Terms of Service

Effective date: 1 January 2025 · Last reviewed: 1 January 2025

1. Parties and scope

These terms apply to every engagement in which KINGFISHER PHOENIX FINANCE LTD provides engineering, consulting or operational services to a client. The client accepts these terms by signing a proposal, statement of work or engagement agreement that references them. KINGFISHER PHOENIX FINANCE LTD operates from 83 Kiln Ride WOKINGHAM RG40 3PJ United Kingdom, and correspondence can be sent to tirisaqofow335@gmail.com or made by phone on +1 (305) 871-4523.

Where a signed statement of work sets out different terms for a specific project, that statement of work prevails over these general terms for that project only.

2. Services and estimates

KINGFISHER PHOENIX FINANCE LTD provides platform engineering, cloud architecture, AI and automation development, cybersecurity engineering, DevOps pipeline work and technical audit services. Unless a statement of work says otherwise, work is delivered as professional services rather than as a packaged software product.

Estimates are based on the information available at the time they are written and on the assumptions recorded alongside them. If a material assumption proves incorrect, KINGFISHER PHOENIX FINANCE LTD will notify the client in writing, describe the effect on cost and timing, and agree any adjustment before continuing. Changes to scope that were not requested by either party are handled through a written change order.

3. Fees, invoicing and taxes

Fees are stated in United States dollars. Fixed-price engagements are invoiced according to the milestone schedule in the applicable statement of work; monthly and retainer engagements are invoiced in advance of each period. Invoices are payable within 30 days of the invoice date. Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law.

Travel and accommodation required for on-site work are billed at cost and approved in advance. Any surcharge for expedited or weekend scheduling is stated in the statement of work before work begins; where no surcharge is stated, none applies.

4. Client responsibilities

The client agrees to provide the access, information, systems and decisions that KINGFISHER PHOENIX FINANCE LTD reasonably needs to perform the services, including named decision-makers who can respond within agreed working hours. The client also agrees to keep its own users informed and to ensure that information provided to KINGFISHER PHOENIX FINANCE LTD is accurate and lawfully held.

Where a delay is caused by a client dependency, KINGFISHER PHOENIX FINANCE LTD will notify the client and adjust the delivery plan accordingly. Time and cost impact is agreed in writing before it is absorbed.

5. Acceptance

Each deliverable is reviewed against the acceptance criteria stated in the statement of work. The client has 10 business days from delivery to raise written objections. If no objections are raised within that period, the deliverable is treated as accepted. If an objection is raised, KINGFISHER PHOENIX FINANCE LTD will correct work that does not meet the agreed criteria at no additional charge. Requests for work outside the agreed criteria are treated as a change order.

6. Intellectual property

KINGFISHER PHOENIX FINANCE LTD assigns to the client all rights in the deliverables created specifically for that client, including source code, infrastructure definitions, documentation and design material. The client owns the repository from the first commit; payment terms are set out in the applicable statement of work. Pre-existing tools, libraries and internal utilities used by KINGFISHER PHOENIX FINANCE LTD remain the property of KINGFISHER PHOENIX FINANCE LTD and are made available to the client for use in the deliverables.

Each party keeps ownership of material that existed before the engagement or is developed independently of it. KINGFISHER PHOENIX FINANCE LTD may reference the engagement in a case study only with the client's written approval.

7. Confidentiality

Both parties keep confidential the non-public information they receive from the other and use it only to perform the engagement. This obligation survives the end of the engagement by three years. It does not apply to information that is public through no fault of the receiving party, already known without restriction, or required to be disclosed by law or court order, in which case the receiving party gives notice where legally permitted.

8. Data protection

KINGFISHER PHOENIX FINANCE LTD processes personal information in line with the Privacy Policy published on this site. Where an engagement involves personal data held by the client, the parties document their respective responsibilities in the statement of work. KINGFISHER PHOENIX FINANCE LTD applies access controls, encryption in transit and multi-factor authentication to systems it administers on the client's behalf.

9. Third-party services

Where a project depends on third-party platforms, cloud providers or open-source components, KINGFISHER PHOENIX FINANCE LTD does not control their availability, pricing or behaviour. Recommendations are made in good faith based on the requirements disclosed at the time; a change in a provider's pricing or terms after the estimate is accepted may affect the total cost of ownership described in it.

10. Liability

To the extent permitted by law, KINGFISHER PHOENIX FINANCE LTD is not liable for indirect or consequential loss, including lost profit, lost revenue or lost data arising from the services, and its total liability under an engagement is limited to the fees paid by the client for that engagement in the 12 months preceding the claim. Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud or wilful misconduct.

11. Termination

Either party may terminate a fixed-price engagement with 14 days of written notice. On termination, the client pays for work completed up to the termination date and receives everything produced to that point, together with a handover session. Prepaid amounts for milestones that have not started are refunded, and partially completed milestones are settled pro rata by the proportion delivered. KINGFISHER PHOENIX FINANCE LTD does not charge a cancellation penalty, and no early-termination fee applies.

Either party may terminate immediately if the other commits a serious breach that remains uncured 10 business days after written notice, or if the other becomes insolvent.

12. Refunds

Refund and credit terms for service work are set out in the Service Refund Policy on this site and form part of these terms. In summary, KINGFISHER PHOENIX FINANCE LTD refunds prepaid amounts for work that is not started, refunds or credits unused prepaid time pro rata, and does not refund work that has already been delivered and accepted.

13. Applicable law and jurisdiction

These terms and any dispute arising from them are governed by the laws of the State of Florida, United States of America, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida for any such dispute, and waive any objection based on venue or inconvenient forum. If a dispute cannot be resolved through direct discussion between the parties, either party may escalate it to a written mediation process before commencing proceedings, provided that a limitation period is not thereby extended beyond the statutory period.

14. General

If any provision of these terms is held unenforceable, the remainder continues in effect. Neither party may assign an engagement without the other's written consent, except where the assignment follows a merger or sale of substantially all assets. These terms, together with the applicable statement of work, constitute the entire agreement between the parties regarding the engagement and supersede earlier discussions.

15. Contact

Questions about these terms can be sent to tirisaqofow335@gmail.com, by phone to +1 (305) 871-4523, or by post to 83 Kiln Ride WOKINGHAM RG40 3PJ United Kingdom. KINGFISHER PHOENIX FINANCE LTD will respond to contract questions in writing within two business days.