Terms of Service

These Terms of Service govern access to the website at www.aktatreasures.lol and the professional services provided by AKTA TREASURES, LLC, a company at 4244 S 4000 W, West Valley City - 84120-5340, United States (US). By using the website, by submitting an enquiry, or by engaging the practice, you agree to these terms. Please read them carefully before proceeding. If you do not agree with any part of these terms, you should not use the website or engage the services. Questions may be directed to shop@aktatreasures.lol or to +12799994093.

1. Acceptance of Terms

Accessing this website, sending a message through the contact form, or instructing the practice to begin work constitutes acceptance of these Terms of Service. Acceptance applies from the moment of first use unless a separate written agreement has been signed, in which case the signed agreement prevails where it conflicts with these terms.

Where these terms are accepted on behalf of an organisation, the person accepting confirms that they have authority to bind that organisation. If authority is later found to be absent, the individual who accepted remains responsible for the obligations created.

These terms apply alongside the Privacy Policy, which explains how personal information is handled. The Privacy Policy forms part of the overall agreement between the practice and the user, and it should be read together with these terms.

2. Definitions

In these terms, the practice refers to AKTA TREASURES, LLC. The client refers to any person or organisation that engages the practice or uses the website. Services refers to the systems design, architecture, integration, security, data and programme management work described on the website and any related professional activity. Deliverables refers to the documents, designs, code, configurations and reports produced by the practice during an engagement.

Engagement agreement refers to a written proposal, statement of work, master services agreement or purchase order that describes work to be performed, the fees payable and the timescales that apply. Confidential information refers to non public information disclosed by either party in connection with an engagement, whether marked as confidential or not.

Business day means a day other than a Saturday, a Sunday or a public holiday in the State of Utah. Writing includes email unless a specific clause requires a signed document.

3. Scope of Services

The practice provides computer systems design and related professional services, including systems design consultancy, enterprise software architecture, information technology infrastructure integration, network and security engineering, data platform modernisation and technical programme management. The specific services to be delivered in any engagement are described in the applicable engagement agreement.

The website describes the services in general terms for information only. Descriptions on the website do not constitute an offer, and no engagement exists until an engagement agreement takes effect. The practice may decline any request, decline to continue a discussion, or propose a different scope if the requested work falls outside its expertise or capacity.

The practice may use subcontractors or associates to perform part of an engagement, provided that the practice remains responsible for the work and that any subcontractor is bound by confidentiality and security obligations at least as protective as those in the engagement agreement.

4. Eligibility and Authority

The website and services are intended for use by businesses and professional organisations. By using the website or engaging the practice, the user confirms that they are at least eighteen years old and that they have the legal capacity to enter into a binding agreement.

Where the user acts for a company, partnership, public body or other organisation, the user confirms that they are authorised to act on that organisation behalf and that the organisation will be bound by these terms. The practice may request written evidence of authority before beginning work.

The practice may refuse access to the website or decline to provide services to any person or organisation at its discretion, including where it suspects unlawful activity, a conflict of interest or a risk to its professional standing.

5. Engagement Agreements

Each engagement is governed by a written agreement that sets out the scope, the deliverables, the schedule, the fees and the assumptions on which the estimate depends. The engagement agreement may take the form of a signed statement of work, an exchange of emails that clearly records the agreed terms, or a purchase order accepted in writing by the practice.

Where a client issues a purchase order or similar document containing terms that conflict with these terms or with the engagement agreement, the practice terms prevail unless the practice expressly agrees otherwise in writing signed by a principal.

Changes to scope are handled through a written change request. The practice will describe the effect of the change on cost, schedule and risk before proceeding. Work on a change begins only after the client approves the change request in writing, except where the practice agrees in advance to proceed on a time and materials basis.

6. Client Responsibilities

The client agrees to provide accurate information, timely access to systems and personnel, and prompt decisions where a decision is required. Delays in providing access, information or decisions may affect the schedule and may increase cost, and the practice reserves the right to adjust the plan accordingly after informing the client.

The client is responsible for ensuring that it has the right to grant the practice access to any system, dataset or third party service that the engagement touches. The client must inform the practice of any contractual restriction, regulatory requirement or security constraint that applies to the work.

The client is responsible for maintaining its own backups and for testing any change in a non production environment before deploying it, unless the engagement agreement expressly assigns those tasks to the practice. The client remains responsible for the operation of its own business and for decisions taken on the basis of advice provided by the practice.

7. Fees, Invoicing and Payment

Fees are stated in the engagement agreement and may be charged on a fixed price, milestone or time and materials basis. Unless stated otherwise, fees are exclusive of taxes, which are added where required by law. Expenses incurred with the client approval, such as travel and third party licences, are charged at cost.

Invoices are issued according to the schedule in the engagement agreement and are payable within thirty days of the invoice date unless a different period is agreed. The practice may charge interest on overdue amounts at the rate permitted by law and may suspend work where an invoice remains unpaid after a written reminder.

Fees quoted for future work may be adjusted if the scope changes, if the assumptions in the engagement agreement prove incorrect, or if the cost of third party components changes materially. The client will be informed before any such adjustment takes effect.

Where the practice agrees to a fixed price, the price is based on the assumptions recorded in the engagement agreement. If those assumptions prove wrong and the change is material, the parties will agree an adjustment in writing before the affected work continues.

8. Intellectual Property

The practice retains ownership of its pre existing methods, templates, tools and know how, and of any general knowledge developed during the course of its work. The client receives a perpetual, worldwide licence to use those materials to the extent they are embedded in the deliverables provided to the client.

Upon full payment of the fees for an engagement, the client receives ownership of the deliverables created specifically for that engagement, unless the engagement agreement states otherwise. Where a deliverable incorporates third party components or open source software, the licence terms of those components apply to the relevant parts.

Neither party may use the other party name, logo or trademarks in public material without written permission. The practice may describe the nature of its work in general terms, such as a sector and a capability, without identifying the client unless the client agrees.

9. Deliverables and Acceptance

Deliverables are provided in the format described in the engagement agreement. Where an acceptance process is agreed, the client reviews each deliverable and provides written acceptance or a written list of deficiencies within the period stated. If the client does not respond within that period, the deliverable is treated as accepted.

Where deficiencies are identified, the practice corrects them within a reasonable time and resubmits the deliverable for review. Acceptance is not withheld unreasonably, and minor items that do not affect the agreed functionality are handled as follow up items rather than as a reason to reject the whole deliverable.

After acceptance, further changes are handled as a new engagement or as a change request under the original agreement. The practice is not obliged to make changes that fall outside the agreed scope, although it will usually propose a route to address them.

10. Confidentiality

Each party agrees to keep the confidential information of the other party confidential and to use it only for the purposes of the engagement. Confidential information may be disclosed to employees, subcontractors and advisers who need it, provided that each recipient is bound by confidentiality obligations at least as protective as those in these terms.

Confidential information does not include information that is already public, that becomes public without a breach of these terms, that was lawfully known before disclosure, or that is independently developed without reference to the confidential information. Where disclosure is required by law, the disclosing party will give as much notice as is lawfully possible so that protective steps can be considered.

These confidentiality obligations survive the end of an engagement for a period of five years, and indefinitely in respect of trade secrets and personal information. On request, each party will return or securely destroy confidential information that is no longer needed, subject to any legal or professional requirement to retain it.

11. Data Protection Obligations

Where the practice processes personal information on behalf of a client, it does so as a processor and acts only on the documented instructions of the client. The practice will implement appropriate technical and organisational measures, assist the client in responding to requests from individuals, and notify the client without undue delay if it becomes aware of a personal data breach affecting the engagement.

The client is responsible for ensuring that it has a lawful basis for the processing it instructs, for providing any required notices to individuals, and for the accuracy of the information it supplies. The practice will not process personal information for its own purposes except as described in the Privacy Policy.

On termination of an engagement, the practice will return or delete personal information as instructed by the client, subject to any legal requirement to retain it and subject to the record keeping obligations described in the Privacy Policy.

12. Warranties and Disclaimers

The practice warrants that it will perform services with reasonable skill and care and in accordance with applicable professional standards. The practice further warrants that it has the right to grant the licences described in these terms and that, to its knowledge, the deliverables do not infringe the intellectual property rights of a third party.

Except as expressly stated, the website and the services are provided without additional warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non infringement. The practice does not warrant that the website will be uninterrupted, error free or free of harmful components.

The practice does not warrant any particular business outcome, saving or performance improvement, because such results depend on factors outside its control, including client decisions, third party systems and market conditions. Any performance expectation stated in a proposal is an estimate based on the assumptions recorded in that proposal.

13. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, loss of revenue, loss of data or loss of business opportunity, arising out of or in connection with an engagement, even if the party was advised of the possibility of such loss.

The total aggregate liability of the practice arising out of or in connection with an engagement is limited to the total fees paid by the client to the practice under the relevant engagement agreement during the twelve months preceding the event giving rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, for wilful misconduct, or for death or personal injury caused by negligence. The limitations in this section apply regardless of the legal theory on which a claim is based and survive the end of the engagement.

14. Indemnification

The client agrees to indemnify and hold harmless the practice against claims, losses, costs and expenses arising from information or materials supplied by the client that infringe the rights of a third party, from the client use of a deliverable in a manner not contemplated by the engagement agreement, or from the client breach of these terms.

The practice agrees to indemnify and hold harmless the client against claims that a deliverable, used as intended and in accordance with the engagement agreement, infringes a third party intellectual property right, provided that the client notifies the practice promptly and allows the practice to control the defence.

If an infringement claim is made or is likely, the practice may obtain the right for the client to continue using the deliverable, replace or modify the deliverable so that it no longer infringes while retaining equivalent functionality, or refund the fees paid for the affected deliverable. This remedy set is the client exclusive remedy for third party infringement claims.

15. Termination and Suspension

Either party may terminate an engagement for convenience on thirty days written notice, in which case the client pays for work performed and for commitments reasonably incurred up to the effective date of termination. Either party may terminate immediately if the other party commits a material breach and fails to remedy it within fifteen days of written notice.

The practice may suspend work or terminate an engagement immediately if the client fails to pay an undisputed invoice, if the client requests work that would require the practice to act unlawfully or unethically, or if continuing the engagement would create a conflict of interest that cannot be managed.

On termination, the practice will deliver work in progress and any completed deliverables for which fees have been paid, and each party will return or destroy confidential information as provided in these terms. Clauses concerning confidentiality, intellectual property, liability, indemnity and governing law survive termination.

16. Force Majeure

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, failure of a public network, cyber attack on a third party, or an act of government. The affected party will notify the other promptly and will use reasonable efforts to resume performance.

If a force majeure event continues for more than sixty days, either party may terminate the affected engagement on written notice without liability for the unperformed portion. Fees already earned and commitments reasonably incurred remain payable.

The practice will maintain business continuity arrangements appropriate to the services it provides, but it does not guarantee that a force majeure event will not affect delivery. Where possible, the practice will propose alternative working arrangements while the event continues.

17. Acceptable Use of the Website

Visitors may use the website for lawful purposes only. The following are prohibited: attempting to gain unauthorised access to the website or its underlying systems, introducing malicious code, scraping content in a manner that degrades service, sending unsolicited commercial messages through the contact form, and misrepresenting identity or affiliation.

The practice may monitor use of the website to protect its systems, to investigate suspected misuse and to comply with legal obligations. Monitoring is limited to what is necessary for those purposes and is carried out consistently with the Privacy Policy.

The practice may block access, remove content or report conduct to the relevant authority where it reasonably believes that the website is being misused. The practice is not obliged to monitor all activity and does not accept liability for content provided by third parties.

18. Third Party Materials

Deliverables and the website may include third party software, libraries or content. Such materials are provided under the terms set by their owners, and the client is responsible for complying with those terms, including any licence conditions, attribution requirements or usage restrictions.

The practice is not responsible for the acts and omissions of third party providers, including cloud platforms, telecommunication carriers and software vendors. Where a third party service fails or changes its terms, the practice will work with the client to find a reasonable alternative but is not liable for the consequences of the third party action.

Where the practice resells or passes through a third party licence, the client agrees to be bound by the terms of that licence and to pay the applicable fees. The practice will make the relevant terms available before the licence is acquired.

19. Governing Law and Disputes

These terms and any dispute arising out of or in connection with them are governed by the laws of the State of Utah, United States, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah, unless another forum is agreed in writing.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good faith discussion at a senior level. A party wishing to escalate will give written notice describing the dispute, the outcome sought and the legal and commercial basis for the claim.

Nothing in this section prevents either party from seeking urgent injunctive relief where necessary to protect its rights, and nothing prevents a party from bringing a claim in a small claims court where the amount and the nature of the dispute make that appropriate.

20. Changes to These Terms

The practice may update these terms to reflect changes in law, in its services or in the way it operates. The date at the top of the page indicates when the current version took effect. Material changes will be communicated through a prominent notice on the website and, where an engagement is ongoing, by direct communication to the client.

Continuing to use the website or continuing an engagement after a change takes effect indicates acceptance of the revised terms. Where a client does not agree with a change, the client may terminate an ongoing engagement in accordance with the termination clause, and the version of the terms in effect at the start of that engagement will govern work already performed.

Previous versions of these terms are retained in the engagement archive and may be requested from shop@aktatreasures.lol.

21. Contact Information

Questions about these terms may be sent to AKTA TREASURES, LLC by email at shop@aktatreasures.lol, by telephone at +12799994093, or by post at 4244 S 4000 W, West Valley City - 84120-5340, United States (US). The practice aims to respond promptly to all enquiries about these terms or about any engagement.

The practice welcomes clear feedback on these terms. Comments from clients and visitors help to keep the terms accurate and workable, and every suggestion is read by a principal before any change is made. Where a concern cannot be resolved directly, the escalation route described in the governing law section remains available.