Terms and Conditions

SECURITY BYTES TECH LIMITADA

Last update: March 1st, 2022

1. DEFINITIONS

1.1 SECURITY BYTES TECH LIMITADA is an I.T. and technologic services Company. Hereinafter referred to as ‘SECURITY BYTES TECH’.

1.2 These Terms of Engagement are the Terms of Engagement referred to in, the Proposal, Contract or any other documents (this “Agreement”) signed, acknowledged, and agreed by the Client.

2. CONFIDENTIAL INFORMATION

2.1 Both Parties agree not to disclose at any time any confidential information, which becomes known to either Party as a result of this Agreement, unless required by law, by any court of competent jurisdiction, or by any official regulatory body provided that the Party required to disclose shall notify the other Party of such expected disclosure as soon as possible.

3. DURATION OF AGREEMENT

3.1 The appointment of SECURITY BYTES TECH shall commence from the date of receipt of the order by SECURITY BYTES TECH. If this Agreement is for a fixed term or fixed price project then the agreement shall terminate when SECURITY BYTES TECH has completed the Services. If this Agreement is for an ongoing rolling Service, then at the beginning of each financial year the agreed fees for the Services will be automatically be revised in alignment with any issued changes in the standard SECURITY BYTES TECH Package Rates, as referred to in 4.3 below and as circulated to all clients as and when modified.

3.2 In the event of the failure of the Client to comply with any of his obligations under this Agreement, or upon the occurrence of any circumstances beyond the control of SECURITY BYTES TECH which impede the carrying out by SECURITY BYTES TECH of the Services, SECURITY BYTES TECH may upon not less than 7 days’ notice in writing to the Client terminate this Agreement. It is hereby agreed that non-payment or unreasonably delayed payment of agreed fees shall entitle SECURITY BYTES TECH to terminate this agreement.

3.3 In the event of the failure of SECURITY BYTES TECH to comply with any of its obligations under this Agreement, or upon the occurrence of any circumstances beyond the control of the Client which prevent the Client from progressing or completing the Project, the Client may terminate this Agreement.

3.4 Any termination of this Agreement shall not prejudice or affect the accrued rights or claims of either party to this Agreement.

4. SERVICES

4.1 The Services to be provided by SECURITY BYTES TECH under this Agreement shall be as described in the Proposal, Contract, or other documents signed by the Client and SECURITY BYTES TECH.

5. CARE AND DILIGENCE

5.1 SECURITY BYTES TECH shall exercise reasonable skills, care, and diligence in the discharge of the services.

6. ALTERATION OR MODIFICATION TO SERVICES

6.1 If at any time after the commencement of SECURITY BYTES TECH’s appointment, any of the Services whether completed by SECURITY BYTES TECH or in progress shall require to be modified or revised because of clear written instructions from or on behalf of the Client, or because of circumstances which could not reasonably have been foreseen by SECURITY BYTES TECH, then the Client shall make such additional payment to SECURITY BYTES TECH for making any necessary modifications or revisions as shall be agreed between SECURITY BYTES TECH and the Client before such additional work is carried out.

6.2 Any Services to be provided by SECURITY BYTES TECH, which is not specified in this Agreement, shall be paid at the hourly charge-out rates details in the Payment Schedule unless otherwise agreed in writing between the Parties. The terms and conditions of this Agreement apply to such additional services in the absence of any further agreement.

6.3 The hourly charge rates referred to above (and tabled in the appendices of this Agreement) will be reviewed annually at the start of the financial year (April 1st). If said rates are amended in any way then they will automatically become applicable to this contract from the start of the financial year.

7. CLIENT INFORMATION & INSTRUCTIONS

7.1 The Client shall supply to SECURITY BYTES TECH, without charge and in such reasonable time as not to cause delay or disruption to SECURITY BYTES TECH in the performance of the Services, all necessary and relevant data and information required for the performance of the Services.

8. GOVERNING LAW AND SETTLEMENT OF DISPUTES

8.1 This Agreement shall bind and inure to the benefit of the Parties hereto and their successors and assigns. This Agreement is construed and governed by the laws of Costa Rica without reference to the conflict of law principles.

9. INTELLECTUAL PROPERTY

9.1 SECURITY BYTES TECH retains the intellectual property rights to the Software, Trademark, and any other intellectual property used and/or developed in the performance of Services to the Client. Subject to terms and conditions separately agreed upon by the Parties in writing, SECURITY BYTES TECH may grant the Client a limited right to use the Software (“Development License”). The Client is under no circumstance entitled to obtain the program (source) code to Software.

9.2 Any licenses for the Client to use SECURITY BYTES TECH intellectual property shall be expressly specified in the documents constituting this Agreement.

9.3 SECURITY BYTES TECH reserves the right to make use of finished and published products in its marketing, including, but not limited to, promotion on SECURITY BYTES TECH operated websites, Facebook, Twitter, and other social media platforms as well as in printed media.

10. PAYMENT

10.1 Payment for the Services shall be made by the Client in agreed installments. Such installments shall constitute no more than payments on account.

10.2 If any item or part of an item of an invoice rendered by SECURITY BYTES TECH is disputed or subject to question by the Client, the payment by the Client of the remainder of that account shall not be withheld. SECURITY BYTES TECH reserves the right to suspend the provision of the Services until the disputed or questioned item has been agreed or determined.

10.3 Hosting fees are payable in full in advance of the hosting period. Hosting fees are non-refundable should the client terminate the hosting within the paid period. SECURITY BYTES TECH reserves the right to terminate any hosting which has not been paid by giving the client 7 days prior notice of termination. Termination of hosting will occur unless payment is received within 7 days. Reinstatement fees are chargeable in advance of a request to reinstate the hosting once termination has occurred.

10.4 SECURITY BYTES TECH reserve the right to terminate any hosting provided as part of our services to a client should any invoice, even for unrelated services, remain outstanding over 90 days

11. TAXES, DUTIES, AND OTHER CHARGES

11.1 The amounts specified in the Payment Schedule are exclusive of any taxes, duties, and charges which may be required by law. The Client shall be responsible for all such taxes, duties, and charges for which it is liable as a result of this Agreement or any payment to SECURITY BYTES TECH.

12. WEB MAINTENANCE

12.1 The hours specified in the contract or otherwise agreed upon can be accumulated on a three-month rolling basis. After three months any unused hours will be forfeited.

12.2 The hours specified in the contract or otherwise agreed upon are priced according to SECURITY BYTES TECH’s current price schedule and can be adjusted by SECURITY BYTES TECH with one month’s notice.

12.3 No refund, discount, or rebate will be given for hours not used.

13. LIMITATION OF LIABILITY AND INDEMNITY

13.1 The Client hereby undertakes to indemnify and hold harmless SECURITY BYTES TECH and all its officers, employees, contractors, and agents against any loss, cost, damage, or expense which any of them may sustain or incur because of SECURITY BYTES TECH having entered into this Agreement or providing the Services hereunder. Neither SECURITY BYTES TECH nor its officers, employees, contractors, or agents shall in the performance of this Agreement be liable to the Client or any other person for any act or omission, negligent, tortious, or otherwise.

13.3 SECURITY BYTES TECH and the Client each acknowledge that the provisions of this Clause are reasonable and that had they not been included herein SECURITY BYTES TECH would not have entered into this Agreement.

SECURITY BYTES TECH LIMITADA

RETURN & REFUND POLICY

Last update: March 1st, 2022

Thanks for shopping at SECURITY BYTES TECH.

If you are not entirely satisfied with your purchase, we're here to help.

Returns

You have 30 calendar days to return an item/service from the date you received it in case you are not completely satisfied.

To be eligible for a return, your service/product must be unused and should not be used or activated.

Your item needs to have a receipt or proof of purchase.

Refunds

Once we receive your products or cancellation of service, we will inspect them and notify you that we have received your refund request.

We will immediately notify you of the status of your refund after inspecting the matter.

If your refund is approved, we will initiate a refund to your credit card (or original method of payment).

You will receive the credit within a certain amount of days, depending on your card issuer's policies.