These Terms of Service (“Terms”) govern your access to and use of the ktechsol.com website and the services provided by KTech Solutions Limited (“KTech”, “we”, “us”). By using our website or engaging our services, you agree to these Terms.
1. Services
KTech provides AI agent development, workflow automation, AI integrations and RAG systems, AI strategy consulting, web design, web development, SEO, and related digital services. Specific scope, deliverables, timelines, and fees are set out in individual statements of work, proposals, or written agreements (“SOW”). In the event of a conflict between these Terms and an SOW, the SOW controls.
2. Eligibility and accounts
You must be at least 18 years old and have authority to bind your organisation to these Terms. If we issue credentials (e.g., for our admin or client portals), you are responsible for keeping them confidential and for all activity under them.
3. Fees and payment
- Fees are stated in each SOW, typically as fixed-fee milestones or monthly retainers.
- Unless stated otherwise, invoices are due within 14 days of issue.
- Late payments may incur interest at the statutory rate and may suspend work.
- Third-party costs (hosting, AI model usage, licences) are passed through at cost or at rates disclosed in the SOW.
4. Client obligations
Timely delivery depends on your input. You agree to provide accurate requirements, access to necessary systems and data, prompt reviews and approvals, and any assets we reasonably need. Delays or incomplete information from your side may shift timelines and impact fees.
5. Intellectual property
Upon full payment, custom deliverables created specifically for you under an SOW are assigned to you, excluding: (a) our pre-existing tools, libraries, and know-how; (b) open-source components, which remain under their original licences; and (c) third-party services and APIs. We retain a perpetual right to reuse generic patterns, methods, and techniques developed in the course of our work.
6. Confidentiality
Each party agrees to protect the other’s confidential information with the same care it uses for its own (and no less than reasonable care), to use it only for the purposes of the engagement, and to return or destroy it on request.
7. Warranties and disclaimers
We will perform services with reasonable skill and care. EXCEPT AS EXPRESSLY STATED, SERVICES AND THE WEBSITE ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI outputs are probabilistic and may contain errors; you are responsible for reviewing and validating outputs before relying on them in business decisions.
8. Limitation of liability
To the fullest extent permitted by law, KTech’s total aggregate liability arising out of or related to these Terms or any SOW will not exceed the fees paid to us in the three months preceding the event giving rise to the claim. We will not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption.
9. Indemnification
You agree to indemnify and hold harmless KTech from third-party claims arising out of (a) content or data you provide to us; (b) your use of deliverables in violation of law; or (c) your breach of these Terms.
10. Refunds
Our refund policy is set out on the Refund Policy page and forms part of these Terms.
11. Termination
Either party may terminate an SOW for material breach not cured within 14 days of written notice. On termination, you will pay for all work performed up to the effective date of termination, including approved expenses.
12. Third-party services
We integrate with third-party services (including AI model providers, CRMs, helpdesks, messaging platforms, and other business tools). Their availability, features, and pricing are outside our control. Your use of such services is governed by their terms.
13. Governing law
These Terms are governed by the laws of the Hong Kong Special Administrative Region, excluding conflicts-of-law principles. Courts of Hong Kong have exclusive jurisdiction, without prejudice to your non-waivable consumer rights under local law.
14. Changes
We may update these Terms from time to time. Continued use of the site or services after changes take effect constitutes acceptance. Material changes to active SOWs require written agreement.
15. Contact
Questions? Email [email protected].