Last updated: 26 July 2026
1. Interpretation and application
These Terms and Conditions (“Terms“) govern access to and use of the website at ktechsol.net (the “Website“) and, except to the extent displaced by a signed agreement, the supply of services by kTech Solutions, a company registered in the Republic of Fiji under Company Registration Number RCBS2015I1284, having its principal place of business at Sigatoka, Fiji (“kTech Solutions“, “we“, “us” or “our“).
In these Terms, “Client“, “you” or “your” means the person or entity accessing the Website or procuring services from us. “Services” means the information and communications technology services described in a Statement of Work, proposal, quotation, purchase order or service agreement accepted by both parties (each an “Engagement Document“). “Deliverables” means the software, systems, configurations, documentation and other materials produced by us for the Client under an Engagement Document.
Words importing the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.
2. Acceptance and electronic dealings
By accessing the Website or engaging our Services you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept these Terms you must not use the Website or procure Services from us.
The parties agree that contracts may be formed, and notices given, by electronic communication. Pursuant to the Electronic Transactions Act 2008 (Fiji), an electronic record satisfies any requirement for writing, and an electronic signature or affirmative electronic acceptance satisfies any requirement for signature, and neither shall be denied legal effect solely because it is in electronic form.
3. Order of precedence
Where there is inconsistency between documents forming part of the contract between the parties, the order of precedence is: (a) any executed master services agreement or formal contract; (b) the applicable Engagement Document; (c) these Terms; and (d) any other document incorporated by reference. Nothing in this clause operates to exclude a term implied or imposed by law which cannot lawfully be excluded.
4. Provision of Services
We will perform the Services with reasonable care, skill and diligence, in accordance with the Engagement Document and to a standard consistent with generally accepted professional practice in the information technology industry.
Dates and durations given for performance are estimates made in good faith on the information available. They are not of the essence unless expressly stated to be so in an Engagement Document executed by both parties.
We may engage subcontractors in the performance of the Services and remain responsible for the performance of those subcontractors as if performed by us.
5. Client obligations
The Client shall:
- provide timely, accurate and complete information, access, systems, credentials, decisions and approvals reasonably required for performance of the Services;
- nominate an authorised representative empowered to give instructions and approvals;
- ensure that any data, content or materials supplied to us do not infringe the rights of a third party and may lawfully be processed by us for the purposes of the Engagement;
- maintain adequate backups of its own data except to the extent backup is expressly included in the Services; and
- obtain and maintain all licences, consents and authorisations necessary for us to perform the Services.
Where our performance is delayed, prevented or made more costly by an act or omission of the Client, we shall be entitled to a reasonable extension of time and to recover reasonable additional costs properly incurred.
6. Fees, invoicing and taxes
Fees are as set out in the applicable Engagement Document. Unless expressly stated otherwise, fees are exclusive of Value Added Tax, which will be applied and accounted for in accordance with the Value Added Tax Act 1991 (Fiji) and any other applicable fiscal legislation.
Invoices are payable within the period stated on the invoice or, in the absence of a stated period, within thirty (30) days of the invoice date. We reserve the right to charge interest on overdue amounts at a reasonable commercial rate, and to suspend performance where undisputed invoices remain unpaid after written notice, without prejudice to any other right or remedy.
Where the Client disputes an invoice in good faith, it shall notify us in writing within fourteen (14) days of receipt, identifying the disputed items and the grounds. Undisputed amounts remain payable.
7. Intellectual property
All intellectual property rights subsisting in the Website, in our pre-existing methodologies, tools, frameworks, libraries and know-how, and in any improvements to them, remain our exclusive property. Rights in the Website’s content are protected under the Copyright Act 1999 (Fiji) and applicable international instruments.
Subject to payment in full of all sums due, we grant the Client a non-exclusive, non-transferable licence to use the Deliverables for its internal business purposes, or such other rights as are expressly granted in the applicable Engagement Document. Where an Engagement Document provides for assignment of rights in bespoke Deliverables, that assignment takes effect on payment in full.
Nothing in these Terms transfers rights in third-party or open-source components, which remain subject to their own licence terms. We will identify material third-party components in project documentation where reasonably practicable.
The Client grants us a limited licence to use its name and a factual description of the engagement for reference purposes, provided that no confidential information is disclosed and that the Client may withdraw this permission by written notice.
8. Confidentiality
Each party shall keep confidential all non-public information disclosed by the other in connection with an Engagement, use it solely for the purposes of the Engagement, and disclose it only to personnel and subcontractors who need to know it and who are bound by equivalent obligations.
These obligations do not apply to information which is or becomes public otherwise than by breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law, regulation, court order or a competent authority — provided that, where lawful, the disclosing party is given reasonable prior notice.
Confidentiality obligations survive termination for a period of five (5) years, and indefinitely in respect of information constituting a trade secret or personal information.
9. Data protection
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms. Where we process personal information on behalf of a Client in the course of delivering Services, we do so as a processor acting on the Client’s documented instructions, and the parties shall enter into such additional terms as are reasonably required to address the Client’s regulatory obligations.
10. Warranties and disclaimers
We warrant that we have the right to enter into the contract and that the Services will be performed as described in clause 4.
Except as expressly stated in these Terms or an Engagement Document, and to the maximum extent permitted by law, all other warranties, conditions, terms and representations, whether express or implied by statute, common law or otherwise, are excluded. In particular, we do not warrant that the Website or any system will be uninterrupted, error-free, or free from harmful components, or that any particular commercial result will be achieved.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Fijian Competition and Consumer Commission Act 2010 or any other law of Fiji where to do so would be unlawful, including any right that cannot lawfully be excluded in respect of a supply to a consumer.
11. Limitation of liability
Subject always to clause 10, and to the maximum extent permitted by law:
- neither party is liable for indirect, special or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, business opportunity or data, however arising;
- our aggregate liability arising out of or in connection with an Engagement, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by the Client under that Engagement in the twelve (12) months preceding the event giving rise to the liability; and
- each party shall take reasonable steps to mitigate its loss.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be limited.
12. Term, suspension and termination
An Engagement continues until completion of the Services or as otherwise stated in the Engagement Document. Either party may terminate for material breach which remains unremedied thirty (30) days after written notice specifying the breach, or immediately where the other party becomes insolvent, enters liquidation or receivership, or ceases to carry on business.
On termination the Client shall pay for Services properly performed and expenses properly committed up to the effective date of termination. Clauses concerning intellectual property, confidentiality, data protection, liability and governing law survive termination.
13. Force majeure
Neither party is liable for failure or delay in performance caused by an event beyond its reasonable control, including act of God, cyclone, flood, earthquake, fire, epidemic or pandemic, war, civil unrest, act of government, industrial action, or failure of telecommunications, power or internet infrastructure. The affected party shall notify the other promptly and use reasonable endeavours to mitigate. Where such an event continues for more than sixty (60) days, either party may terminate the affected Engagement on written notice.
14. Acceptable use of the Website
You must not use the Website in any manner that is unlawful, or that interferes with its operation or security. Without limitation, you must not attempt to gain unauthorised access to the Website or any connected system, introduce malicious code, or interfere with data held on it. Such conduct may constitute an offence under the Cybercrime Act 2021 (Fiji) and we reserve the right to refer suspected offences to the appropriate authorities.
Automated submission of forms, scraping, or use of the Website to transmit unsolicited commercial communications is prohibited.
15. Third-party links and materials
The Website may contain links to third-party websites or reference third-party products. Such links and references are provided for convenience and do not constitute endorsement. We accept no responsibility for the content, availability, or practices of third parties.
16. Variation, assignment and waiver
We may amend these Terms from time to time by publishing an updated version on the Website. The version in force at the time an Engagement Document is accepted governs that Engagement unless the parties agree otherwise in writing.
The Client may not assign or novate its rights or obligations without our prior written consent, such consent not to be unreasonably withheld. A failure or delay in exercising a right does not constitute a waiver of it.
17. Severability and entire agreement
If any provision of these Terms is held invalid or unenforceable, that provision shall be severed and the remainder shall continue in force. These Terms, together with the applicable Engagement Document and Privacy Policy, constitute the entire agreement between the parties in respect of their subject matter and supersede all prior representations, save that nothing excludes liability for fraudulent misrepresentation.
18. Governing law and dispute resolution
These Terms and any Engagement are governed by and construed in accordance with the laws of the Republic of Fiji. The parties submit to the exclusive jurisdiction of the courts of Fiji.
Before commencing proceedings, the parties shall attempt in good faith to resolve any dispute by negotiation between senior representatives within twenty-one (21) days of written notice of the dispute. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief.
19. Contact
Questions about these Terms may be directed to:
kTech Solutions
Company Registration No. RCBS2015I1284
Sigatoka, Fiji
Email: hello@ktechsol.net
Telephone: +679 921 3005