prevails for that project and for that point only.

1. Who we are, and who may order

1.1 ORACLEYES ("we", "us") is the publisher of oracleyes.com, identified on the Publisher page of this site. All notices to us are sent by e-mail to contact@oracleyes.com, which is our only channel of contact.

1.2 Businesses and professionals only. We contract only with businesses and professionals acting for a commercial or professional purpose ("the Customer"). We have no consumer offer. Before paying, the Customer declares that it acts for its business or profession. An order that is in truth for a private purpose is not accepted, and nothing in these Terms gives a consumer the rights of a consumer.

1.3 The person who places an order confirms that they are authorised to bind the business they order for, and that the information they give is accurate.

2. What we sell

2.1 A website, sold outright. We design, build and hand over a website to the specification of the signed Statement of Work. The sale is final and one-off. We do not rent websites, and we do not sell subscriptions, recurring maintenance, social-media management or advertising.

2.2 The offers. Our standard offers are described on the Pricing page: what each includes, what it excludes, and the options that can be added. A request outside the standard offers is quoted separately, without obligation, and is accepted only if we can do it without delaying existing orders.

2.3 Scope is what the signed Statement of Work says. It states the objectives, pages, functions, limits and exclusions, the template or variant chosen, what the Customer must supply, the delivery date, the total price, the deposit, the balance, and every third-party subscription the site needs. Anything not in the signed Statement of Work is outside the scope and becomes a priced change under clause 6.

2.4 Previews are illustrations. The templates, arrangements and styles shown on this site, and the preview in the configurator, use invented names, prices and dates. They show the look of a site, not its words and not a finished product made for a particular Customer.

3. How an order works

3.1 Configure and send. The Customer chooses an activity, pages, a look and features in the configurator and sends the choices with an e-mail address. Nothing is ordered at this stage and nothing is paid. We do not accept file uploads.

3.2 Confirm by e-mail. We send a confirmation link, valid for 72 hours. The order exists only once the Customer opens the link and presses the confirmation button. A second e-mail then carries a link that lets the Customer open an account, only for the e-mail address that placed the order. That link is valid for 7 days. If the account is not opened in time, the order and everything linked to it are deleted.

3.3 Fourteen days to finish. Once the account is open, the Customer has 14 days to describe the project in the intake and to sign. The 14 days do not run while the next step is ours: they pause when the action expected is ours and start again when it returns to the Customer. We send a reminder 3 days before the end. If the order is not finished in time and no payment is pending, the account and all its data are deleted. A payment that the provider reports as being validated stops the deletion; if the provider never answers, after 24 hours the payment is treated as not completed. Once the deposit is paid, the account stays open.

3.4 Intake and Statement of Work. The intake is a form in two displays, general and advanced. The Customer answers it in writing. Where the Customer skips a question, we never invent an answer: anything we infer is marked as inferred and the Customer validates it. We may ask one round of complementary questions. We then send the Statement of Work: a numbered, versioned document that states the scope, the price and the dates. A person approves it before it is sent. We prepare it with the help of automated tools, but we set the price from our published scale plus any supplement we approve. A Statement of Work stays open for 14 calendar days after it is sent; after that a new one is needed.

3.5 Signature. The Statement of Work is signed electronically through an external provider (Zoho Sign). The signed version is fixed by a cryptographic fingerprint, and the signature record and its audit trail are kept as evidence. A screenshot or a verbal statement is not a signature.

3.6 Deposit, then production. Production starts only when (a) the Statement of Work is signed, (b) its scope is valid, (c) the deposit has been verified as actually received from the payment provider, and (d) we have capacity. We verify a payment against the provider's own record, by its transaction reference and its amount. A redirect, a screenshot or a declaration of payment is not proof of payment.

3.7 Capacity. We may close the site to new paid orders when production is saturated. We do not promise a delivery date that we cannot meet.

4. Price and payment

4.1 Price. The price is the total stated in the signed Statement of Work, in the currency stated there. Prices on this site are indications until a Statement of Work is signed. Taxes, duties and withholdings that apply to the Customer are not included unless the Statement of Work says so.

4.2 Deposit and balance. The price is paid in two parts: a deposit of 25 % to start the project and a balance of 75 %, due once the test of clause 5 is clear and before the site is handed over. Where an escrow milestone is used, a milestone that is funded but not yet released is not a deposit that has been paid; the Statement of Work says from which point we may start.

4.3 External payment. Payments are made on a hosted payment page of an external provider (Contra, or Payoneer where we offer it). We do not receive, see or store card numbers or bank credentials, and we do not hold funds in an account of our own. The provider's own terms and fees apply to the payment; the Statement of Work says who bears those fees.

4.4 Late payment. A sum is due on the date stated in the Statement of Work. Work may be paused, and the handover withheld, while a due sum is unpaid. Late-payment interest between professionals is due at the rate the governing law allows, and we may recover the reasonable costs of collection.

4.5 Third-party subscriptions. Where a site needs a paid subscription that cannot be avoided (a server, hosting, a domain name, a third-party service), it is written in the Statement of Work with its price, validated by the Customer's signature, and taken out in the Customer's own name once the tests are validated. We prefer to build a solution ourselves rather than make the Customer pay for an extension.

4.6 No hidden charges. Anything the Customer must pay beyond the price is stated before the Statement of Work is signed.

5. Production, test and acceptance

5.1 Delivery times are estimates that run from the later of the deposit being verified and the Customer supplying what it must supply. They are not a guaranteed date, except for clause 12.2.

5.2 What the Customer must supply. The Customer supplies texts, images, logos, product data, accesses and decisions in time and in a usable form. A delay on the Customer's side moves the delivery date by at least the same time.

5.3 If the Customer goes silent. If the Customer neither answers nor reacts for 30 days after the deposit, the deposit is kept as payment for the work already engaged and for the capacity we reserved. If the documents we already hold are enough, we still build the site and send the test link once those 30 days have passed.

5.4 The 10-day test. When the site is ready, we send a protected test link. The Customer has 10 days to check the finished site against the signed Statement of Work, line by line, and to accept or contest each line. We produce a conformity report that compares the signed scope with the delivered site. It is kept as evidence of what was delivered; it is not a means of settling a dispute.

5.5 Extension. The Customer may ask for the test to be extended, with a reason, before it ends. We accept or decline case by case.

5.6 Silence. If the Customer gives no answer within the 10 days, the test link and the Customer's content are deleted, and no refund is due.

5.7 Acceptance. The work is accepted when the Customer accepts it, or when every line has been accepted, or when the Customer uses the site in production. Once the test is clear, the balance falls due.

5.8 Final assets. The code, accesses and transfer are released after the balance is paid. We never use this to block lawful access to the Customer's own data, texts and images.

6. Revisions and changes

6.1 Three consolidated rounds. During the test, the price includes three rounds of revision requests. Each round is one consolidated list. Drafts and discussions before a round is confirmed do not consume a round, and nor do simple questions.

6.2 Defects are not revisions. A defect, bug or non-conformity with the signed Statement of Work is corrected without consuming a round.

6.3 Out of scope. A request that goes beyond the Statement of Work is a change. We quote it in writing (price and effect on the dates). Work on a change starts only when the Customer accepts the quote and, where it requires payment, the payment is verified.

7. Handover, hosting and what happens afterwards

7.1 Where the site lives. The delivered site is installed with the hosting provider the Customer chooses, in the Customer's name. A Shopify store stays on the Customer's own Shopify account. We do not host a Customer's site on our own servers. Where a domain name or hosting account is bought for the Customer, it is registered in the Customer's name.

7.2 We keep a copy. We keep a copy of each delivered site as a backup and so that its structure can serve as a base for later sites. The Customer's content is never reused for another customer: our reuse is limited to the generic structure, and the Customer's content is deleted 3 months after the project is closed.

7.3 No continuing service. Unless the Customer buys it separately in writing, we do not host, maintain, update, secure or monitor the delivered site. After the test period, or after acceptance if earlier, the Customer owns and runs the site, and every later breakdown is its responsibility; no free repair is owed. This does not apply in a case of fraud or gross negligence on our part, and it does not remove a guarantee that the law imposes and that cannot be excluded.

7.4 Licences that cannot be transferred. Any third-party component that cannot lawfully be transferred is listed at handover with the terms that apply, as set out on the Licenses page.

8. Intellectual property

8.1 The Customer's content. The Customer keeps all rights in the texts, images, logos, data and trademarks it supplies ("Customer Content") and grants us the right to use them, for the project and for what it needs, to build, test, preview and deliver the site and to prove delivery.

8.2 Customer warranties. The Customer warrants that it holds the rights to the Customer Content, that the Customer Content and its use in the site do not infringe the rights of anyone, and that it is not unlawful, defamatory or misleading.

8.3 The deliverable. When the whole price has been paid, the Customer owns the website we made for it, including the content we created for it under the Statement of Work, subject to clauses 8.4 and 8.5.

8.4 Our tools and templates. We keep all rights in our templates, arrangements, styles, code, libraries, generic structures, methods and know-how that existed before the project or that we create independently of it ("Our Materials"), including the parts embedded in the delivered site. On full payment we grant the Customer a perpetual, worldwide, non-exclusive, royalty-free licence to use, copy and modify the code we wrote ourselves and the Our Materials embedded in the delivered site, for its own business, and to transfer that licence together with the business to which the site belongs. The Customer may not resell, relicense or distribute Our Materials as a template, theme or product of its own.

8.5 Third-party components. Open-source and third-party components remain under their own licences, listed on the Licenses page and at handover. Nothing in these Terms limits the rights those licences give.

8.6 Portfolio. We may name the Customer and show the delivered site in our portfolio only with the Customer's written agreement. We never present an invented reference or testimonial as genuine.

9. Acceptable use

9.1 We do not build, and the Customer must not ask for, a site whose purpose or content is unlawful, deceptive, infringing, hateful or malicious, or that breaks the acceptable-use rules of the providers we rely on, or that collects data in breach of law.

9.2 We may refuse or stop a project that breaks this clause. Where we stop for this reason, sums paid cover the work done up to then, and the Refunds page does not apply to the remainder.

10. Warranty and limits

10.1 What we promise. We perform the services with reasonable skill and care, and deliver a site that conforms to the signed Statement of Work.

10.2 The test is the warranty period. Defects and non-conformities found and notified during the 10-day test are corrected free of charge, within a reasonable time. If we cannot correct one, the Refunds page applies to the part of the price that corresponds to the non-conforming element. After the test period clause 7.3 applies.

10.3 What we do not promise. We do not guarantee rankings, traffic, sales, the availability of third-party services, or that a site will meet a requirement that is not written in the Statement of Work. A site depends on services we do not control (browsers, hosts, payment, e-mail, search engines); we are not responsible for their failure or their changes.

10.4 No advice. Our work is not legal, tax, accounting or regulatory advice. The Customer is responsible for the legal notices, policies and compliance obligations of its own site and business, in every country where it operates.

11. Liability

11.1 Nothing in these Terms excludes or limits our liability for our fraud (dol) or our gross negligence (faute lourde), or any liability that the law does not allow to be limited.

11.2 Subject to 11.1, we are not liable for loss of profit, revenue, business, goodwill or expected savings, nor for indirect loss.

11.3 Subject to 11.1, our total liability to the Customer for all claims arising out of or in connection with a project is limited to the price paid for that project.

11.4 The Customer indemnifies us against third-party claims, and the reasonable costs of defending them, that arise from Customer Content or from the Customer's use of the delivered site in breach of these Terms or of the law.

12. Ending an order

12.1 Before production starts, the Customer may cancel by written notice; the Refunds page says what is returned.

12.2 If we are late. If we exceed the delivery date of the Statement of Work by more than 15 working days, for a reason that is ours, the Customer may cancel by written notice and recover 100 % of the deposit.

12.3 After production has started, the Customer may cancel by written notice. We keep what is due for the work done, as the Refunds page sets out, and we hand over the work done once what is due for it is paid.

12.4 For breach. Either party may end an order by written notice if the other commits a material breach and does not remedy it within 14 days of a written request, or if the other becomes insolvent. We may also end an order under clause 9.

12.5 Effect. Clauses that by their nature continue (including 4, 7.3, 8, 10, 11, 13, 14 and 16) survive the end of an order.

13. Confidentiality and personal data

13.1 Each party keeps the other's non-public business information confidential, uses it only for the order, and discloses it only to those who need it and are bound to confidentiality, or when the law requires.

13.2 We process personal data as described in the Privacy Policy. Where the Customer's site collects personal data from its own visitors, the Customer is the controller of that data and is responsible for the privacy notice, the legal basis and the compliance of its site. If we process such data for the Customer after handover, the parties first sign a data-processing agreement.

14. Force majeure

Neither party is liable for delay or failure caused by an event that meets the legal definition of force majeure under the governing law, including natural disaster, war, strike, and failure of public networks or of a third-party provider that could not reasonably have been avoided. The affected party tells the other without delay and resumes as soon as it can. If the event lasts more than 60 days, either party may end the order, and the Refunds page applies.

15. General

15.1 Entire agreement. These Terms, the Privacy Policy, the Refunds page, the Licenses page and the signed Statement of Work are the whole agreement and replace earlier discussions.

15.2 Changes. We may change these Terms for future orders by publishing a new version with a new number. A signed order stays under the version in force when it was signed.

15.3 Notices. A notice is valid if sent in writing by e-mail to the address the Customer gave for the account, or to contact@oracleyes.com for us.

15.4 Assignment. The Customer may not assign its rights or duties without our written consent. We may use subcontractors; we remain responsible for their work.

15.5 Severability, waiver. If a provision is held invalid, the rest remains in force, and the parties replace the provision with a valid one that is as close as possible in effect. A failure to enforce a right is not a waiver of it.

15.6 Language. These Terms are written in English; only the English text binds.

15.7 Mandatory law. Nothing in these Terms removes a right that the law gives a party and that cannot be excluded by agreement.

16. Governing law and disputes

16.1 Governing law. These Terms, and every order and dispute arising out of or in connection with them, are governed by Moroccan law.

16.2 Talk first. The parties first try to settle a dispute by good-faith discussion for 30 days after one of them gives the other written notice of it. Either party may at any time ask a competent court for urgent interim relief and for enforcement.

16.3 Arbitration. Any dispute that is not settled under clause 16.2 shall be finally settled by arbitration administered by the Casablanca International Mediation and Arbitration Centre (CIMAC), under its rules in force at the date of the request for arbitration, by one arbitrator. The seat of the arbitration is Casablanca, Morocco, and the language is English.

16.4 Costs. The tribunal may order the losing party to pay the reasonable costs of the arbitration and of the other party's legal representation.

17. Contact

Questions about these Terms: contact@oracleyes.com.