Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Customer," or "you") and Etimtech, a company incorporated under Luxembourg law with registered office at 8, Route de Luxembourg L-6910 Roodt-sur-Syre LUXEMBOURG ("we," "us," "our," or "Etimtech").

By engaging our services, accessing our website, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use our services or website.

2. Company Information

3. Services Description

Etimtech provides professional IT consulting and advisory services, including but not limited to:

Specific service details, deliverables, and timelines will be outlined in individual service agreements or statements of work.

4. Service Agreement and Engagement

4.1 Engagement Process

Professional engagements typically follow this process:

1. Initial consultation and needs assessment
2. Proposal development and presentation
3. Service agreement execution
4. Project kick-off and delivery
5. Completion and follow-up

4.2 Service Agreements

Each engagement is governed by a specific service agreement that includes:

• Detailed scope of work and deliverables
• Timeline and milestones
• Fee structure and payment terms
• Responsibilities of both parties
• Performance criteria and acceptance procedures

5. Payment Terms and Fees

5.1 Fee Structure

Our fees are structured based on the nature and complexity of services:

5.2 Payment Terms

• Payment terms are typically net 30 days from invoice date
• Invoices are issued monthly or upon milestone completion
• Late payments may incur interest charges as permitted by Luxembourg law
• All fees are exclusive of applicable taxes (VAT, etc.)

5.3 Expenses

Pre-approved expenses incurred in connection with services (travel, software licenses, third-party services) will be billed separately with appropriate documentation.

6. Client Responsibilities

To ensure successful project delivery, clients are responsible for:

7. Intellectual Property

7.1 Client IP Rights

All intellectual property owned by the client prior to engagement remains the client's property. We respect and protect client confidential information and proprietary assets.

7.2 Etimtech IP Rights

Our pre-existing intellectual property, methodologies, tools, and know-how remain our property. This includes frameworks, templates, and general consulting approaches.

7.3 Work Product

Rights to specific deliverables and work products created during engagements will be defined in individual service agreements, typically granting clients usage rights while preserving our ability to use general knowledge and experience.

8. Confidentiality

We maintain strict confidentiality regarding all client information and typically execute separate Non-Disclosure Agreements (NDAs) for specific engagements.

9. Limitation of Liability

9.1 Service Limitations

Our services consist of professional advice and recommendations. Implementation decisions and outcomes remain the client's responsibility. We do not guarantee specific business results.

9.2 Liability Cap

To the maximum extent permitted by Luxembourg law, our total liability for any claims arising from services shall not exceed the total fees paid by the client for the specific engagement in question.

9.3 Excluded Damages

We shall not be liable for indirect, consequential, special, incidental, or punitive damages, including but not limited to lost profits, business interruption, or data loss, even if advised of the possibility of such damages.

10. Warranties and Disclaimers

10.1 Professional Standards

We warrant that our services will be performed in accordance with generally accepted professional standards and practices in the IT consulting industry.

10.2 Disclaimers

Except as expressly stated in service agreements:

• Services are provided "as is" without warranties of any kind
• We disclaim all implied warranties including merchantability and fitness for purpose
• We do not warrant that services will be uninterrupted or error-free
• Technology recommendations are based on information available at the time

11. Termination

11.1 Termination Rights

Either party may terminate a service engagement:

• For convenience with 30 days written notice
• Immediately for material breach (after 15 days to cure)
• Immediately for insolvency or bankruptcy
• As specified in individual service agreements

11.2 Effect of Termination

Upon termination, clients remain obligated to pay for services performed through the termination date. We will deliver completed work products and return confidential information as specified in agreements.

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including:

• Natural disasters, pandemics, or public health emergencies
• Government actions, regulations, or sanctions
• Labor disputes, strikes, or supply chain disruptions
• Cyber attacks, system failures, or telecommunications outages
• Other events commonly recognized as force majeure

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and all service agreements are governed by Luxembourg law, without regard to conflict of law principles.

13.2 Dispute Resolution

We encourage resolving disputes through direct negotiation. If unsuccessful:

1. Mediation through a Luxembourg-based neutral mediator
2. Arbitration under Luxembourg arbitration rules (if agreed)
3. Litigation in the competent courts of Luxembourg

14. General Provisions

15. Contact Information