1. Scope
These Terms apply to all contracts between Artur Au, trading as "Zen IT Digital" (the "Provider"), and customers regarding consulting, implementation and support services in digital operations, AI automation, web development and related work.
2. Contract formation
A contract is formed through an individual proposal and acceptance (for example by email, in writing or through an agreed proposal tool). The specific scope, timeline and fees are primarily defined in the relevant proposal.
3. Services and client cooperation
- The Provider delivers the agreed services in line with current professional standards.
- The Client provides all information, content, access credentials and approvals required for delivery in a timely manner.
- Delays caused by missing client cooperation may lead to corresponding timeline adjustments.
4. Fees and payment terms
- Unless otherwise stated, all fees are in EUR.
- The Provider is classified as "Article 11 exempt" under the Malta VAT Act; VAT is not charged unless legally required.
- Invoices are payable within 14 days of invoice date without deduction, unless otherwise agreed.
- Late payments are subject to applicable law.
5. Intellectual property and usage rights
- Subject to full payment, the Client receives the usage rights required for the contractual purpose in custom deliverables.
- Pre-existing rights, frameworks, libraries, templates and general know-how remain with their respective rights holders.
- Open-source components remain subject to their applicable licenses.
6. Liability
- The Provider has unlimited liability for wilful misconduct, gross negligence, and injury to life, body or health.
- For ordinary negligence, liability is limited to breaches of essential contractual obligations and capped at foreseeable, typical contractual damages.
- Any further liability is excluded to the extent permitted by law.
7. Confidentiality and data protection
Both parties will treat confidential information of the other party as confidential. Personal data processing is carried out in accordance with applicable data protection law and the Privacy Notice.
8. Term and termination
- For ongoing services (for example maintenance/support), the term and notice periods set out in the proposal apply.
- The right to terminate for cause remains unaffected.
9. Final provisions
- Maltese law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.
- Where legally permissible and where the Client is a merchant, Malta is the place of jurisdiction.
- If any provision is invalid, the remaining provisions remain in effect.