KPX IT Services L.L.C., 28/A Rexhep Mala, Prishtina 10000, Reg. No. 812252138
Version: 23.11.2025
1.1 These GTC apply to all offers, contracts and services of KPX IT Services L.L.C. towards entrepreneurs as well as legal entities under public law and special funds under public law. Contracts with consumers are excluded.
1.2 These GTC apply exclusively. Conflicting or deviating terms of the customer shall not apply. This also applies if KPX IT Services L.L.C. performs services with knowledge of such terms. Deviations apply only with express consent in text form.
1.3 Services include in particular consulting, IT services, software development and integration, Software as a Service (SaaS) and hosting and managed services, support as well as the resale and brokerage of third party software licenses.
1.4 Definitions.
2.1 Offers issued by KPX IT Services L.L.C. are binding for a period of ten (10) calendar days, unless expressly stated otherwise.
2.2 A contract is concluded upon (i) written confirmation by KPX IT Services L.L.C., (ii) countersignature by the Customer, (iii) acceptance via electronic systems (e.g. ticket system), or (iv) commencement of service provision.
2.3 Order of precedence of contractual documents: first, individual agreements including orders and SOWs. Then these GTC. Then service descriptions including any service level specifications.
2.4 Statements of Work (SOW) may be used by agreement of the parties. Where used, an SOW shall form part of the contract.
2.5 Mandatory statutory provisions remain unaffected.
3.1 Consulting as an obligation of effort
3.2 IT services, support, managed services as an obligation of effort
3.3 Work results only upon express agreement
3.4 Regarding third party products resale and brokerage — Clause 5 applies.
4.1 Scope of services, objectives and deliverables result from the offer or the service description including annexes.
4.2 Change requests must be submitted in text form. KPX IT Services L.L.C. shall assess the impact of the requested change on scope, effort, timelines, and remuneration and shall notify the Customer accordingly.
4.3 A change becomes binding only upon express approval in text form by both parties. If the Customer does not approve a proposed Change Order, the original scope remains unchanged; timelines shall be extended to the extent the change request or delayed decision impacts performance.
5.1 When selling or brokering third party software or services, KPX IT Services L.L.C. acts as reseller or intermediary. Exclusively the license, warranty and support terms of the respective manufacturer or provider (EULA or TOS) apply, which the customer accepts with the order.
5.2 KPX IT Services L.L.C. assumes no guarantees of characteristics, durability or performance for third party products. Warranty rights exist exclusively in accordance with the manufacturer’s terms. KPX IT Services L.L.C. assigns to the customer any own manufacturer claims (if any) and reasonably supports the customer in asserting them.
5.3 KPX IT Services L.L.C.’s own obligations remain unaffected. These include in particular the proper procurement and transfer of licenses as well as correct billing.
5.4 Insofar as KPX IT Services L.L.C. integrates or configures third party products, this integration service is a service of effort under clause 3.2. A work performance exists only upon express agreement under clause 3.3.
6.1 The customer provides in good time within 10 calendar days from the day of accepting the offer, all required information, decisions, access, test data, suitable system and network infrastructures as well as qualified contacts.
6.2 Missing or delayed cooperation postpones deadlines appropriately. Additional efforts will be remunerated separately.
6.3 The customer is responsible for regular data backups insofar as backups have not been expressly assumed by KPX IT Services L.L.C. Clauses 13 and 20.5 apply in addition.
7.1 Acceptable deliverables will be provided for review. The customer reviews within 10 calendar days.
7.2 Material defects must be notified with sufficient detail. Minor defects do not entitle to refuse acceptance and will be remedied as part of subsequent performance.
7.3 If no timely notice is given or the service is used productively, it is deemed accepted.
8.1 Availabilities, maintenance windows as well as response and restoration times result from the service description. Unless otherwise regulated in the service description, KPX IT Services L.L.C. ensures a monthly service availability of 95 percent. Availability is measured at the demarcation point defined in the service description (e.g., successful request to the service endpoint) excluding the periods under clause 8.3.
8.2 Planned maintenance will be announced in good time and does not count as unavailability. Unplanned emergency maintenance necessary to avert danger will be notified without undue delay.
8.3 Exclusions from availability
8.4 Service credits or other legal consequences in case of shortfall of availability result from the service description. If there is no such provision, claims are limited to the statutory and contractual rights under clause 20.
8.5 Upon termination of the contract, the Customer may request the return of its data in a commonly used, machine-readable format within thirty (30) days. Exit assistance and data handover services shall be provided on a time-and-material basis at the applicable rates. After expiry of the retention period, all Customer data shall be irreversibly deleted unless statutory retention obligations apply.
9.1 Unless otherwise agreed, upon full payment the customer receives a simple non-exclusive, perpetual and worldwide right of use to the Deliverables created specifically for the customer. Option for exclusive rights: upon request, exclusive rights of use will be granted. KPX IT Services L.L.C. retains a non-exclusive right of use to generic and non-customer specific components such as know-how, templates and frameworks, insofar as no trade secrets of the customer are disclosed.
9.2 Background IP of KPX IT Services L.L.C. is not transferred. The customer receives a right of use necessary for contract performance.
9.3 Third party and standard software is licensed only. Their license terms apply.
9.4 Open source components used are subject to their respective licenses such as MIT, Apache 2.0 or GPL. A component list will be provided upon request or in the project closing report.
10.1 The parties comply with applicable data protection law.
10.2 Insofar as KPX IT Services L.L.C. processes personal data on behalf, the parties will conclude a data processing agreement (DPA) prior to the start of services. The DPA shall prevail over any website privacy policy in case of conflict.
10.3 Data transfers to other countries take place regularly and always on an appropriate legal basis, for example standard contractual clauses.
10.4 The customer remains controller for the lawfulness of content and data as well as for corresponding information duties towards data subjects.
11.1 Both parties keep confidential information marked as confidential or evidently confidential.
11.2 The obligation applies during the term of the contract and for 5 years thereafter. For trade secrets there is no time limit.
11.3 Disclosure is permitted to advisors bound to confidentiality as well as engaged subcontractors with appropriate binding and where required by law.
12.1 KPX IT Services L.L.C. may use qualified subcontractors domestically and abroad as well as within the KPX group of companies and remains responsible for their performance. Processors will be engaged in compliance with data protection.
13.1 The parties implement appropriate technical and organizational security measures.
13.2 Access and passwords must be kept confidential. The customer is responsible for permissions of its users.
13.3 Backups and 3-2-1 principle. Even if KPX IT Services L.L.C. provides backup services, these are only one component within the meaning of the 3-2-1 principle. The customer ensures that in total three copies exist on two different media types with at least one external or offline copy and organizes the additional measures required for this outside the responsibility of KPX IT Services L.L.C.
13.4 KPX IT Services L.L.C. reports security incidents to the customer without undue delay with the information available.
14.1 Pricing models. Time and material at agreed hourly or daily rates. Fixed price for defined outcomes. Retainer or subscription, for example for SaaS and support. Billing modalities such as upfront, monthly, quarterly or annually are set out in the offer or service description.
14.2 Prices are in EUR plus applicable taxes and reasonable expenses such as travel and out of pocket.
14.3 Invoicing. KPX IT Services L.L.C. issues invoices according to the agreed billing mode. Irrespective of the billing mode, each invoice is due net within 10 calendar days from invoice date.
14.4 In case of default of payment, statutory default interest applies. KPX IT Services L.L.C. may withhold services and temporarily suspend access until due amounts are settled. No deletion of data takes place in this context. KPX IT Services L.L.C. is entitled to suspend services, access, or usage rights, in whole or in part, if the Customer is in default of payment, without this constituting a breach of contract.
14.5 Price adjustments for ongoing services may be made with effect for the future, not more than once per twelve (12) months, and with at least thirty (30) days’ prior notice in text form. Price adjustments shall be based on objective reasons, in particular changes in personnel costs, infrastructure costs, third-party costs, inflation, or scope of services. In case of an increase, the customer has a special termination right at the time the price adjustment takes effect. The special termination right must be exercised within 4 weeks after notification.
14.6 In the event that physical goods are delivered, ownership shall transfer to the Customer only upon full payment.
15.1 Any rights of use granted to the Customer in relation to deliverables, software, documentation, or services shall arise only upon full and final payment of all remuneration due. Until full payment is received, any granted rights of use remain suspended.
16.1 Travel costs, expenses and necessary third party services to be reimbursed by the customer will be charged against evidence at market standard conditions unless otherwise agreed.
16.2 Travel time counts as working time unless agreed otherwise.
17.1 Deadlines are binding only if expressly agreed as such.
17.2 Deadlines are extended appropriately in case of force majeure under clause 25 as well as delays attributable to the customer.
18.1 For services, consulting and support an obligation of effort applies. Warranty claims exist only in case of culpable breach of contractual obligations.
18.2 For work performances, statutory warranty rights apply from acceptance. Subsequent performance has priority.
18.3 Defects must be documented with logs, screenshots and reproduction steps.
18.4 For third party products, exclusively clause 5 applies. A warranty by KPX IT Services L.L.C. for these is excluded.
19.1 If a third party asserts claims due to infringement of rights by Deliverables, the customer informs KPX IT Services L.L.C. without undue delay and enables the defense.
19.2 KPX IT Services L.L.C. may at its discretion modify or replace the Deliverables or procure rights of use. Statutory claims remain unaffected.
19.3 For third party products clause 5 applies.
19.4 Third-party products – limitation of liability. KPX IT Services L.L.C. shall not be liable for damages, defects, or infringements caused by third-party products, including software or hardware, where KPX IT Services L.L.C. acts solely as a reseller, distributor, or licensing intermediary and is not the manufacturer or developer of such products. Any claims relating to such products shall be governed exclusively by the respective manufacturer’s or provider’s terms and conditions, without prejudice to KPX IT Services L.L.C.’s own obligations under this Agreement.
19.5 Availability of third-party products. The supply, availability, and continued provision of third-party products are subject to the respective manufacturer’s or provider’s product portfolio, licensing policies, and delivery capabilities. KPX IT Services L.L.C. shall be entitled to discontinue the provision of a third-party product if the manufacturer or provider ceases to offer or supply such product, without this constituting a breach of contract.
20.1 KPX IT Services L.L.C. is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health.
20.2 In cases of simple negligence, KPX IT Services L.L.C. is liable only for breach of essential contractual obligations. Liability is limited to the typically foreseeable damage.
20.3 Liability for loss of profit, indirect or consequential damages is excluded. This does not apply to claims asserted by third parties due to infringement of intellectual property rights under clause 19, to the extent such damages are awarded by a court or agreed in a settlement approved by KPX IT Services L.L.C.
20.4 Liability cap. The aggregate liability arising out of and in connection with the contract is limited to 50 percent of the fees paid by the customer in the 12 months preceding the damaging event or to 50 percent of the respective project fixed price. For continuing obligations without a 12 month history, the agreed annual fee is the basis and will be applied pro rata.
20.5 For data loss, KPX IT Services L.L.C. is liable only up to the typical recovery effort in case of proper data backups by the customer in accordance with clause 13.3.
20.6 Mandatory statutory liability remains unaffected.
21.1 If circumstances occurring after contract conclusion fundamentally alter the economic balance of the contract without rendering performance impossible, the affected party may request an adjustment of the contract. Until agreement is reached, both parties shall continue performance to the extent reasonably possible.
22.1 The customer refrains from soliciting or hiring employees and key personnel of KPX IT Services L.L.C. during the term of the contract and for 12 months thereafter. This does not apply with prior consent. Contractual penalty 3 gross monthly salaries of the affected person, capped at EUR [●] per breach.
23.1 The parties comply with applicable export, trade and sanctions regulations.
23.2 Services may not be used for prohibited purposes.
23.3 No improper advantages are granted or accepted.
24.1 The customer undertakes not to use services of KPX IT Services L.L.C. to commit criminal offenses, to attack rights or infrastructure of third parties, to infringe copyrights or other intellectual property rights by distributing unauthorized content, or to host or distribute other criminally relevant content.
24.2 In case of minor violations, KPX IT Services L.L.C. may after a single warning partially or fully suspend services and may terminate the contract for cause with immediate effect if the customer does not cease the infringement without delay.
24.3 In case of severe violations, in particular attacks on third parties, botnet operation, child sexual content, terrorism propaganda, massive infringement of rights or in case of official orders, KPX IT Services L.L.C. is entitled to suspend services immediately and to terminate the contract for cause without prior warning with immediate effect.
24.4 Statutory notification obligations and cooperation with authorities remain unaffected.
24.5 Process safeguards. Where reasonably possible, KPX IT Services L.L.C. will (i) notify the Customer prior to suspension, (ii) limit the suspension to the affected service component, and (iii) restore access without undue delay once the violation has ceased or was proven unfounded.
25.1 Events beyond reasonable control of a party, including natural disasters, war, governmental measures, strikes, or large-scale network outages, which render performance impossible or unreasonably delayed, shall suspend the affected obligations for the duration of the impediment. Deadlines shall be extended accordingly.
26.1 Project contracts end upon acceptance or completion of the agreed services.
26.2 Continuing services such as SaaS or support run for an indefinite period. The notice period is 3 months to the end of a month unless otherwise provided in the service description.
26.3 The right to extraordinary termination for cause remains unaffected. Notices of termination must be in text form.
27.1 Optional. The customer permits KPX IT Services L.L.C. to name the customer as a reference with name and logo in marketing materials and on websites. An objection is possible at any time with effect for the future.
28.1 Rights and obligations may be assigned or transferred only with the consent of the other party. KPX IT Services L.L.C. may assign monetary claims without consent.
28.2 Set off and retention are permitted only with undisputed or finally adjudicated claims.
28.3 In case of universal legal succession such as a merger, the contract transfers accordingly.
29.1 KPX IT Services L.L.C. may change these GTC for continuing obligations with effect for the future if there are objective reasons. Changes will be communicated in text form. If the customer does not object within six (6) weeks after receipt of the notice, the changes are deemed approved. KPX IT Services L.L.C. will expressly point this out in the notice. In case of objection, both parties have a special termination right at the effective date.
30.1 The law of the Republic of Kosovo applies. Conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded.
30.2 The place of jurisdiction for all disputes is, to the extent permitted, Basic Court of Prishtina.
30.3 The contract language is English. Upon request, a version in German or Albanian can be provided. In case of deviations, the English version prevails.
31.1 Should individual provisions be wholly or partially invalid or unenforceable, the remainder of the contract remains effective. In place of the invalid provision, a valid provision applies that comes closest to the economic purpose.
31.2 Amendments and supplements require text form, unless these GTC or mandatory law require written form.
32.1 Support requests must be submitted in text form via the designated support channel support@kpx-ks.com, unless otherwise agreed.
