Terms of service
Effective from: [KUUPÄEV] · Version 1.0
1. General
The service is provided by LMT Konsult OÜ, registry code 14531770, address Järve 2, Tallinn 11314 (the “provider”), under the trading name i-consult. These terms apply to all services unless the parties agree otherwise in writing. The scope, deadline and fee of a specific engagement are agreed separately in a written proposal or contract, which prevails over these terms.
2. Nature and limits of the service
The service is management advisory. It is not an audit, a review or any other assurance service within the meaning of the Auditors Activities Act. The service does not result in an opinion on the correctness of the annual financial statements or on the company’s financial position, and the result must not be presented as an audit opinion.
The service does not include day-to-day bookkeeping, the preparation of tax returns, or legal advice. The provider draws attention to potential risk areas, but resolving them may require involving a representative of the relevant profession.
3. Client’s obligations
- To provide the provider with complete and accurate information in good time, and access to the agreed data.
- To notify of circumstances that may materially affect the outcome of the work.
- To designate a contact person authorised to make decisions on the client’s behalf.
The provider’s conclusions rely on the information provided by the client. The provider does not verify the original accuracy of the information submitted, other than as provided for within the agreed scope of work.
4. Fees and invoicing
- All prices exclude VAT. VAT is added at the applicable rate.
- For one-off work, invoices are issued on the agreed schedule, generally 50% at the start of the work and 50% on delivery of the results.
- The monthly service is invoiced at the start of the month, in advance.
- Payment term is 14 days from the invoice date, unless the proposal states otherwise.
- On amounts unpaid by the due date, the provider is entitled to charge default interest of 0.05% per day.
- Prices published on the website are indicative. The price stated in the written proposal is binding.
5. Duration and termination
One-off work is deemed complete upon delivery of the results. The monthly service is concluded for an indefinite term and either party may terminate it by giving at least 30 days’ written notice. The obligation to pay for services already provided remains in force.
Either party may terminate the contract extraordinarily if the other party materially breaches the contract and fails to remedy the breach within 14 days of a written notice.
6. Confidentiality
The parties keep information received during the cooperation confidential indefinitely. The obligation does not extend to information that is public without a breach, was already lawfully known to the party, or whose disclosure is required by law. The handling of data is described on the data security page.
7. Intellectual property
Reports, models and other work results handed over to the client belong to the client after the fee has been paid in full, and the client may freely use them in its business. The provider retains rights to general methods, templates, tools and know-how that existed before the work or were developed independently of the specific engagement.
Reports may not be passed to third parties without the provider’s written consent in a way that creates the impression that the provider is liable to those parties.
8. Liability
The provider performs the service with professional care. The provider does not guarantee any specific economic result, amount of savings or number of findings.
The provider’s liability within a single engagement is limited to the amount actually paid for that engagement. The provider is not liable for lost profit, indirect damage or third-party claims. This limitation does not apply in the case of intent or gross negligence.
The provider is not liable for damage arising from inaccurate, incomplete or late information provided by the client.
9. Conflict of interest
The provider informs the client if a circumstance arises that may cause a conflict of interest. Where necessary, measures are agreed or the cooperation is ended.
10. Force majeure
A party is not liable for failure to perform an obligation if it was caused by force majeure within the meaning of the Law of Obligations Act. The other party must be notified of the obstacle without delay.
11. Applicable law and disputes
These terms are governed by Estonian law. Disputes are resolved by negotiation. Failing agreement, a dispute is resolved by Harju County Court.
12. Changes to the terms
The provider is entitled to change the terms, giving existing clients at least 30 days’ notice. If the client does not agree to a change, they have the right to terminate the contract before the change takes effect.
