Terms of Service - Kinstart

1. Acceptance of Terms

By accessing and using Kinstart's website and services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services. These terms apply to all users, clients, and visitors of our services.

2. Service Description

Kinstart provides comprehensive IT consulting, cybersecurity, web development, and cloud solutions. Our services include but are not limited to:

Cybersecurity consulting, assessments, and implementation
Web development and design services
Cloud infrastructure solutions and migration
IT strategy and consulting services
Technical support and maintenance
Security audits and penetration testing
Digital transformation consulting

3. Service Level Agreements (SLAs)

We are committed to providing quality service with the following standards:

Response Times: Initial response to critical issues within 4 business hours, non-critical issues within 24 business hours
Business Hours: Monday-Friday, 9:00 AM - 6:00 PM EET (Estonian Time)
Emergency Support: Available for critical security incidents with 24/7 emergency contact
Planned Maintenance: Scheduled maintenance will be communicated at least 48 hours in advance
Service Availability: We strive for 99.9% uptime for hosted solutions, excluding planned maintenance

4. Cybersecurity Services Disclaimers

Important Security Limitations:

Point-in-Time Assessments: Security assessments reflect the state of systems at the time of evaluation and may not account for future vulnerabilities
No Absolute Security: No security system is 100% secure. We cannot guarantee prevention of all security breaches or cyber attacks
Implementation Responsibility: Clients are responsible for implementing security recommendations in a timely manner
Testing Limitations: Penetration testing and vulnerability scans may not identify all potential security issues
Third-Party Dependencies: Security effectiveness may depend on third-party systems and services beyond our control
Evolving Threats: Cyber threats continuously evolve; regular reassessment is recommended

5. Payment Terms and Conditions

Payment terms are as follows:

Payment Terms: NET 30 days from invoice date unless otherwise specified in writing
Currency: All payments in Euros (EUR) unless otherwise agreed
Late Payments: Overdue amounts incur 1.5% monthly interest charge (18% annually)
Project Payments: May require deposits or milestone payments as specified in project agreements
Refund Policy: Refunds considered on case-by-case basis for undelivered services only
Disputed Invoices: Must be reported within 15 days of invoice date
Suspension of Services: Services may be suspended for accounts 45+ days overdue

6. Data Protection and Privacy (GDPR Compliance)

We are committed to protecting your data in accordance with EU GDPR and Estonian data protection laws:

Data Processing: We process personal data only as necessary to provide our services
Data Retention: Client data retained for the duration of our business relationship plus 7 years for legal compliance
Data Security: We implement appropriate technical and organizational measures to protect your data
Data Transfers: Any international data transfers comply with GDPR requirements
Your Rights: You have the right to access, rectify, erase, or port your personal data
Data Breaches: We will notify you within 72 hours of any data security incident affecting your data
Privacy Policy: Detailed data handling practices are outlined in our Privacy Policy

7. Project Management and Change Control

Project execution follows structured change management:

Scope Definition: All projects begin with clearly defined scope and deliverables
Change Requests: Scope changes require written approval and may adjust timeline and costs
Testing and Acceptance: Clients have 7 business days to test and accept deliverables
Bug Fixes vs. Enhancements: Bug fixes (functionality not working as specified) provided at no charge; enhancements are billable
Project Documentation: We provide project documentation and knowledge transfer upon completion
Timeline Dependencies: Project timelines depend on timely client feedback and approval

8. Client Responsibilities and Cooperation

Successful service delivery requires client cooperation:

Information Accuracy: Providing accurate, complete, and timely information and materials
Access and Permissions: Granting necessary access to systems, accounts, and personnel
Backup Responsibilities: Maintaining appropriate backup systems and disaster recovery plans
Security Implementation: Following security recommendations and best practices
Legal Compliance: Ensuring compliance with applicable laws and industry regulations
Decision Making: Providing timely decisions and approvals to maintain project schedules
Communication: Maintaining open communication channels and designated project contacts

9. Intellectual Property Rights

Intellectual property ownership is defined as follows:

Custom Solutions: Bespoke code and solutions become client property upon full payment
Pre-existing IP: Our tools, methodologies, frameworks, and templates remain our property
Third-Party Licenses: Clients responsible for obtaining necessary third-party software licenses
General Knowledge: We retain the right to use general knowledge, techniques, and experience gained
Client Materials: Clients retain ownership of their data, content, and existing IP
License Grants: Clients grant us license to use their materials solely for providing contracted services

10. Third-Party Services and Dependencies

Our services may integrate with third-party systems:

Cloud Providers: We are not liable for outages or issues with cloud service providers (AWS, Azure, Google Cloud, etc.)
Software Dependencies: Third-party software compatibility and functionality is not guaranteed
API Limitations: Third-party API changes may affect service functionality
License Compliance: Clients responsible for compliance with third-party license terms
Integration Support: We provide best-effort support for third-party integrations but cannot guarantee compatibility
Data Processing: Third-party services may have their own data processing and privacy policies

11. Confidentiality and Non-Disclosure

We maintain strict confidentiality regarding all client information:

Confidential Information: All client data, business information, and project details are strictly confidential
Non-Disclosure: We will not disclose confidential information to third parties without written consent
Employee Obligations: All team members are bound by confidentiality agreements
Exceptions: Disclosure may occur when required by law or court order
Duration: Confidentiality obligations survive termination of our business relationship
Security Measures: We implement appropriate security measures to protect confidential information

12. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control:

Covered Events: Natural disasters, pandemics, government actions, wars, terrorism, cyber attacks on critical infrastructure
Internet/Power Outages: Major internet or power outages affecting service delivery
Notification: We will promptly notify clients of force majeure events
Mitigation: We will use reasonable efforts to minimize impact and resume services
Alternative Delivery: May implement alternative service delivery methods when possible
Timeline Adjustment: Project timelines may be adjusted for force majeure delays

13. Limitation of Liability

Our liability is limited as follows:

Total Liability: Our total liability is limited to the amount paid for services in the 12 months preceding the claim
Excluded Damages: We are not liable for indirect, incidental, consequential, or punitive damages
Business Interruption: Not liable for lost profits, business interruption, or loss of business opportunities
Data Loss: Not liable for data loss unless directly caused by our gross negligence
Security Breaches: Liability for security incidents limited to direct costs of incident response
Third-Party Claims: Not liable for claims arising from third-party services or software

14. Warranties and Disclaimers

Service warranties and limitations:

Professional Standards: We provide services with professional care and skill according to industry standards
No Guarantee: We cannot guarantee specific business outcomes or results
As-Is Basis: Services provided "as is" without warranty of merchantability or fitness for particular purpose
Correction of Errors: We will correct errors in our work at no additional charge
Performance Warranty: 90-day warranty on custom development work for defects in workmanship
Third-Party Disclaimer: No warranties for third-party software, services, or platforms

15. Termination

Either party may terminate services under the following conditions:

Notice Period: Either party may terminate with 30 days written notice
Immediate Termination: For material breach of contract after 7 days written notice to cure
Payment Upon Termination: All outstanding payments become immediately due
Work Product Delivery: Work completed to date will be delivered upon payment of outstanding amounts
Data Return: Client data will be returned or destroyed as requested within 30 days
Continuing Obligations: Confidentiality and payment obligations survive termination

16. Dispute Resolution

Disputes will be resolved through the following process:

Negotiation: Initial attempt to resolve disputes through good-faith negotiation
Mediation: If negotiation fails, disputes will be submitted to mediation in Tallinn, Estonia
Arbitration: Final disputes resolved through binding arbitration under Estonian Chamber of Commerce rules
Governing Law: These terms are governed by the laws of Estonia
Jurisdiction: Estonian courts have exclusive jurisdiction for any legal proceedings
Language: All proceedings will be conducted in English or Estonian

17. Changes to Terms

We may modify these terms under the following conditions:

Notification: Changes will be posted on our website and emailed to active clients
Effective Date: Changes become effective 30 days after notification
Continued Use: Continued use of services constitutes acceptance of modified terms
Objection Rights: Clients may terminate services if they object to material changes
Version Control: Previous versions of terms available upon request

18. Contact Information

For questions about these terms or our services, please contact us:

Email: info@kinstartdigital.com
Phone: +372 (589) 85717
Business Address: Tallinn, Estonia
Emergency Contact: Available 24/7 for critical security incidents
Data Protection Officer: privacy@kinstartdigital.com
Business Hours: Monday-Friday, 9:00 AM - 6:00 PM EET