Terms of Service

1. Who we are and what these terms cover

1.1 These terms apply only to customers we enter into an agreement with ("you"), for the services MB Kirstuko Mokslas ("kirmok", "we", "us") agrees to provide, such as hosting, infrastructure work and consulting, where our quote, order confirmation or agreement refers to them. They do not apply to visitors browsing this website.

1.2 We work with businesses, nonprofits and other organisations. By ordering from us you confirm that you act in the course of a business or an organisation's activities, not as a consumer.

1.3 If we have signed a separate written agreement with you, that agreement prevails over these terms where the two conflict. A quote or order confirmation we send you forms part of the agreement and prevails over these terms for the matters it covers. A data processing agreement between us prevails over these terms in matters of personal data.

1.4 Your own purchasing terms do not apply, even if we do not object to them separately.

2. Services

2.1 What we do for you is described in the quote, order confirmation or email in which we agree the work. Hosting services are described by the resources (computing, storage, bandwidth, applications) allocated to you.

2.2 We perform our services with reasonable skill and care, using free and open-source software where we can, on our own infrastructure in Vilnius, Lithuania, unless we agree otherwise.

2.3 We may use subcontractors and third-party providers, for example for backups or connectivity. We remain responsible towards you for their work. Where we process personal data on your behalf, we engage sub-processors only as our data processing agreement allows.

2.4 Consulting and infrastructure work is delivered on a time-and-materials basis unless a fixed price is agreed in writing. Estimates are not fixed prices unless we say so.

3. Ordering

3.1 An agreement is formed when you accept our quote or when we confirm your order, in either case in writing, including by email.

3.2 Changes to the scope of agreed work must be agreed in writing. Additional work is charged at the hourly rate we agreed with you or, failing that, at our standard rate current at the time.

4. Prices, invoicing and payment

4.1 All prices are in euros (EUR) and exclude VAT. VAT is added where Lithuanian and EU law require it.

4.2 Recurring services such as hosting and maintenance are invoiced monthly in advance unless agreed otherwise. Work charged by time is invoiced monthly in arrears, for the hours worked in the preceding month. Fixed-price work is invoiced as set out in the quote.

4.3 Invoices are payable within 14 days of the invoice date.

4.4 You can pay by bank transfer to the account stated on the invoice or, where we offer it, by credit or debit card through a card payment provider. Card details go directly to the provider and never reach our systems.

4.5 If you believe an invoice is wrong, tell us in writing within 14 days of receiving it. We will look into it and correct the invoice if needed. The undisputed part remains payable on the due date.

4.6 If you pay late, we may charge statutory interest and the statutory fixed recovery cost of EUR 40 per late invoice under the Lithuanian Law on the Prevention of Late Payment in Commercial Transactions.

4.7 If an invoice is more than 14 days overdue, we may suspend the services concerned until payment is received, after giving you written notice and at least 7 more days to pay. Suspension does not relieve you of the obligation to pay for the suspension period.

4.8 We may change the price of a recurring service with at least 30 days' written notice. If you do not accept the new price, you may cancel the service with effect from the date the new price would apply.

5. Term, cancellation and termination

5.1 Recurring services run for an indefinite term unless a fixed term is agreed. Either of us may cancel a recurring service with at least 30 days' written notice to the end of a billing period.

5.2 Either of us may terminate the agreement with immediate effect by written notice if the other party materially breaches it and, where the breach can be remedied, fails to remedy it within 14 days of being asked to.

5.3 We may terminate or suspend a service immediately if its use threatens the security or stability of our infrastructure, is unlawful, or exposes us to legal liability, and the risk cannot wait for the notice period. We tell you as soon as we reasonably can.

5.4 What happens to your data when a hosting service ends is set out in our agreement with you and, for personal data we process on your behalf, in our data processing agreement.

6. Refunds

6.1 Fees for services already provided and for billing periods that have already started are not refundable. This includes hosting periods in progress and hours already worked.

6.2 If we end a prepaid service without cause, that is for reasons other than those in sections 5.2 and 5.3, we refund the fees you have paid for the unused part of the period, pro rata.

6.3 Refunds are made to the original payment method, normally within 14 days of our confirmation.

6.4 If you have a question about a charge, contact us first at info@kirmok.net. We resolve most questions within a few business days.

7. Your responsibilities

7.1 You use our services lawfully and within any usage limits we agree. You must not use them to send unsolicited bulk email, distribute malware, attack other systems, infringe intellectual property, or host content that is illegal in Lithuania or in the European Union.

7.2 You keep your credentials confidential and tell us promptly if you suspect they have been compromised. You are responsible for actions taken with your credentials until you have notified us.

7.3 You are responsible for the content, applications and data you host with us, including their licensing and their compliance with the law.

7.4 Backup arrangements are set out in our agreement with you.

7.5 You give us the information and access we reasonably need to do the agreed work, and name a contact person who can take decisions on your behalf.

8. Availability, maintenance and support

8.1 We run our infrastructure with care and aim for high availability. Unless we have agreed a service level in writing, services are provided on a best-effort basis and we do not guarantee uninterrupted operation.

8.2 We may perform planned maintenance that interrupts a service. We announce it with reasonable notice, normally at least 48 hours, and schedule it outside regular business hours where we can. Urgent security maintenance may be performed without notice.

8.3 Support is available by email and phone on business days in Lithuania, 9:00 to 17:00 Vilnius time (EET/EEST). Support outside these hours and response-time commitments are available by agreement.

8.4 We inform you about incidents affecting your services as soon as we reasonably can. Personal data breaches are notified as set out in our data processing agreement.

9. Data protection and confidentiality

9.1 Where we process personal data on your behalf, for example data in applications we host for you, we do so as your processor under the GDPR. The GDPR requires a data processing agreement for this; we provide ours on request.

9.2 How we handle the contact details of the people we work with at your organisation is described in the privacy notice we give you with our agreement.

9.3 Each of us keeps confidential the non-public information we learn about the other in the course of the agreement, uses it only to perform the agreement, and discloses it only to people who need it for that purpose and are bound by confidentiality. This obligation continues for 3 years after the agreement ends, and for personal data and trade secrets for as long as the law protects them.

10. Intellectual property

10.1 You keep all rights to your data, content and applications. You grant us the rights we need to host and process them for you.

10.2 Deliverables we create specifically for you, such as configuration, scripts and documentation for your systems, are yours to use, modify and keep once paid for. Generic tools, templates and know-how that we bring to the work, or develop in a way that is not specific to you, remain ours, and you receive a non-exclusive licence to use them as part of the deliverables.

10.3 Open-source software we use or deliver is subject to its own licences, which take precedence for that software.

11. Liability

11.1 We are not liable for indirect or consequential loss, or for loss of profit, revenue or business.

11.2 Any limit on our liability for direct loss is set out in our agreement with you.

11.3 Nothing in these terms limits liability for intent or gross negligence, for death or personal injury, or for anything else that cannot be limited under Lithuanian law.

11.4 You indemnify us against third-party claims arising from the content, applications or data you host with us, or from your breach of section 7.

12. Changes to these terms

12.1 We may update these terms. We announce changes at least 30 days before they take effect, by email to the address we have for you and on this page. If you do not accept a change, you may cancel the affected recurring services with effect from the date the change would apply. Otherwise the new terms apply from that date. Changes to these terms do not change a signed agreement or data processing agreement, which can only be changed in writing.

12.2 Fixed-price work agreed before a change stays under the terms in force when it was agreed.

13. General

13.1 Notices between us are given in writing, which includes email. Our address for notices is info@kirmok.net; yours is the email address on your latest order.

13.2 Neither of us is liable for failure to perform caused by events beyond our reasonable control, such as power or network outages at the provider level, natural disasters or acts of public authorities, for as long as the event lasts. Payment obligations are not excused.

13.3 If part of these terms is held invalid, the rest remains in force, and the invalid part is replaced by a valid one closest in effect.

13.4 You may not transfer the agreement without our written consent. We may transfer it to a successor of our business, with notice to you.

13.5 These terms are written in English. If we provide a translation, the English version prevails.

14. Governing law and disputes

14.1 These terms and every agreement between us are governed by the laws of the Republic of Lithuania.

14.2 We try to settle disagreements amicably first: raise the issue with us in writing and we respond within 10 business days. If we cannot settle it within 30 days, the courts of Vilnius, Lithuania have exclusive jurisdiction.

15. Contact

MB Kirstuko Mokslas
Perkūnkiemio g. 19, LT-12120 Vilnius, Lithuania
Company code 307159816 · VAT ID LT100018715912
info@kirmok.net · +370 612 20447 (Mon–Fri, 9:00–17:00 EET/EEST)