TERMS AND CONDITIONS
Between iQuantis s.r.o., and the client
A.) SELLER: iQuantis s.r.o., Mlynské nivy 18890/5, 811 09 Ružinov Bratislava, Slovakia, in the following also referred to as “IQUANTIS”
and
B.) CLIENT, a business buying services from IQUANTIS.
1.) Services
These Terms cover all services rendered by IQUANTIS as described in the latest versions of IQUANTIS publications, on www.iquantis.com, and in individual offers, even if these Terms are not explicitly mentioned therein.
2.) Calculation of Fees & Payments
For Web- and programming projects and support, fees will be calculated on an hourly or daily basis as communicated electronically by email or in a written offer. If a fix price offer will only cover part of the needs, hourly rates apply for additional work. Fees are calculated in minimum increments of 30 minutes. If not agreed otherwise, a 25% down payment is due prior to the beginning of the work by IQUANTIS. The difference is due at the completion and handover of the work. If a project takes longer than one month, the monthly share of the work is due at the end of each month.
The estimated working time for completion of the work cannot be guaranteed by IQUANTIS, particularly as the requirments of the CLIENT can change during time IQUANTIS is working at that requirement or the scope of the requirement originally had not been communicated clearly to IQUANTIS.
iQuantis code and design is presented on its cloud servers and is only migrated to the client’s servers upon receipt of payments for all IQUANTIS invoices.
3.) Service Level and Reaction Times
Out of office hours, IQUANTIS reacts according to separately agreed Service Level Agreements. During opening hours Mo-Fr 09-17:00 (except on Slovak bank holidays) if not agreed otherwhise, IQUANTIS reacts within 24 hours after receiving an order, suggesting a date and time when the problem will be solved and to give an estimate about the work hours needed. IQUANTIS guarantees to keep the start of the work with a 95% probability. IQUANTIS will try with due care to meet the time requirements of the CLIENT if those requirements can be expected to be reasonable and according to current market conditons.
When prioritizing client requests, IQUANTIS is working with 3 service levels:
i. Service Level 1: Low priority, timing of the service is not critical to the client’s business
ii. Service Level 2: Normal priority, the timing of the service plays a certain role for the client’s business
iii. Service Level 3: High priority, the timing is critical to the business success of the client, any delay can cause considerable damage to the client
iv. On top of the service levels there is also an agreed level where IQUANTIS and the CLIENT clarify the urgency and find agreement over a reasonable timing;
4.) Data Protection
IQUANTIS, and the team members of IQUANTIS undertake to comply with the latest data protection reguations. IQUANTIS stores the general data of its clients such as title, first name, last name, date of birth, company, address, place, requests, payment details, offers, and invoices. The data is stored with secure cloud providers such as Zoho or Google. If needed, IQUANTIS will also store configuration data of softwares. Third party data, shared by the CLIENT with IQUANTIS is only stored in the required amount and for the duration of the project. The data is not being passed to third parties except the bespoke trusted cloud providers of which IQUANTIS can provide you with a list at any time.
iQuantis is storing the data with due care and according to the latest technical standards to prevent loss or unauthorized access. However, IQUANTIS cannot be held liable if a third party manages to access and uses the data in an unlawful way. This also applies to a temporary unavailability of data due to software errors or interruption of third party services such as internet providers.
5.) Termination
IQUANTIS reserves the right to withdraw an offer anytime without explanations, in particular if the CLIENT:
a) Is late with the payment of open invoices, and does not pay the full open amount after a reminder and an additional term of 14 days;
b) Acts against agreed terms
c) Comitted important information at the time of ordering or signing a contract with IQUANTIS that would have prevented IQUANTIS to enter into a business relationship with the client;
d) makes it impossible for IQUANTIS to complete its work;
e) is in bancrupcy proceedures, such proceedures become known or such proceedures are not accepted by the court due to a lack of assets.
In the case an agreement cannot be kept by IQUANTIS due to factors from outside IQUANTIS‘ sphare of influence, prepaid amounts cannot be claimed back by the CLIENT, and the CLIENT has no right for damages.
6.) Warranty
At completion of a project the CLIENT is obliged to communiate all defects withing two weeks after completion in one email to IQUANTIS. The first such email is counted as the first correction. Additional mails are counted as additional corrections.
IQUANTIS delivers its services in the scope that is possible under the given technical conditions. And guarantees the performance of own code as can be reasonably expected by the CLIENT. IQUANTIS however cannot warrant the performance of integrated third party solutions.
If not agreed otherwise, liability period is 6 months from completion date. Defects covered by the warranty will be either repaired by IQUANTIS or remedied by a comparable solution which reasonably fulfills the business purpose of the client.
If a defect cannot be attributed to an error of IQUANTIS, this warranty does not apply.
7.) Liability
IQUANTIS limit of liability euqals the amount invoiced by IQUANTIS to the CLIENT that has been paid by the CLIENT for the corresponding project. IQUANTIS provides its services according to industry standards, and cannot be held liable beyond the own services. In particular, IQUANTIS is not liable for damages or loss of data due to an issue with third party integrations or thirdparty providers. IQUANTIS does not keep copies of its work by default beyond project delivery to the client server and cannot be held liable if code gets lost with the provider of the CLIENT. IQUANTIS expects the CLIENT to keep a backup of the delivered project. After project handover to the CLIENT, IQUANTIS is no longer liable for any changes made to the code.
IQUANTIS cannot be held liable for not keeping reaction times or for the availability of servieces at a particlular time.
IQUANTIS is not liable for consequential damages, loss in profit or interest.
Any liability by IQUANTIS is ruled out if the client is late with payments to IQUANTIS.
8.) Hiring of IQUANTIS experts
IQUANTIS is working with a big pool of experts whose search, training, coordination and quality management constitute a considerable cost to IQUANTIS. IQUANTIS is aware that the CLIENT or persons in the environment of the CLIENT might have an interest to hire or directly work with team members of IQUANTIS. In case the CLIENT or affiliated companies or people work with an IQUANTIS expert without the written consent of IQUANTIS, IQUANTIS will invoice a training fee of EUR 20,000. If it happens with the written consent of IQUANTIS, the fee is being reduced to EUR 10,000.
9.) Other
IQUANTIS reserves the right to name the CLIENT as a reference orally or in writing to potential new clients, as long as the CLIENT does not request anonymity in writing or an NDA prohibits IQUANTIS from doing so.
Changes to these terms are considered published as soon as they can be downloaded on www.iquantis.com
Place of jurisdiction is Bratislava. These Terms are subject to the laws of the Slovak Republic.