Terms of Service

General terms and conditions governing the provision of B2B IT support services by KA IT SRL to its professional clients.

1. Purpose and Scope

These General Terms of Service (hereinafter "Terms") govern all commercial relationships between KA IT SRL and its professional clients (hereinafter "the Client") for the provision of IT support services, whether on-site or remote.

These Terms apply to all orders, quotes, contracts, and service agreements entered into between KA IT SRL and the Client, unless expressly derogated by a separate written agreement signed by both parties.

By placing an order or signing a service agreement with KA IT SRL, the Client acknowledges having read and accepted these Terms in full. These Terms prevail over any general or specific conditions of the Client, unless KA IT SRL has expressly agreed otherwise in writing.

2. Definitions

  • Provider: KA IT SRL, BCE 1000.771.962, VAT BE 1000.771.962, with registered office at Route de Lennik 451, 1070 Anderlecht, Belgium.
  • Client: Any legal entity or professional acting in the course of its business that enters into a contractual relationship with the Provider.
  • Services: All IT support activities provided by the Provider, including but not limited to diagnostics, troubleshooting, resolution, coordination with manufacturers, networking, network security, server administration, printer support, and workstation management.
  • Service Pack: A predefined monthly subscription plan (Essential, Business, or Managed) as described in the Provider's commercial offer.
  • Intervention: Any on-site or remote action performed by the Provider's technicians on behalf of the Client.
  • Business Hours: Monday to Friday, 9:00 to 18:00 CET, excluding Belgian public holidays.
  • SLA: Service Level Agreement, defining the Provider's response and intervention commitments.

3. Contract Formation and Orders

A contract is formed upon acceptance by the Client of a quote issued by KA IT SRL, either by written confirmation (including email) or by signing a service agreement. Quotes issued by KA IT SRL are valid for a period of thirty (30) calendar days from their date of issue, unless otherwise specified.

Any modification to a confirmed order must be agreed upon in writing by both parties. KA IT SRL reserves the right to refuse any order or request that does not fall within its scope of expertise or that would require resources beyond its capacity.

All orders are subject to these Terms, which the Client acknowledges having received and accepted prior to placing the order.

4. Prices and Payment

All prices quoted by KA IT SRL are expressed in euros and are exclusive of VAT (excl. VAT). VAT will be applied at the applicable rate in accordance with Belgian tax legislation.

The current monthly subscription plans are billed per user:

  • Pack Essential: 25 EUR excl. VAT/user/month
  • Pack Business: 50 EUR excl. VAT/user/month
  • Pack Managed: 80 EUR excl. VAT/user/month

Services not included in the Client's Service Pack will be quoted separately and invoiced on a time-and-materials basis at KA IT SRL's prevailing hourly rates.

Invoices are issued monthly and are payable within fifteen (15) calendar days of the invoice date. Payment must be made by bank transfer to the account specified on the invoice.

In the event of late payment, KA IT SRL is entitled, without prior notice, to charge late payment interest at the rate provided for under Belgian law (Law of 2 August 2002 on combating late payment in commercial transactions), as well as a fixed indemnity of 40 EUR for recovery costs, without prejudice to KA IT SRL's right to claim additional damages.

KA IT SRL reserves the right to suspend the provision of Services if any invoice remains unpaid after the due date, until full payment is received.

5. Duration and Termination

Service Pack subscriptions are entered into for a minimum period of three (3) months from the date of activation. After the initial commitment period, the contract is automatically renewed on a month-to-month basis.

Either party may terminate the contract by giving written notice (by email or registered letter) at least thirty (30) calendar days before the end of the current billing period. Termination during the initial commitment period does not relieve the Client of the obligation to pay the remaining fees due for that period.

KA IT SRL may terminate the contract immediately by written notice in the event of:

  • Non-payment by the Client of any invoice within thirty (30) days of its due date;
  • Material breach by the Client of any obligation under these Terms, not remedied within fifteen (15) days of written notice;
  • Bankruptcy, insolvency, judicial reorganisation, or liquidation proceedings initiated against the Client.

Upon termination, the Client shall pay all outstanding invoices within fifteen (15) days. KA IT SRL shall provide reasonable assistance for the transition of services to another provider, subject to payment of applicable fees.

6. Provider's Obligations

KA IT SRL undertakes to perform the Services with due care, diligence, and in accordance with industry best practices. KA IT SRL's obligations under these Terms are obligations of means (obligation de moyens), not obligations of result.

KA IT SRL shall:

  • Assign qualified and trained technicians to perform the Services. KA IT SRL technicians are trained and experienced with all major professional IT brands;
  • Comply with the Service Level Agreement as defined in Article 8;
  • Keep the Client reasonably informed of the progress and outcome of interventions;
  • Maintain appropriate professional liability insurance;
  • Handle the Client's data and equipment with due care and in compliance with applicable data protection legislation.

7. Client's Obligations

The Client undertakes to:

  • Provide KA IT SRL with all information, documentation, and access necessary for the proper performance of the Services, including but not limited to remote access credentials, on-site access, and relevant technical documentation;
  • Designate a contact person authorised to liaise with KA IT SRL and to approve interventions;
  • Maintain valid licences for all software and systems on which KA IT SRL is required to intervene;
  • Maintain regular and adequate backups of its data. KA IT SRL shall not be held liable for any data loss resulting from the Client's failure to maintain appropriate backups;
  • Pay all invoices within the agreed timeframes;
  • Refrain from soliciting or hiring KA IT SRL employees or subcontractors during the term of the contract and for twelve (12) months thereafter;
  • Notify KA IT SRL promptly of any change in circumstances that may affect the provision of Services.

8. Service Level Agreement (SLA)

KA IT SRL commits to the following service levels during Business Hours:

  • Response time: KA IT SRL shall acknowledge and respond to any support request within four (4) business hours of receipt;
  • Intervention time: On-site or remote intervention shall commence within eight (8) business hours of the initial response, subject to the nature and severity of the issue.

Response and intervention times are measured during Business Hours only (Monday to Friday, 9:00 to 18:00 CET, excluding Belgian public holidays). Requests received outside Business Hours will be processed on the next business day.

Priority levels are classified as follows:

  • Critical: Complete system outage or security breach affecting business operations — response within 1 business hour, intervention within 4 business hours;
  • High: Significant degradation of service affecting multiple users — response within 2 business hours, intervention within 6 business hours;
  • Normal: Standard support requests — response within 4 business hours, intervention within 8 business hours;
  • Low: Non-urgent requests, scheduled maintenance, consultations — response within 8 business hours, intervention by mutual agreement.

SLA commitments apply exclusively to services and equipment covered by the Client's active Service Pack. The SLA does not cover issues arising from:

  • Misuse, negligence, or unauthorised modifications by the Client;
  • Third-party hardware or software not covered under the agreement;
  • Force majeure events as defined in Article 11;
  • Failure by the Client to provide the necessary access or information.

9. Intellectual Property

All intellectual property rights in any documentation, reports, scripts, configurations, or other deliverables created by KA IT SRL in the course of performing the Services shall remain the exclusive property of KA IT SRL, unless expressly agreed otherwise in writing.

The Client is granted a non-exclusive, non-transferable licence to use such deliverables solely for its own internal business purposes and for the duration of the contractual relationship.

Each party shall respect the intellectual property rights of the other party and of any third parties.

10. Liability and Limitation

KA IT SRL's liability under these Terms is limited to direct damages actually suffered by the Client and proven to be the direct result of a fault attributable to KA IT SRL.

In no event shall KA IT SRL be liable for:

  • Indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or reputational harm;
  • Damages arising from the Client's failure to comply with its obligations under these Terms, including failure to maintain backups;
  • Damages caused by third-party products, services, or infrastructure;
  • Damages resulting from force majeure events.

In all cases, KA IT SRL's total aggregate liability for all claims arising under or in connection with the contract shall not exceed the total amount of fees paid by the Client to KA IT SRL during the twelve (12) months preceding the event giving rise to the claim.

Any claim by the Client must be notified to KA IT SRL in writing within thirty (30) days of the Client becoming aware of the event giving rise to the claim. Failure to notify within this period shall result in the forfeiture of the claim.

11. Force Majeure

Neither party shall be held liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from a force majeure event. Force majeure includes, but is not limited to: natural disasters, epidemics, pandemics, wars, terrorism, cyberattacks beyond reasonable preventive measures, governmental restrictions, strikes, power outages, telecommunications failures, and any other event beyond the reasonable control of the affected party.

The affected party shall promptly notify the other party of the force majeure event and of its expected duration. Both parties shall use reasonable efforts to mitigate the effects of the force majeure event.

If the force majeure event continues for more than sixty (60) consecutive days, either party may terminate the contract by written notice without liability, subject to the payment of fees for Services already rendered.

12. Confidentiality

Each party undertakes to treat as confidential all information, data, and documents received from the other party in the course of the contractual relationship, whether marked as confidential or reasonably understood to be of a confidential nature.

Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except:

  • To employees, subcontractors, or advisors who need access to the information for the purposes of performing the contract, provided they are bound by equivalent confidentiality obligations;
  • Where disclosure is required by law, regulation, or judicial order;
  • Where the information is already publicly available through no fault of the receiving party.

The confidentiality obligations under this article shall survive the termination of the contract for a period of three (3) years.

13. Data Protection

KA IT SRL processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR) and applicable Belgian data protection legislation.

In the course of providing the Services, KA IT SRL may access or process personal data on behalf of the Client. In such cases, KA IT SRL acts as a data processor and the Client acts as a data controller. The parties shall enter into a separate data processing agreement where required by applicable law.

For detailed information on how KA IT SRL collects, uses, and protects personal data, please refer to our Privacy Policy.

14. Subcontracting

KA IT SRL reserves the right to engage subcontractors or third-party service providers for the performance of all or part of the Services. KA IT SRL shall remain responsible to the Client for the proper performance of the Services, regardless of any subcontracting arrangement.

KA IT SRL shall ensure that any subcontractor is bound by obligations equivalent to those set out in these Terms, particularly with respect to confidentiality and data protection.

15. Governing Law and Jurisdiction

These Terms and any contractual relationship between KA IT SRL and the Client are governed by and construed in accordance with the laws of Belgium.

In the event of a dispute arising out of or in connection with these Terms or any related agreement, the parties shall first attempt to resolve the dispute amicably through good-faith negotiation. If no resolution is reached within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Brussels, Belgium.

16. Miscellaneous

Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining provisions, which shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

Entire agreement: These Terms, together with any signed service agreement, quote, or order confirmation, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, and representations.

Amendments: KA IT SRL reserves the right to amend these Terms at any time. Any material amendment shall be communicated to the Client in writing at least thirty (30) days before it takes effect. Continued use of the Services after the effective date of the amendment constitutes acceptance of the revised Terms.

Waiver: The failure by either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of KA IT SRL. KA IT SRL may assign the contract in the event of a merger, acquisition, or transfer of its business.

Notices: All formal notices under these Terms shall be sent by email to the addresses specified in the contract or by registered mail. Notices shall be deemed received on the date of email delivery confirmation or on the third business day following posting of a registered letter.

Contact

For any questions regarding these Terms of Service, please contact us:

Last updated: March 2026

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