Terms and Conditions
1. Introduction
These terms and conditions ("Terms") govern the provision of software development and infrastructure services (collectively referred to as "Services") by Kickoff Works ("we," "us," or "our") to you, the client ("you" or "your"). By engaging our Services, you agree to be bound by these Terms.
2. Scope of Services
2.1. Software Development Services
We offer software development services including software architecture, development, maintenance, and documentation.
2.2. Infrastructure Services
Our infrastructure services include architecture design, management, cost management, and automations.
3. Service Engagement
3.1. Proposal Acceptance
Upon acceptance of our proposal or statement of work, a binding contract is formed between you and us, subject to these Terms.
3.2. Project Scope
The scope of work, deliverables, timelines, and any specific requirements shall be defined in the proposal or statement of work.
4. Payment
4.1. Fees
Fees for the Services shall be as set forth in the proposal or statement of work. Payment terms and methods will also be specified therein.
4.2. Expenses
Any additional expenses incurred in the provision of Services shall be mutually agreed upon in advance.
5. Intellectual Property
5.1. Ownership
Unless otherwise agreed upon, all intellectual property rights in deliverables produced during the provision of Services shall belong to you upon full payment.
5.2. License
We retain the right to use any pre-existing intellectual property, tools, or methodologies necessary for providing the Services, unless otherwise agreed upon.
6. Confidentiality
6.1. Confidential Information
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the engagement.
6.2. Non-Disclosure
We shall not disclose your confidential information to third parties without your prior written consent, except as required by law.
7. Liability
7.1. Limitation
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the provision of Services.
7.2. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your use of the Services or any breach of these Terms.
8. Termination
Either party may terminate the engagement upon written notice if the other party breaches any material provision of these Terms and fails to remedy such breach within a reasonable period.
9. Governing Law and Dispute Resolution
9.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Portugal.
9.2. Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved through good faith negotiations. If not resolved, they shall be submitted to arbitration in accordance with the rules of Arbitration Centre of the Portuguese Chamber of Commerce and Industry (CAC), with the venue in Lisbon, Portugal.
10. Miscellaneous
10.1. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.
10.2. Amendment
These Terms may only be amended in writing and signed by both parties.
11. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at projects@kickoffworks.com.
By engaging our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.