Terms of Service
Effective date: 2026-11-06
These Terms of Service (the "Terms") govern the services, digital products, and subscriptions provided by the provider identified below (the "Provider", "we", "us") to its clients ("you"). They are written for an international, predominantly business clientele. Each engagement is additionally governed by the individual proposal, quote, statement of work, order confirmation, or invoice agreed for it (the "Order").
Provider and contact details
- Registered provider: ИП Зиверт Давид
- Tax number (INN): 23108198950056
- Registration certificate: No. 481, dated 2023-01-20
- Current public business/contact address: Issyk-Kul Region, Karakol, 722000, Voskhod Microdistrict, Building 20, Apartment 33
- Email: hi@david-siewert.com
Notices and legally relevant communications may be sent to the email address above unless an Order specifies another address.
Scope and ordering
We offer, in particular: (a) custom websites and their ongoing care; (b) web applications and custom software development; (c) customer support and messaging automation, including multi-channel inboxes and connected workflows; (d) private AI agents, private AI environments, and AI consulting; (e) isolated private cloud and managed self-hosted infrastructure, including email, files, collaboration, and identity tools; and (f) related consulting, integration, migration, training, support, and managed operations, as well as digital products and subscriptions. Only the services expressly listed in an Order are owed; services or features not listed, in particular ongoing operations, hosting, support, service levels, or third-party licences, are included only if expressly agreed.
Our services are directed at businesses and professionals acting in the course of their business. If you are a consumer in an individual case, the mandatory protections applicable to you remain unaffected by these Terms. By placing an Order for a company, you confirm that you are authorised to bind that company.
The content of this website, including any indicative "from" prices, examples, and case studies, is general information and is not a binding offer. A contract is concluded only once its essential terms have been agreed in an Order and you explicitly accept them by confirming the Order or making the agreed payment after these Terms and the full charge information have been made available to you. Browsing this site or sending an inquiry is not acceptance.
Before you confirm an Order or pay, we agree the scope and deliverables, the total price, the applicable taxes and fees, the payment schedule, the delivery or access arrangements, the timing, and any product-specific restrictions. Where a total is shown, it is stated in Kyrgyz som (KGS), as required; if a quote also refers to another currency, we disclose the conversion basis and the final KGS total before you confirm or pay. If essential Order terms remain unsettled, do not pay; contact us first.
If documents conflict, the following order of precedence applies: the Order (including any agreed data processing agreement, which prevails for personal-data matters), then these Terms, then other proposal or marketing documents. Your own standard terms do not apply, even if referenced in a purchase order or similar document, unless we expressly accept them in writing.
Proposals, estimates, and change requests
Time and cost estimates are indicative based on the information available when they are made, unless an Order expressly states a fixed price for a defined scope. Assumptions stated in a proposal (for example on content, integrations, data quality, or third-party systems) are part of the basis of the Order; if an assumption proves incorrect, we will agree the necessary adjustment with you before continuing the affected work, where practicable.
Changes to the agreed scope, timing, or price ("change requests") require agreement in text form (email is sufficient). We will state the effect of a change on fees and deadlines before implementing it, except for urgent security or operational measures needed to protect your systems or data, which we may carry out immediately at the applicable rates and inform you of promptly. We may make immaterial technical improvements that do not reduce the agreed functionality.
Your cooperation and responsibilities
You will appoint a contact person with authority to give instructions and make decisions, and you will provide, in good time, the information, content, decisions, approvals, and access reasonably needed for performance. You are responsible for the accuracy and completeness of information and materials you supply, for keeping your own copies of materials you hand over, and for ensuring that such materials may lawfully be used for the agreed purpose. You must hold the necessary rights to materials you provide, including any third-party or open-source components you ask us to incorporate, and comply with their licences.
Deadlines extend by at least the period of any delay caused by missing or late cooperation, approvals, or suitable materials, and we may reasonably reschedule resources accordingly. Additional work or costs caused by such delay or by incorrect or unsuitable materials may be charged at the applicable rates as agreed or as permitted by law; we will inform you where this becomes apparent in advance. You are responsible for complying with the laws, industry rules, and platform terms that apply to your business and to your use of the deliverables.
Fees, expenses, and taxes
Fees are agreed per Order, typically as a fixed project price, a time-based (hourly or daily) rate, a setup fee, and/or a recurring fee for managed services or subscriptions, and are confirmed before you confirm the Order or pay. Unless an Order states otherwise, prices are exclusive of taxes, duties, and third-party costs. Reasonable out-of-pocket expenses and third-party costs, such as hosting, servers, domains, licences, certificates, AI model or messaging-platform usage charges, or transaction charges, are charged only where the Order provides for them or you have approved them. Applicable taxes and mandatory charges are disclosed with the total before payment.
Where prices are quoted in a currency other than KGS (for example USD or EUR for international clients), the conversion basis and the final KGS total are disclosed before you confirm or pay, as required. Unless otherwise agreed, you bear your own bank, transfer, and currency-conversion charges, so that the invoiced amount is received by us in full. If third-party providers increase their prices for components included in a recurring service, we may pass on the documented increase for future periods after giving reasonable notice.
For recurring services, we may adjust our own fees with effect from the end of the current fixed or minimum term by giving at least 30 days' notice in text form; if you do not accept an increase, you may terminate the affected recurring service with effect from the end of that term instead of renewing it.
Payments
Unless an Order states otherwise, project work is invoiced in the milestones or instalments stated in the Order (typically including an advance payment before work begins), time-based work is invoiced periodically for time actually spent, and recurring fees are invoiced in advance for each period. Invoices are due within 7 days of the invoice date unless the Order states another period. We may reasonably pause work, delivery, or access while amounts due remain unpaid after a reminder, and deadlines extend accordingly. Overdue amounts may bear interest and collection costs to the maximum extent permitted by applicable law. Business clients may set off or retain payment only with claims that are undisputed or finally established, to the extent permitted by law.
Available payment methods, the final amount due, and any applicable conversion basis are confirmed before payment. Where card payment is offered for a particular Order, it is processed by the payment provider designated for that Order. These pages do not activate a payment integration or card acceptance, and no particular provider settlement currency or card-network approval is claimed here.
If card payment is offered, enter card credentials only through the payment provider's designated secure payment interface. We do not request or store full card numbers or card security codes, including by email. Payment processing and any available refund channel depend on the provider and bank arrangements; these do not reduce your statutory claims against us.
Delivery, acceptance, and support
Custom work is delivered through the agreed electronic channel or deployment arrangement. One-off digital products are supplied by the agreed download, licence, or access method. Delivery dates are estimates made in good faith unless an Order expressly designates a date as a fixed deadline. Each party will promptly inform the other of anything that may affect delivery.
Business clients will review deliverables without undue delay and notify us in text form of any material non-conformity with the agreed specification within 10 business days of delivery; using a deliverable in live operation counts as acceptance of its visible characteristics. Minor defects that do not materially impair use do not prevent acceptance and will be addressed under the warranty below. This acceptance process does not waive mandatory rights, and silence does not waive mandatory remedies. Notify us of delivery or performance problems so that we can address them.
Support, maintenance, and managed operations are provided only where ordered, and only within the agreed scope, channels, and hours. Response and resolution times are target efforts unless an Order expressly agrees binding service levels (SLA) and their consequences. Support does not include new features, changes in scope, content work, or fixing issues caused by systems or changes outside our control; such work is billable at the applicable rates.
Managed services and subscriptions
A subscription or managed service provides only the time-limited access, hosting, operations, or support specified in the Order, for example monitoring, security and software updates, backups within the agreed scope, and an agreed allowance of users, resources, channels, or change time. Use beyond an agreed allowance may be invoiced additionally at the applicable rates after notice. Ownership of infrastructure, software, or platforms is not transferred by a subscription.
We provide managed services with reasonable care and aim for high availability, but we do not guarantee uninterrupted or error-free operation unless an Order expressly agrees an availability commitment. We may carry out planned maintenance and may apply urgent security updates at any time; we will give reasonable notice of planned work likely to affect availability where practicable. Unless data backup is expressly included in your Order, you remain responsible for your own backups; where backup is included, it covers only the systems, frequency, and retention agreed in the Order.
For subscriptions, we disclose before you order the fixed access or support period (including any minimum term), the included services, the cancellation method, and the renewal conditions. Subscriptions renew only by a new agreement and manual payment; we do not offer automatic renewals or recurring card debits. At the end of a managed service or subscription, you are responsible for exporting your data before the service ends using the export means provided; we may delete hosted client data no earlier than 30 days after the service ends, subject to the Order and applicable law, and can assist with migration or extended retention as a billable service.
AI services and automation
AI and automation features (including AI agents, generated replies and drafts, classification, summarisation, translation, and search over your content) are assistive tools. Their output may be inaccurate, incomplete, or unsuitable for a particular purpose and does not constitute legal, medical, financial, or other professional advice. You must have output reviewed by a competent person before relying on it, sending it to third parties, or basing decisions on it, and you remain fully responsible for communications sent and decisions taken using our deliverables. We do not guarantee specific business outcomes, savings, rankings, message deliverability, or platform approvals.
Where an Order provides for a private or local AI model, your data is processed within that environment as agreed. External AI or cloud model providers are connected only where the Order provides for them or you instruct us to do so, and their terms then apply additionally. We do not use your confidential content or personal data processed in your private environment to train models for other clients or for our own general purposes, as further described in the privacy policy.
For messaging and support automation, you are responsible for obtaining any required recipient consent (opt-in), for the lawfulness and content of messages, templates, and campaigns, and for complying with the terms and policies of the connected channels and platforms (for example messaging, social media, email, or telephony providers). Availability, features, pricing, account verification, and possible restriction or blocking of channel accounts are controlled by those platforms and are outside our responsibility; we will reasonably support you in resolving such issues as a billable service unless the Order provides otherwise.
Third-party services and open source
Deliverables may rely on third-party services and software, such as hosting and server providers, domain and certificate services, AI models, messaging and email platforms, payment services, and open-source components. The respective third-party terms and licences apply and must be respected. Unless otherwise agreed, accounts with third-party providers should be held in your name; you are responsible for maintaining those accounts, their credentials, and their payment methods, and for renewals (for example of domains and licences) where you hold the account.
We select third-party components with reasonable care, but we are not responsible for their availability, security, price, or feature changes, discontinuation, or errors. If a component is materially changed or discontinued, we will inform you and can implement a reasonable alternative as a billable change unless the Order provides otherwise. Open-source components remain subject to their own licences, which prevail over these Terms for those components.
Acceptable use
You must not use our services, managed infrastructure, or deliverables to break the law, infringe the rights of others, send unlawful or unsolicited bulk communications (spam), distribute malware, attack or probe third-party systems without authorisation, mine cryptocurrency, or overload or endanger systems or networks, and you must not resell access to managed services or make them available to third parties unless the Order expressly permits this. You will keep access credentials secret, grant access only to authorised users, and promptly revoke access for persons who no longer need it. Where your use creates a material legal, security, or operational risk, we may restrict or suspend the affected service after giving notice where practicable, or immediately where urgent action is required.
Cancellation and refunds
Contact hi@david-siewert.com to cancel, request a refund, or report non-delivery or defective performance. Include the Order reference, relevant payment details (not card credentials), and the reason for your request. We will assess the request against the Order and applicable law and explain the outcome and any calculation. This contact route does not limit other lawful ways of exercising your rights.
You retain all mandatory cancellation and consumer remedies under Kyrgyz law, including remedies for non-delivery, delay, and defective performance; nothing in these Terms limits such mandatory rights, imposes a blanket no-refund rule, or penalises a lawful cancellation. Depending on the applicable legal conditions, those remedies can include correction, repeat performance, a price reduction, termination, and a refund or other compensation.
For cancellation of work or services already started, any amount retained or deducted must be permitted by the applicable mandatory law and remain within its limits. We will identify the applicable legal basis and calculation, without stacking charges for work, expenses, and losses, counting any amount twice, or imposing a cancellation penalty that overrides a statutory right. Any refundable balance remains due. Amounts for work properly performed, for third-party costs properly incurred on your behalf, and for the current subscription or minimum-term period remain payable to the extent permitted by the Order and applicable law. For a properly delivered custom deliverable, digital product, completed service, or subscription period already provided as agreed, we do not offer an additional discretionary change-of-mind refund unless the Order expressly provides one; custom work is produced to your specification and cannot be resold. No universal waiver of digital-content withdrawal rights is required or assumed.
Subscriptions expire at the end of their agreed fixed term unless you manually renew them. Earlier cancellation, termination, and refund rights remain governed by applicable law and the agreed Order. Your entitlement to cancellation or a refund does not depend on any payment provider or bank approval. Refunds due will be arranged through a lawful available payment route within the applicable legal requirements; no particular provider processing deadline is promised.
Changes, suspension, and termination
We may suspend or limit performance where reasonably necessary, for example where cooperation, information, or payment due is missing, where your use breaches the acceptable-use rules above, or where continuation would be unlawful or unsafe; we will inform you accordingly. Suspension does not relieve you of fees accrued, and deadlines extend by the suspension period.
Either party may terminate an Order as provided in that Order or under applicable law. Business clients may terminate ongoing services for convenience only with effect from the end of the agreed fixed or minimum term, unless the Order allows earlier termination. Either party may terminate for good cause if the other party materially breaches the contract and does not remedy the breach within 14 days of a written notice describing it, or immediately where remedy is impossible or unreasonable, for example in case of insolvency or unlawful use. Termination does not affect rights already accrued, amounts lawfully due for work properly performed and costs properly incurred, the data-export and deletion rules above, or provisions that by their nature survive, such as confidentiality, intellectual property, data protection, and liability.
Circumstances beyond a party's reasonable control, such as natural disasters, war, sanctions, infrastructure or network failures outside our control, or binding governmental measures, suspend affected obligations for their duration without liability for the resulting delay; if they continue for more than 60 days, either party may terminate the affected Order in text form.
Confidentiality
Each party keeps confidential the other party's non-public information received in connection with an Order, uses it only for that Order, and discloses it only to persons who need it for the Order under equivalent confidentiality duties, or where disclosure is required by law (in which case the disclosing party will, where lawful, inform the other party in advance). This does not cover information that is or becomes public through no breach, was already known, is independently developed, or is received from a third party free of confidentiality duties. Confidentiality obligations survive for 3 years after the end of an Order; trade secrets remain protected as long as they retain that status under applicable law.
Intellectual property and permitted use
The Order specifies any transfer of rights or licence, source-file delivery, and when those rights take effect. Unless expressly agreed otherwise: (a) our pre-existing tools, libraries, templates, materials, methods, and know-how ("Background IP") remain ours, and you receive a non-exclusive licence to use Background IP only as embedded in, and as needed to use, the agreed deliverable for its agreed purpose; (b) rights in custom deliverables created specifically for you pass or are licensed to you as stated in the Order only upon full payment of the amounts due for that deliverable — until then you may use it only for evaluation; (c) materials and content you provide remain yours, and you grant us the rights needed to use them to perform the Order; (d) third-party and open-source components remain subject to their own licences, which must be respected; and (e) no rights are granted by implication.
We may freely use feedback, suggestions, and general knowledge, skills, and experience gained during an engagement, including anonymised and aggregated learnings that do not disclose your confidential information, and may develop similar solutions for others. You must not remove proprietary notices from deliverables. These provisions do not permit us to withhold mandatory consumer remedies.
Portfolio and references
Unless you object in writing, at the latest when the Order is concluded, we may refer to our cooperation in general terms and show non-confidential parts of the deliverable in our portfolio and reference materials. We will respect an objection raised later for future publications where reasonably possible, and we will never disclose your confidential information under this clause.
Warranties and liability
We perform our services with reasonable professional skill and care and in material conformity with the specification agreed in the Order. If a deliverable supplied to a business client materially deviates from that specification and you notify us in text form within 30 days after delivery or acceptance, we will, as the primary remedy and subject to mandatory law, correct the defect within a reasonable period. The warranty does not cover defects caused by modifications made by you or third parties, use contrary to documentation or the agreed purpose, unsuitable materials or data supplied by you, or third-party systems outside our control. To the extent permitted by law, all other warranties, in particular implied warranties of fitness for a particular purpose or of specific business results, are excluded. We do not warrant outcomes outside the agreed scope or beyond our control, such as the availability of third-party platforms, search rankings, the business results of a deliverable, or the conduct of third-party providers.
To the extent permitted by law, our aggregate liability arising from an Order is limited to the fees paid for that Order, and we are not liable for indirect or consequential losses, such as loss of profit, revenue, goodwill, anticipated savings, or business interruption, or for loss of data except where a backup obligation expressly agreed in the Order was breached. Nothing here limits or excludes liability that cannot lawfully be limited or excluded, removes mandatory consumer protections, or affects claims for intent or gross negligence to the extent the applicable law does not allow their exclusion. You are obliged to mitigate your losses and, unless backup is expressly included in your Order, to maintain your own appropriate backups.
You are responsible for your use of the deliverable, for materials and instructions you supply, for messages and content sent through systems we set up for you, and for complying with laws applicable to your business. You will indemnify us against third-party claims, and reasonable associated costs, arising from your materials or instructions, your unlawful or non-compliant use of a deliverable or managed service, missing recipient consent for your communications, or your breach of third-party terms or of these Terms, except to the extent a claim results from our own breach.
Data protection
Personal data is handled as described in the privacy policy. Where we process personal data on your behalf in a website, web application, support inbox, AI environment, private cloud, or other system we build or operate for you, we act as your processor (service provider) and process such data only on your documented instructions and as set out in the Order and any agreed data processing agreement; you remain responsible for having a lawful basis, for the instructions you give, and for information duties towards the persons concerned. A data processing agreement can be included in or added to an Order, for example for clients subject to the GDPR or comparable laws.
Responsibility and disputes
Each party is responsible for its obligations under the Order and applicable law. Send complaints to hi@david-siewert.com or the contact address above, with enough information to identify the Order and issue. The parties will attempt in good faith to resolve business disputes through direct discussion before taking formal steps, without making this a condition that restricts lawful remedies. Kyrgyz Republic law applies, including mandatory consumer cancellation and refund protections. For business clients, the courts at the Provider's registered place of business have jurisdiction; this choice of law and forum does not deprive consumers of mandatory protections that apply to them or restrict their access to a competent court or authority.
These Terms are published in English, German, Russian, and Kyrgyz. For international business Orders, the English version prevails in case of discrepancies, unless the Order or mandatory law provides otherwise.
Website use and content
You may use this website for lawful purposes only and must not misuse it, interfere with its security or operation, or infringe the rights of others. The content of this site, including text, design, and images, is protected by applicable intellectual property rights and may not be copied or reused beyond normal browsing without our permission, except where the law or a stated licence allows it.
This site may link to external websites and services for convenience; we do not control them and are not responsible for their content, notices, or practices. We aim to keep the site available but cannot guarantee uninterrupted, error-free operation; maintenance, technical faults, or measures by hosting or network providers may cause temporary limitations.
General provisions
We may use qualified subcontractors and service providers to perform parts of an Order and remain responsible for their performance as for our own. We may assign an Order or these Terms to a successor of our business; you may not assign an Order or claims under it without our prior consent in text form, which we will not unreasonably withhold for business clients. Each party will comply with applicable sanctions, export-control, and anti-corruption laws relevant to the Order.
Notices in connection with an Order may be sent to the addresses stated in that Order, including by email, and are deemed received upon confirmed transmission during the recipient's usual business hours. A failure to enforce any provision on one occasion does not waive the right to enforce it later. Amendments to an Order require text form. If any provision of these Terms or an Order is held invalid, the remaining provisions continue in effect, and the invalid provision is replaced by a valid one closest to its purpose within the limits of the law. These Terms, together with the Order, constitute the entire agreement on their subject matter and supersede prior discussions on it. Changes to these Terms apply to future Orders; an existing Order changes only by agreement or as required by law. The effective date above identifies this version.
Privacy and later changes
See the privacy policy for personal-data handling. The effective date above identifies this version.