Terms & Conditions – Forestals Information Technology Ltd

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Forestals Information Technology Ltd

(“Service Provider”, “we”, “us”, “our”) and the Client (“Client”, “you”). By engaging our Services, you agree to be bound by

these Terms. These Terms are intended for publication on our website and govern the general framework for the provision of

IT support, outsourcing, and related services. The specific scope of services will be defined in each individual client agreement.

1. Definitions

1.1 “Services” means the IT-related services to be provided by the Service Provider as specifically described in the applicable client contract, proposal, quotation, or statement of work.

1.2 “Agreement” means these Terms together with any service schedules, proposals, quotations, or statements of work.

1.3 “Client Data” means any data, documents, files, credentials, or information provided by or on behalf of the Client.

1.4 “Third-Party Providers” means external vendors, suppliers, licensors, cloud providers, or partners whose systems or services may be integrated with or relied upon by the Service Provider.

1.5 “Business Hours” means Monday to Friday, 08:00 to 17:00, excluding public holidays in Malta.

2. Scope of Services

2.1 The specific Services to be delivered shall be defined in the relevant client contract, service schedule, or statement of work (“Service Agreement”).

2.2 Any descriptions or references to services on our website or marketing materials are illustrative and non-binding unless expressly included in the applicable Service Agreement.

2.3 The Service Provider may update, enhance, or modify its general service offering, provided such changes do not affect active contracted services without the Client’s consent.

2.4 Services may include, without limitation, IT support, outsourcing, consultancy, maintenance, monitoring, cloud administration, or other IT-related functions, but only as specifically agreed with the Client in writing.

3. Client Obligations

3.1 The Client shall:

    (a) cooperate fully with the Service Provider in all matters relating to the Services;

    (b) provide accurate and complete information, access credentials, and permissions required for service delivery;

    (c) maintain valid licences, subscriptions, and warranties required for systems managed by the Service Provider;

    (d) ensure that its premises provide a safe and suitable working environment for onsite work;

    (e) not misuse or interfere with systems managed by the Service Provider.

3.2 The Client is solely responsible for the integrity, legality, and security of Client Data unless expressly agreed otherwise.

4. Service Levels and Availability

4.1 The Service Provider shall use reasonable skill and care in delivering the Services in accordance with professional industry standards.

4.2 Specific response times, performance commitments, or SLAs shall only apply if explicitly included in the relevant Service Agreement.

4.3 The Service Provider does not guarantee uninterrupted or error-free operation of any system, especially where dependent on third-party infrastructure.

5. Fees and Payment Terms

5.1 Fees shall be charged as specified in the applicable agreement, quotation, or published pricing.

5.2 Invoices are issued monthly in advance unless otherwise agreed in writing.

5.3 Payment is due within thirty (30) days from the invoice date.

5.4 Overdue amounts may incur interest at the maximum rate permitted by Maltese law.

5.5 Additional fees apply for services outside scope or outside Business Hours.

6. Confidentiality

6.1 Both parties shall keep confidential all information obtained in connection with the Services.

6.2 Confidentiality obligations survive termination of the Agreement.

6.3 The Service Provider may disclose confidential information:

    (a) where required by law or regulation; or

    (b) to subcontractors or Third-Party Providers strictly on a need-to-know basis.

7. Data Protection & Security

7.1 The Service Provider shall implement commercially reasonable measures to protect Client Data.

7.2 The Client remains the data controller for all Client Data processed under this Agreement.

7.3 The Service Provider shall not be liable for breaches caused by:

• third-party software vulnerabilities,
• Client misconfigurations,
• insecure Client practices.

8. Third-Party Services

8.1 Certain Services may rely on or include the use of third-party systems.

8.2 The Service Provider is not responsible for:

• outages,
• vendor failures,
• licensing restrictions,
• policy changes imposed by Third-Party Providers.

8.3 The Client agrees to comply with all third-party licence terms.

9. Limitation of Liability

9.1 The Service Provider shall not be liable for any:

• indirect, incidental, punitive, or consequential damages;
• loss of profits, revenue, business, goodwill, or data.

9.2 The total cumulative liability of the Service Provider shall not exceed the total amount paid by the Client during

     the twelve (12) months preceding the event giving rise to the claim.

9.3 Nothing in these Terms limits liability for fraud or gross negligence.

10. Suspension of Services

10.1 The Service Provider may suspend the Services if:

• payments are overdue,
• the Client breaches security requirements,
• misuse, illegal activity, or system compromise is detected.

11. Termination

11.1 Either party may terminate this Agreement with written notice in accordance with any applicable contract.

11.2 Either party may terminate with immediate effect for:

• material breach not remedied within the required notice period,
• unlawful activity,
• insolvency or winding up of the other party.

11.3 Upon termination:

• all outstanding payments become immediately due,
• all property and documentation must be returned.

12. Force Majeure

12.1 Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control, including:

• natural disasters,
• power failures,
• telecommunication outages,
• labour disputes,
• government restrictions.

13. Governing Law and Jurisdiction

13.1 These Terms are governed by the laws of Malta.

13.2 Any disputes shall be resolved through arbitration in Malta in accordance with Maltese law.

By using our Services, you confirm acceptance of these Terms & Conditions.

Forestals Information Technology Ltd