Terms of service

Last updated: 3 October 2026

These Terms of Service ("Terms") govern the use of the kodvalley.com website, the client portal and all services and products supplied by MB Kodvalley, company code 306329532, Laisvės pr. 60-1107, Vilnius, Lithuania ("Kodvalley", "we", "us"). By creating an account, placing an order or accepting a proposal, you agree to these Terms.

1. Definitions

• Customer: the person or organisation that orders services from us.
• Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
• Business customer: any customer who is not a consumer.
• Services: professional services (for example penetration testing, software development, consulting), hosting and server services, domain registration, software licences and subscriptions, and any other service we supply.
• Proposal: a written offer or statement of work prepared by us for a specific engagement.

2. Scope and order of precedence

These Terms apply to every contract with us. If a signed contract, proposal or statement of work contains different provisions, those provisions prevail for that engagement, followed by these Terms, the Data Processing Agreement, the Acceptable Use Policy and the service descriptions on our website. General terms of a business customer apply only if we accept them in writing.

3. Accounts

To order services or use the client portal you need an account. You must provide accurate information, keep your login details confidential and inform us without delay about any unauthorised use. You are responsible for activity under your account. We may suspend an account that is used in breach of these Terms.

4. How contracts are concluded

4.1 Professional services

Professional services are supplied on the basis of a proposal. A contract is concluded when you accept the proposal in writing, through the client portal or by signing a contract. Information on the website, including prices marked "price on request", is not a binding offer.

4.2 Online orders

For servers, VPS, domains and licences ordered through our online store, the steps are: you select the service and options, review the order summary, enter your billing details and confirm the order with the button marked as an order with an obligation to pay. We confirm receipt by e-mail. The contract is concluded when we send the order confirmation or invoice, or when we start providing the service, whichever is earlier. You can correct input errors before confirming the order. The contract language is English or Lithuanian. We store the contract text, and you can access your orders and invoices in the client portal.

5. Prices and payment

• Prices are in euro. For consumers, prices shown include VAT where applicable. For business customers, VAT is added according to the applicable rules, including the reverse charge mechanism for business customers with a valid VAT number in another EU member state.
• Unless agreed otherwise, we invoice in advance and payment is made by bank transfer within the due date stated on the invoice. We do not store payment card data.
• Recurring services are invoiced before each billing period. We send the renewal invoice in advance of the due date.
• If a business customer pays late, we may charge statutory late payment interest and compensation for recovery costs under Directive 2011/7/EU and the Lithuanian Law on the Prevention of Late Payment in Commercial Transactions.
• If an invoice for a recurring service remains unpaid 14 days after the due date, we may suspend the service after prior notice. Data on suspended services is kept for a limited period and may then be deleted, as described in the service description.

6. Performance of services

6.1 Professional services

We perform professional services with due care, in line with recognised industry standards and the agreed scope. Timelines in proposals are estimates unless expressly agreed as binding. You will provide the access, information and cooperation reasonably required.

6.2 Security testing

Penetration tests and other security assessments are performed only on systems you own or are authorised to have tested, and only within the written scope and rules of engagement. You confirm that you hold the necessary authorisations, including from hosting providers and other third parties where required. Testing carries an inherent risk of disruption; we take reasonable precautions to minimise it.

6.3 Servers, VPS and hosting

Infrastructure services are provided in data centres operated by our infrastructure partners, mainly OVHcloud. Technical specifications and locations are shown in the order summary. Unless you have ordered a managed service, you are responsible for the content, configuration, security, updates and backups of your server.

6.4 Domain names

Domain names are registered with the relevant registries through accredited registrars. The rules of the relevant registry (for example DOMREG for .lt, EURid for .eu and ICANN policies for generic domains) apply in addition to these Terms. A registration fee is not refundable once the registration has been completed. You are responsible for the accuracy of registrant data and for renewing domains on time.

6.5 Licences and third party software

Control panel licences (for example cPanel and Plesk) and other third party software are subject to the licence terms of their vendors, which you accept when using them.

6.6 Service levels

Availability targets and response times are set out in the service description or the applicable service level agreement. Scheduled maintenance is announced in advance where possible on our status page.

7. Customer obligations

You must use the services lawfully and in line with our Acceptable Use Policy. You are responsible for the content you store or publish using our services and for obtaining any rights and consents required for it.

8. Intellectual property

Unless agreed otherwise in the proposal, the customer receives ownership of, or an exclusive licence to, the work results created specifically for the customer once the related invoices have been paid in full. Kodvalley retains all rights in its pre-existing know-how, tools, libraries and components, and grants the customer a non-exclusive, perpetual licence to use them as part of the delivered work. Open source components remain subject to their own licences. Reports may not be published in a way that suggests our endorsement without our consent.

9. Confidentiality

Both parties keep confidential all non-public information received from the other party, use it only for the purpose of the contract and protect it with at least reasonable care. This obligation continues for five years after the end of the contract, and indefinitely for trade secrets and security findings.

10. Data protection

We process personal data as described in our Privacy Policy. Where we process personal data on behalf of a customer, our Data Processing Agreement forms part of the contract.

11. Artificial intelligence

Our use and development of AI systems follows our AI Policy and Regulation (EU) 2024/1689 (AI Act). Where a customer commissions an AI system, the parties agree in the proposal which of them acts as provider and which as deployer within the meaning of the AI Act.

12. Warranty

For consumers, the statutory rights regarding the conformity of digital content, digital services and services apply. For business customers, we warrant that professional services are performed with due care. Defects must be reported in writing within 30 days of delivery, and we will remedy them within a reasonable time. Security assessments cannot guarantee that a system is free of vulnerabilities.

13. Liability

• We are liable without limitation for damage caused intentionally or through gross negligence, for death or personal injury, and where liability cannot be limited by law.
• Towards business customers, our liability for other damage is limited to foreseeable, typical damage and in total to the fees paid by the customer for the affected service in the twelve months before the event giving rise to the claim. We are not liable towards business customers for loss of profit, loss of data that could have been prevented by regular backups, or indirect damage.
• Towards consumers, our liability is governed by the mandatory provisions of applicable law.

14. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, such as natural disasters, war, large scale cyber attacks against third party infrastructure, power or network failures of third parties or acts of authorities.

15. Term and termination

Recurring services run for the billing period chosen and renew automatically unless cancelled before the end of the period through the client portal or in writing. Professional services end on completion or as agreed in the proposal. Either party may terminate a contract for good cause, in particular for a material breach that is not remedied within 14 days of written notice. Rights of withdrawal and refunds are set out in our Withdrawal, Cancellation and Refund Policy.

16. Changes to these Terms

We may update these Terms, for example to reflect changes in law or in our services. For ongoing contracts we inform you of material changes at least 30 days in advance by e-mail. If you do not agree, you may terminate the affected service before the changes take effect. Changes do not apply retroactively.

17. Complaints and dispute resolution

Please send complaints to info@kodvalley.com or through the client portal. We respond within 14 days. Consumers whose complaint is not resolved may refer the dispute free of charge to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba), Vilniaus g. 25, 01402 Vilnius, www.vvtat.lt, or to the court. The former EU online dispute resolution platform was discontinued on 20 July 2025.

18. Governing law and jurisdiction

These Terms and all contracts with us are governed by the law of the Republic of Lithuania, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not deprive them of the protection of mandatory provisions of the law of their country of habitual residence. For business customers, the courts of Vilnius, Lithuania have exclusive jurisdiction.

19. Final provisions

If any provision of these Terms is invalid, the remaining provisions remain in force. Contracts may be concluded in English or Lithuanian; if versions differ, the version in the language of the contract prevails.