Terms of Service

1. Provider and contact details

Services are provided under the ITFB brand (IT for Business). Contacts: office@itfb.com.ua; +38 (050) 470-29-17; +38 (067) 523-77-57; Kyiv, Ukraine.

The Provider’s full legal details for invoices and contracts are provided on request or stated in the contract / invoice. Publishing these Terms on the website is not a public offer to contract on any terms, except where expressly stated in an issued invoice-offer or a signed contract.

2. Status of website information

Service descriptions, timelines, prices, case studies and other website materials are informational and are not an individual offer to contract, a guarantee of result, or a public offer under the Civil Code of Ukraine, unless expressly stated otherwise.

Actual scope, price, timelines, SLA and acceptance criteria are defined only in a written contract, specification, service order, invoice containing offer terms, or in confirmed correspondence (email / ticketing system) if the parties expressly agree that method.

3. Subject matter and cooperation model

The Provider supplies IT services: server and infrastructure administration, security, monitoring, website support and related services — within the agreed assignment.

If the Client is a consumer under the Law of Ukraine “On Consumer Rights Protection”, certain mandatory rules of that law may apply regardless of these Terms. ITFB services are primarily aimed at business clients. The Client warrants that it acts as a business entity or an authorised representative of one, unless it has notified otherwise in writing before contracting.

4. Contract formation and scope changes

A contractual relationship arises upon acceptance of an offer (paying an invoice on offer terms, signing a contract / order, or giving clear written consent) — depending on the chosen model.

Oral arrangements and preliminary estimates (“about”, “approximately”) do not create Provider obligations as to fixed price, deadline or result until recorded in writing.

Scope changes, extra access, new environments, migrations, emergency work outside a support package and similar items require separate agreement and may be charged additionally. The Provider may pause out-of-scope work until agreement and/or payment.

5. Client obligations

The Client must: provide complete, accurate and timely information; grant lawful system access and authority to administer systems; keep its own backups of critical data before, during and after work, unless backup/restore is expressly agreed in writing as a separate service with defined RPO/RTO; not require unlawful acts or breaches of third-party licences or security policy; accept deliverables on time or provide reasoned objections; pay on agreed terms.

The Client alone is responsible for the legality of its content and personal data in its systems, software licences, domains, third-party hosting, and instructions given to the Provider. The Provider acts on the Client’s instructions within the agreed assignment and is not obliged to audit the full legal compliance of the Client’s business.

Delay in access, decisions or materials from the Client automatically extends performance deadlines by the period of delay without penalties for the Provider.

6. Payment

Unless otherwise agreed in writing, services may be provided on a prepaid basis. The Provider may decline to start or may suspend work until payment is received / overdue amounts are cleared.

Invoices are deemed accepted if the Client does not send reasoned objections within 5 (five) calendar days of receipt (or another period stated in the contract).

If payment is late, the Provider may: suspend services (including support desk / priority response); demand payment for services already rendered; claim penalties and/or inflation losses to the extent allowed by the contract and Ukrainian law; refuse further cooperation.

Amounts paid for services already rendered are non-refundable except where mandatory law or a written agreement requires otherwise. Prepayments may be applied to future work as per the contract.

7. Timelines, SLA and no “zero incident” guarantee

Any response times, uptime, RTO/RPO or other quality metrics apply only if expressly set out in a written SLA / contract. Website references to “24/7” mean the ability to contact us and organised on-call coverage within the chosen package, not an unconditional guarantee of zero downtime.

IT systems depend on hardware, networks, cloud providers, third-party software, user actions and external attacks. The Provider does not guarantee absolute continuity, complete absence of vulnerabilities, or that an incident cannot recur after remediation.

Provider recommendations are professional opinions based on known information; the Client makes final implementation decisions.

8. Acceptance

Deliverables are deemed accepted: upon signing an acceptance certificate; or if the Client does not provide reasoned written objections within 5 (five) business days after notice of readiness (unless the contract sets another period); or upon actual use of the result in production.

Objections must be specific and relate to non-conformity with the agreed assignment. New wishes are not grounds to treat work as incomplete.

9. Limitation of the Provider’s liability

To the maximum extent permitted by Ukrainian law, the Provider’s aggregate liability for any claims relating to specific services is limited to the amounts actually paid by the Client to the Provider for those services during the 3 (three) calendar months preceding the event giving rise to the claim (or the amount of a one-off order if the service was one-off).

The Provider is not liable for: lost profits, consequential, incidental or punitive damages; data loss if the Client failed to keep current own backups, except where backup/restore was expressly included in a paid written assignment and the Provider’s fault is proven; acts/omissions of third parties (hosters, registrars, CDNs, cloud platforms, software vendors); consequences of following the Client’s instructions; downtime caused by missing access, non-payment or force majeure; harm from malware, DDoS or compromise where the Client rejected recommended protections or failed basic security requirements.

Nothing in these Terms excludes liability where limitation is expressly prohibited by mandatory Ukrainian law (including intentional misconduct).

10. Client indemnity

The Client shall defend the Provider against third-party claims and reimburse reasonable losses, costs and defence expenses arising from: unlawful Client content or data; Client infringement of third-party IP or personal data rights; inaccurate information or unsafe instructions from the Client; misuse of the services.

11. Intellectual property

Methods, scripts, templates, tools, know-how and materials that existed with the Provider before the work or were created as reusable assets outside the Client’s unique statement of work remain the Provider’s property.

Unique deliverables created specifically for the Client under a contract are assigned or licensed to the Client on the contract terms — typically after full payment. Until full payment, the Provider may restrict transfer of rights / access to results.

The Client may not copy, resell or present as its own the Provider’s internal runbooks, monitoring rules and documentation without written consent, unless otherwise agreed.

12. Confidentiality and access

Each party shall not disclose the other party’s confidential information obtained during cooperation, except as required by law, with written consent, or where the information became public other than through the recipient’s fault.

The Client must revoke the Provider’s access promptly after work ends / the contract terminates. The Provider may rotate temporary passwords and keys created during the work and deliver them to the Client via an agreed channel.

13. Force majeure

A party is excused from liability for non-performance caused by force majeure: war, martial law, acts of aggression, mobilisation restrictions, critical infrastructure failures, prolonged power or connectivity outages, natural disasters, epidemics, government acts, large-scale cyberattacks on backbone infrastructure, outages of global cloud platforms beyond a party’s reasonable control, and similar events.

The affected party shall notify the other within a reasonable time. Deadlines extend for the duration of the event. Payment for services already rendered remains due.

14. Termination

Either party may terminate a contract as provided therein. Absent special terms — by written notice with a reasonable period (at least 14 calendar days for recurring support), unless a shorter period is justified by a material breach.

The Provider may immediately suspend or terminate services in case of: late payment; security breach; unlawful Client demands; abusive or unsafe conduct making cooperation impossible; material breach of these Terms or the contract.

Termination does not release the Client from paying for services rendered up to the termination date, or from confidentiality, IP and liability-limitation obligations that by nature survive.

15. Notices and electronic communication

The parties recognise the legal effect of email from addresses stated in the contract / order and of messages in an agreed ticketing system, unless law or contract requires a paper form.

The Client is responsible for keeping its contacts current and for consequences of failing to read notices sent to the addresses it provided.

16. Governing law and disputes

These Terms and related relationships are governed by the substantive law of Ukraine.

The parties shall attempt to settle disputes by negotiation within 30 calendar days of a written claim. Failing settlement, the dispute shall be heard by the competent courts of Ukraine at the Provider’s location (Kyiv), unless mandatory law requires another venue.

17. Changes to the Terms

The Provider may update these Terms by publishing a new version on this page. For existing contracts, changes to these general Terms apply only if the contract so provides, or if the Client accepts the new version in writing / continues to order services on the new terms after notice.

Using the website after an update means acceptance of the changes as they relate to website use.

18. Miscellaneous

If any provision of these Terms is held invalid, the remaining provisions stay in force. Failure by the Provider to enforce a right is not a waiver for the future.

These Terms are prepared in several languages. If language versions conflict for relationships governed by Ukrainian law, the Ukrainian version prevails.