Terms of service
These terms apply to services provided by Overcoming OÜ (registry code 16920820, Estonia) to its clients.
1. Services and contract
We provide strategic marketing consultancy, experience gamification, influencer marketing, campaign management and digital content creation services to business clients. The scope, deliverables, timeline and price of each engagement are set out in a written proposal. A contract is formed when the client accepts the proposal in writing.
2. Fees and payment
Fees are stated in EUR in the proposal and invoiced by Overcoming OÜ. Unless the proposal says otherwise, project work is invoiced before work starts and monthly services are invoiced in advance. Advertising spend, prizes and creator fees paid to third parties are the client's cost and are not included in our fees unless expressly agreed.
3. Client responsibilities
The client provides the information, access and approvals needed to perform the services and confirms it has the rights to any material it supplies. The client is responsible for the legal compliance of its own products, promotions and prize draws.
4. Results
We perform the services with professional care. Marketing results depend on factors outside our control, so we do not guarantee specific commercial outcomes.
5. Intellectual property
On full payment, the client receives the rights to the final deliverables created for it. We retain rights to our methods, templates and pre-existing materials. Content produced by third-party creators is licensed on the terms agreed with each creator.
6. Termination
Monthly services may be ended by either party with 30 days' written notice. Work completed up to the end date remains payable.
7. Liability and law
Our liability is limited to the fees paid for the engagement concerned, to the extent permitted by law. These terms are governed by the laws of Estonia.
Refund and cancellation policy
A client may cancel an engagement before work has started and receive a full refund of any amount paid. If work has started, we refund the part of the fee that corresponds to work not yet performed. Fees for work already delivered, and third-party costs already committed on the client's behalf, are not refundable. Monthly services can be cancelled with 30 days' notice and are not refunded for a month already in progress.
If you believe a deliverable does not match the agreed scope, write to us within 14 days of delivery and we will correct it or, where correction is not possible, refund the corresponding amount. Refund requests are sent to Overcomingou@proton.me and are paid back through the original payment method.
Privacy policy
The data controller is Overcoming OÜ (registry code 16920820, Estonia). Contact: Overcomingou@proton.me.
Data we process
Contact details and the content of messages you send us; contract, invoicing and payment information of clients; and material clients provide for the performance of the services. The contact form on this site does not store anything: it prepares an email in your own email app. This website does not use tracking or advertising cookies. Fonts are loaded from Google Fonts, which receives your IP address when the page loads.
Purposes and legal bases
We process data to answer enquiries and perform contracts (performance of a contract), to meet accounting and tax obligations (legal obligation) and to manage our business relationships (legitimate interest).
Retention and sharing
Accounting records are kept for the period required by Estonian law. Other data is kept for as long as needed for the purpose it was collected. We share data only with service providers needed to operate (such as email, accounting and payment providers) and with authorities where the law requires it.
Your rights
Under the GDPR you may request access, rectification, erasure, restriction or portability of your data and object to its processing by writing to us. You may also lodge a complaint with the Estonian Data Protection Inspectorate.