These terms cover our fixed-price service in which we replace the EWS Managed API package in your application with Sunsetless EWS ("the service"). The Sunsetless EWS license itself is covered by the Terms and Conditions.
1. Who we are
- The service is sold by Jacek Marchewka One (sole proprietorship), C17/11, 32-086 Węgrzce, Poland, tax and EU VAT ID PL5130235098 ("we", "us"), under the Sunsetless brand. Contact: [email protected].
- We sell the service directly. Paddle is not involved: we take the payment and issue the invoice ourselves.
- "You" means the business that orders the service. The person who accepts these terms confirms that they may do so for that business.
2. Business customers only
- We sell the service only to businesses. By ordering it, you confirm that you act for a business, not as a consumer.
- If mandatory consumer law still applies to you, nothing in these terms limits your rights under it.
3. Free check, quote and order
- Before any order, we check for free what your application needs, from the EWS usage report or your description.
- We then send a quote by email. It names the application, what we do, what you get, the fixed price and the delivery date.
- A quote is valid for 30 days. You order by accepting it by email. These terms apply to that order.
- If the quote and these terms differ, the quote applies.
- Work outside the quote needs a new quote.
- The service does not include a Sunsetless EWS license. To use the result in production, you need a license, bought separately under the Terms and Conditions.
4. Price and payment
- The price is fixed in the quote, in US dollars, excluding tax. If Polish VAT applies to your order, we add it to the invoice.
- You pay the full price before we start. You can pay by card through a payment link that we email you, or by bank transfer to the account on our invoice. Stripe processes card payments.
- We email you the invoice.
- Any fees of your bank or card issuer are yours.
5. How we work
- You send us a copy of the source code that builds, and answer our questions by email.
- We replace the package, set up the configuration and test the application's EWS calls against Exchange Online, in our own Microsoft 365 tenant.
- We do not need access to your tenant, your servers or your mailboxes, and we do not ask for credentials. Do not send us mailbox content or other personal data from your systems.
- We start after your payment and the source code have arrived. If they arrive later than the quote expected, or you answer our questions late, the delivery date moves by the same time.
- We keep your source code and everything you tell us about the application confidential and use them only for this service. We delete our copy of your source code when you accept the change, or 30 days after delivery at the latest. If you want, we sign your NDA first.
6. Delivery and acceptance
- You get the change to your code, a list of every difference between EWS and Microsoft Graph that we found in the application's calls, and the steps for the app registration and the Graph permissions in your tenant.
- You have 10 business days to check the change. If it does not do what the quote says, tell us by email what is wrong, and we fix it free of charge.
- The change is accepted when you tell us so, when 10 business days pass without a report of what is wrong, or when you use the change in production, whichever comes first.
- You decide whether and when to release the change. Review and test it in your own environment before production.
7. Cancellation and refunds
- You can cancel by email before we start work, and we refund the full price.
- After we start, the price is not refundable, except as described below.
- If we cannot deliver what the quote says, we tell you and refund the full price. If you want to keep part of the work, we agree a partial refund with you.
- We pay refunds in the way you paid, within 14 days.
8. Rights to the change
- After payment, you may use, change and distribute the code that we write for your application, as part of your application, without time limit and without further fees. This license is non-exclusive and worldwide.
- If you need the copyright in that code transferred to you, we sign a separate written agreement.
- Your application and your source code remain yours. Sunsetless EWS stays under the Terms and Conditions.
9. No warranty
- Apart from fixing what does not match the quote (section 6), the result of the service is provided "as is". As far as the law allows, we give no other warranties or guarantees of any kind, express or implied. We exclude the statutory warranty for defects under the Polish Civil Code (rękojmia).
- The tests we run show how the application's calls behave in our tenant. They are not a promise that your application will behave the same way in your tenant or with your data.
- Microsoft runs Microsoft Graph and Exchange Online and may change, limit or throttle them. We are not responsible for Microsoft's services.
10. Liability
- As far as the law allows, we are not liable for any loss or damage connected with the service, whether under contract, tort or any other legal basis.
- In particular, we are not liable for: lost profits, revenue, business or goodwill; lost, damaged, sent, deleted or changed emails, calendar items or other mailbox data; business interruption; the acts of Microsoft, of your application or of anyone else; or any indirect or consequential loss.
- Where the law allows us to limit our liability but not to exclude it, our total liability for all claims about an order is limited to the price you paid for that order.
- Nothing in these terms excludes or limits liability that the law does not allow us to exclude or limit, such as liability for damage caused intentionally.
- You are responsible for your application, for releasing the change, for how the application uses mailboxes, and for backups.
11. Changes to these terms
We may update these terms. The version in force when you accept a quote applies to that order. The date at the top shows the current version.
12. Complaints
Email [email protected] with "Complaint" in the subject. We confirm receipt within 2 business days and reply in full within 14 days.
13. Law and disputes
- Polish law governs these terms. The UN Convention on Contracts for the International Sale of Goods does not apply.
- Disputes go to the common court competent for our place of business in Poland, unless mandatory law says otherwise.
- The quote, these terms and the Privacy Policy are the whole agreement about an order, unless we sign a separate agreement with you.
- If a clause is invalid, the rest remains in force.