×
Terms and Services
1. Scope
These terms govern consulting and related services supplied by Akamez Solutions SL to business clients. A statement of work or order form sets deliverables, timelines, and fees.
2. Engagement model
- Time and materials or fixed price as stated in writing.
- Client will provide access, information, and stakeholders needed to perform the work.
- Changes to scope require written agreement and may adjust fees and dates.
3. Fees and payment
- Invoices are due within 15 days unless stated otherwise.
- Late payments accrue statutory interest and recovery costs as permitted by law.
- Taxes, duties, and withholdings are borne by the client unless a valid exemption applies.
4. Intellectual property
- Pre‑existing IP of each party remains that party’s property.
- Unless the statement of work says otherwise, project deliverables are licensed to the client for internal business use on a perpetual, non‑exclusive, worldwide basis upon full payment.
- Akamez may reuse generic know‑how, templates, and non‑confidential methods.
5. Confidentiality
- Each party will protect the other’s confidential information and use it only to perform the services.
- Exclusions include information that is public, already known, independently developed, or required to be disclosed by law.
- Duties continue for five years after disclosure, and indefinitely for trade secrets.
6. Data processing
If Akamez processes personal data for the client, the parties will execute a data processing addendum compliant with GDPR and Spanish LOPDGDD 3/2018.
7. Warranties
- Akamez will perform services with reasonable skill and care.
- No warranty that deliverables will be error‑free or achieve a specific business outcome unless expressly agreed.
8. Liability
- Neither party excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
- Subject to the above, each party’s aggregate liability is limited to the fees paid or payable for the affected statement of work in the 12 months before the claim.
- Neither party is liable for indirect, special, or consequential loss, loss of profit, revenue, data, or business interruption.
9. Term and termination
- Either party may terminate for material breach not cured within 14 days of notice.
- Either party may terminate for convenience on 30 days’ notice if permitted by the statement of work, with payment for work done and committed costs.
- On termination, each party returns or destroys the other’s confidential information on request.
10. Non‑solicitation
During the engagement and for six months after, neither party will solicit for employment the other party’s assigned personnel without consent. General advertising is allowed.
11. Compliance
Each party will comply with applicable laws, including export controls, anti‑bribery rules, and sanctions.
12. Subcontracting
Akamez may use vetted subcontractors and remains responsible for their work.
13. Force majeure
No liability for delay or failure caused by events beyond reasonable control. Timeframes extend by the period of impact.
14. Governing law and venue
Spanish law governs. Courts of Málaga have exclusive jurisdiction, subject to mandatory law.
15. Order of precedence
If terms conflict, the order is: data processing addendum, statement of work, these terms.
16. Notices
Notices are sent by email to admin@akamez.org and to the client’s notified address.
17. Entire agreement
These terms and the statement of work form the entire agreement. No reliance on pre‑contract statements.
18. Updates
We may update these terms. The version in force at the statement of work date applies unless the parties agree otherwise.
Version: 2025‑08‑15