integration & development services, open source by default
These General Terms and Conditions, with any specific information related to the Service purchased from Kgtech form the Agreement between us.
If any of these general terms & conditions are inconsistent with any terms set out in a Service specific Terms & Conditions, the Service Terms and Conditions shall prevail.
1.1 “Agreement” means any Agreement to which these terms & conditions are incorporated.
1.2 “Kgtech” means Kgtech with registered company number 2773005-4.
1.3 “Prices” means the Prices for the Services set out in order form or as otherwise notified to you.
1.4 “Services” means the Services to be provided by Kgtech.
1.5 “You/Your” means the person or company who purchases Services from Kgtech.
2.1 All Services for which payment is required on an annual basis are provided for a fixed annual term.
2.2 Payment for all services provided for a fixed annual term, shall be paid in advance. The contract will automatically renew on its anniversary date, and continue for successive further 12 months, unless terminated in accordance with these General Terms and Conditions.
2.3 Please be aware that unless you terminate the Services in accordance to clause 3 below, the services will automatically renew on the anniversary date of the contract for a successive contract term. You will be responsible for a further 12 months prices. If you choose to terminate the Services any time after the anniversary date of the contract, you will still be required to pay the prices for the remaining period of the current term of the contract.
3.1 You are entitled to cancel the Services by submitting a cancellation request to our contact email address no less than 30 days prior to the anniversary date of the contract term.
3.2 Kgtech reserves the right to cancel and/or suspend your Service at any time without notice if you breach these General Terms and Conditions and/or Service specific Terms & Conditions.
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that Kgtech cancels your Service for reasons other than your breach of contract, you will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
4.3 If you contravene your Agreement with Kgtech, a refund will not be issued in the event of a cancellation.
5.1 All Services must be paid for in advance in accordance with the specific provisions of that Service.
5.2 Payment will be due on the basis of the Service you have selected. If you have purchased Services on an annual term, you will be required to pay annually.
5.3 You will be automatically charged the Price again on the anniversary date of the contract term unless you have cancelled the Services (see cancellation procedure in clause 3 above). Payment of the Price will be invoiced 14 days prior to the anniversary date of the contract term.
5.4 Kgtech reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. The new Price will be charge upon renewal of the Service, at the end of the current term.
5.5 All payments must be made in Euros, inclusive of applicable taxes.
5.6 Kgtech reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a 20€ administration charge. You are responsible for any additional costs incurred by Kgtech in the collection of outstanding debt.
5.7 If You fail to pay all Prices due, Kgtech reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to Kgtech.
6.1 Kgtech does not backup your data beyond what has been advertised in your plan and Kgtech cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Kgtech.
6.2 Kgtech makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
6.3 We reserve the right to change these Terms or any specific Service Terms at any time. Any such change will be effective once reflected in the text of these Terms and published on this Web page. You should check these Terms periodically to ensure that you are aware of and complying with the current version.
7.1 Kgtech shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, negligence, error or omission made by You or on Your behalf.
7.2 Kgtech will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise.
7.3 Kgtech will not be liable if Kgtech does not fulfil any obligations towards You at all as a result of:
8.1 Kgtech shall give the buyer a guarantee of the faultlessness of the product to the extent that the product manufacturer/supplier has issued it. Kgtech shall undertake to correct any faults in raw material and manufacture - either by restoring the faulty products to good condition, or by supplying new, faultless replacement products without charge.
8.2 You must return any faulty products to Kgtech for inspection without delay. You must join any relevant information such as copy of purchase proof, product number and defect details.
8.3 The guarantee shall not cover any damage that is due to incorrect storage, handling or use, or to an error in design, dimensioning etc., or to normal wear or to changes made in the product.
8.4 The costs of returning faulty products shall Your responsibility, and the costs of delivering the repaired products or new replacement products Kgtech’s responsibility.
8.5 The guarantee for a replacement or repaired product will correspond to that of the original delivery with the addition of the time during which it has not been possible to use the goods due to the fault.
8.6 Kgtech’s liability for a fault in the goods shall be limited to the guarantee, and Kgtech shall not be obligated to give compensation for any indirect damage.
9.2 It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Kgtech is not responsible for any data losses or security issues due to stolen passwords. Kgtech recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).
8.3 Please note that whilst Your email is primarily used for billing purposes, Kgtech reserves the right to email You information about enhancements to Kgtech’s systems and product offerings. If that was to happen, You would be offered a way to unsubscribe from such communications.
You must comply with your own responsibilities under relevant data protection laws.
Any disputes that may arise concerning the transaction should in the first place be settled between the parties to the Agreement. In the event that no settlement can be reached, the disputes shall be settled at the District Court of Western Uusima in accordance with Finnish law.