1. The Parties
Service Provider: KernByte Solutions SIA, Reg. No 40203737822, registered at Brīvības iela 111 - 36, Ogre, Ogres nov., LV-5001, Latvia, represented by director Vladislavs Jermakovics (“the Company”).
Client: any individual or legal entity that engages the Company for services or uses the Company's website.
2. Services
The Company provides software engineering, cloud solutions, IT strategy consulting and automation services. The specific scope, deliverables, timeline and fees for each engagement are defined in a signed proposal or statement of work (“SOW”).
3. Engagement & Acceptance
- A project is considered accepted when the SOW is signed and the initial deposit is paid.
- Project start is scheduled within a mutually agreed timeframe after acceptance.
- Requirements outside the initial SOW scope are handled via a written change request.
4. Fees and Payment
- Prices are listed in euros (€) and, unless stated otherwise, exclude VAT where applicable.
- Fixed-price packages require a 50% deposit before work begins and 50% upon delivery.
- Custom engagements follow the payment schedule set in the SOW.
- Invoices are payable via SEPA transfer within 14 calendar days of issuance.
- Late payments may incur statutory interest as permitted by Latvian law.
5. Client Responsibilities
The Client agrees to:
- Provide timely, accurate information and feedback.
- Make available all necessary assets, credentials and approvals.
- Nominate a single point of contact for project communications.
- Pay invoices per the agreed schedule.
6. Intellectual Property
- Upon full payment, ownership of deliverables created specifically for the Client transfers to the Client.
- The Company retains ownership of its pre-existing tools, libraries and frameworks, which are licensed to the Client on a non-exclusive basis.
- Third-party software included in deliverables remains subject to its original license.
- The Company may reference the project in its portfolio unless otherwise agreed in writing.
7. Confidentiality
Both parties agree to maintain confidentiality of all non-public information exchanged during the engagement. Confidentiality obligations survive termination of the agreement.
8. Warranties & Disclaimer
The Company warrants that services will be performed with reasonable skill and care consistent with industry standards. Except as expressly stated, services are provided “as is” without additional warranties of any kind, express or implied.
9. Limitation of Liability
To the maximum extent permitted by law, the Company's total liability arising from or related to the services shall not exceed the total fees paid by the Client for the specific engagement during the 6 months preceding the claim. The Company shall not be liable for indirect, incidental or consequential damages.
10. Termination
- Either party may terminate for material breach if uncured within 14 days of written notice.
- Upon termination, the Client pays for all work completed up to the termination date.
- Provisions on IP, confidentiality and liability survive termination.
11. Governing Law
These Terms are governed by the laws of the Republic of Latvia. Any disputes will be submitted to the competent courts of Latvia, without prejudice to applicable EU consumer protection rules.
12. Contact
Questions regarding these Terms can be sent to Office@kernbytesolutions.com.