Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the website and services provided by Aku Collective OÜ, a private limited company registered in Estonia with registration number 12224294 ("Company," "we," "our," or "us").

By accessing our website, requesting quotes, engaging our services, or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. Definitions

For the purposes of these Terms:

• "Services" means specialized project work services including oil & gas projects, petrochemical engineering, construction management, and engineering consulting
• "Client" means any individual or entity that engages our services
• "Project" means any specific work engagement or service delivery
• "Website" means our website and all related digital platforms
• "Agreement" means any service contract or engagement letter between us and a Client
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights

3. Website Use and Access

3.1 Permitted Use

You may use our website for legitimate business purposes, including:

• Obtaining information about our services and capabilities
• Submitting inquiries and project requests
• Accessing resources and industry information
• Applying for career opportunities

3.2 Prohibited Activities

You may not:

• Use our website for any unlawful purpose or in violation of applicable laws
• Attempt to gain unauthorized access to our systems or networks
• Reproduce, modify, or distribute our content without permission
• Use automated systems to scrape or harvest data from our website
• Submit false, misleading, or fraudulent information
• Interfere with the proper functioning of our website or services

3.3 Account Security

If you create an account or submit information through our website, you are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account.

4. Services and Engagement

4.1 Service Categories

We provide specialized project work services in the following areas:

• Oil & Gas Projects: EPC services, offshore platforms, pipeline systems, processing facilities
• Petrochemical Engineering: Complex design, construction, process optimization
• Construction Management: Project management, MEP engineering, construction supervision
• Engineering Consulting: Feasibility studies, technical audits, owner's engineering

4.2 Service Engagement Process

1. Initial Inquiry: Client submits project requirements through our website or direct contact
2. Assessment: We evaluate project scope, technical requirements, and feasibility
3. Proposal: We provide detailed technical and commercial proposals
4. Agreement: Formal service agreement executed with specific terms and conditions
5. Delivery: Project execution according to agreed specifications and timeline

4.3 Service Standards

Our services are delivered in accordance with:

• International engineering and construction standards
• Estonian and EU regulatory requirements
• Azerbaijan local laws and regulations where applicable
• Industry best practices and safety standards
• ISO 9001, ISO 14001, and ISO 45001 management systems

5. Pricing and Payment Terms

5.1 Pricing Structure

• Service pricing is determined based on project scope, complexity, and duration
• Prices are quoted in US Dollars or Euros unless otherwise specified
• All prices are exclusive of applicable taxes, duties, and fees
• Pricing is valid for the period specified in our proposals

5.2 Payment Terms

• Payment terms are specified in individual service agreements
• Standard payment terms are net 30 days from invoice date
• Large projects may require milestone-based payment schedules
• Late payments may incur interest charges as permitted by law

5.3 Additional Costs

Clients are responsible for:

• Travel and accommodation expenses for on-site work
• Third-party fees and regulatory approvals
• Materials, equipment, and specialized tools as specified
• Changes in scope or requirements after agreement execution

6. Client Obligations and Responsibilities

6.1 Information and Access

Clients must provide:

• Accurate and complete project information and requirements
• Timely access to project sites, facilities, and personnel
• Necessary permits, approvals, and regulatory clearances
• Technical data, drawings, and specifications as required

6.2 Cooperation and Communication

• Designate qualified project representatives and decision-makers
• Participate in regular project meetings and reviews
• Provide timely feedback and approvals on deliverables
• Communicate changes in requirements or constraints promptly

6.3 Safety and Compliance

• Ensure compliance with local health, safety, and environmental regulations
• Provide necessary safety training and equipment for site access
• Maintain appropriate insurance coverage for project activities
• Report any safety incidents or concerns immediately

7. Intellectual Property Rights

7.1 Our Intellectual Property

We retain ownership of:

• Our proprietary methodologies, processes, and know-how
• Pre-existing intellectual property and technologies
• Generic tools, templates, and standard procedures
• Our brand, trademarks, and marketing materials

7.2 Client Intellectual Property

Clients retain ownership of:

• Pre-existing client technologies and proprietary information
• Project-specific data and business information
• Custom deliverables developed specifically for the client project

7.3 Third-Party Intellectual Property

Both parties must respect third-party intellectual property rights and obtain necessary licenses for proprietary technologies or software used in projects.

8. Confidentiality and Data Protection

8.1 Confidential Information

We commit to maintaining strict confidentiality of:

• Client technical data, business information, and trade secrets
• Project specifications, performance data, and operational details
• Financial information and commercial terms
• Any information marked as confidential or proprietary

8.2 Data Protection

Personal data processing is governed by our Privacy Policy and complies with GDPR and Estonian data protection laws. We implement appropriate technical and organizational measures to protect personal data.

8.3 Information Security

We maintain information security measures including:

• Secure data storage and transmission protocols
• Access controls and user authentication systems
• Regular security assessments and updates
• Staff training on confidentiality and data protection

9. Warranties and Disclaimers

9.1 Service Warranties

We warrant that our services will be:

• Performed with professional skill and care
• Delivered in accordance with agreed specifications
• Compliant with applicable technical standards and regulations
• Free from defects in workmanship for the warranty period specified

9.2 Disclaimer of Other Warranties

Except as expressly stated, we disclaim all other warranties, including:

• Implied warranties of merchantability or fitness for particular purpose
• Warranties regarding website availability or error-free operation
• Guarantees of specific project outcomes or performance results
• Warranties for third-party products or services

9.3 Website Content

Website information is provided for general guidance only. We do not warrant the accuracy, completeness, or current nature of website content.

10. Limitation of Liability

10.1 Liability Limitations

To the maximum extent permitted by law, our total liability for any claim shall not exceed:

• The total fees paid by the client for the specific project or service
• €100,000 for any single incident or series of related incidents
• €500,000 for all claims in any 12-month period

10.2 Excluded Damages

We shall not be liable for:

• Indirect, consequential, or punitive damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption not caused by our negligence
• Third-party claims not directly related to our services

10.3 Force Majeure

We are not liable for delays or non-performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, government actions, or pandemic-related restrictions.

11. Insurance and Risk Management

11.1 Our Insurance Coverage

We maintain appropriate insurance coverage including:

• Professional indemnity insurance for engineering services
• General liability insurance for business operations
• Cyber liability insurance for data protection
• Workers' compensation as required by law

11.2 Client Insurance Requirements

Clients may be required to maintain:

• Project-specific insurance coverage as specified in agreements
• Public liability insurance for project sites and operations
• Property insurance for equipment and materials

12. Termination and Suspension

12.1 Termination for Convenience

Either party may terminate service agreements with appropriate notice as specified in individual contracts, typically 30-90 days depending on project complexity.

12.2 Termination for Cause

We may terminate services immediately if:

• Client fails to pay fees when due after proper notice
• Client materially breaches agreement terms
• Client engages in illegal or unethical conduct
• Project becomes technically or commercially unfeasible

12.3 Effects of Termination

Upon termination:

• Client remains liable for fees incurred to termination date
• We will deliver completed work products and project documentation
• Confidentiality obligations continue beyond termination
• Both parties retain their respective intellectual property rights

13. Dispute Resolution

13.1 Negotiation and Mediation

Disputes should first be addressed through direct negotiation between senior representatives of both parties. If unresolved, disputes may be submitted to mediation.

13.2 Arbitration

For significant commercial disputes, arbitration may be conducted under:

• ICC Rules of Arbitration for international projects
• Estonian Chamber of Commerce arbitration rules for domestic matters
• Seat of arbitration in Tallinn, Estonia or as agreed

13.3 Court Jurisdiction

Estonian courts have jurisdiction for disputes not subject to arbitration, with Estonian law governing contract interpretation and enforcement.

14. Regulatory Compliance

14.1 International Compliance

Our services comply with:

• Estonian and EU engineering and construction regulations
• Azerbaijan local laws and international project requirements
• International sanctions and export control regulations
• Anti-corruption and anti-bribery laws

14.2 Environmental and Safety Standards

We adhere to:

• ISO 14001 environmental management standards
• ISO 45001 occupational health and safety standards
• Local environmental protection requirements
• Industry-specific safety protocols and procedures

15. Amendments and Updates

15.1 Terms Updates

We may update these Terms from time to time to reflect:

• Changes in applicable laws and regulations
• Evolution of our business practices and services
• Technological developments and industry standards
• Feedback from clients and stakeholders

15.2 Notification Process

Updates will be communicated through:

• Website posting with updated effective date
• Email notification to active clients and subscribers
• Direct communication for material changes affecting ongoing projects

15.3 Continued Use

Continued use of our website or services after Terms updates constitutes acceptance of the revised Terms.

16. Contact Information and Legal Notices

16.1 General Contact

16.2 Legal Notices

Formal legal notices should be sent to our registered address or legal email with "Legal Notice" in the subject line. Notices are effective upon receipt confirmation.

16.3 Governing Law

These Terms are governed by Estonian law. Any disputes shall be resolved in accordance with Estonian legal procedures and jurisdiction.

17. Severability and Entire Agreement

17.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and specific service agreements, constitute the entire agreement between parties regarding website use and general service terms.

17.3 Precedence

For specific service engagements, individual contracts and agreements take precedence over these general Terms where there are conflicts.