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Terms and Conditions

Effective Date: January 5, 2025

Welcome to khimananda.com. These Terms and Conditions ("Terms") govern your use of this website and the DevOps and cloud infrastructure consulting services provided by Khimananda Oli ("I", "me", or "my").

By accessing this website or engaging my services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use this website or services.

1. Services Provided

I provide professional DevOps engineering and cloud infrastructure consulting services, including but not limited to:

  • Cloud infrastructure design and optimization (AWS, Azure, GCP)

  • Kubernetes and container orchestration

  • CI/CD pipeline architecture and automation

  • Infrastructure as Code (Terraform, CloudFormation, Ansible)

  • Security hardening and compliance (SOC 1/2, ISO 27001)

  • Monitoring, logging, and observability solutions

  • System migration and modernization

  • Performance optimization and cost reduction

  • Technical consulting and architecture review

All services are provided on a freelance consulting basis unless otherwise agreed in writing.

2. Service Agreements

2.1 Engagement Process

Before starting any project, both parties will agree on:

  • Scope of work and deliverables

  • Timeline and milestones

  • Payment terms and rates

  • Communication channels and working hours

2.2 Written Agreement

For projects exceeding 40 hours or $5,000 USD in value, a formal written agreement or Statement of Work (SOW) will be provided and must be signed by both parties before work begins.

2.3 Changes to Scope

Any changes to the agreed scope of work must be documented and approved by both parties in writing. Additional work outside the original scope will be billed separately.

3. Payment Terms

3.1 Rates and Fees

  • Hourly rates or fixed project fees will be agreed upon before engagement

  • All rates are quoted in USD unless otherwise specified

  • Rates are subject to change with 30 days' notice for ongoing projects

3.2 Payment Schedule

  • Hourly Projects: Invoiced bi-weekly or monthly

  • Fixed-Price Projects: Payment milestones as defined in the agreement (typically 30% upfront, 40% mid-project, 30% upon completion)

  • Retainer Agreements: Paid monthly in advance

3.3 Payment Methods

Accepted payment methods include:

  • Bank transfer (international wire transfer)

  • PayPal

  • Wise (TransferWise)

  • Cryptocurrency (Bitcoin, USDT) upon request

3.4 Late Payments

  • Invoices are due within 14 days of issuance unless otherwise agreed

  • Late payments may incur a 5% late fee after 14 days

  • Work may be paused or suspended for invoices overdue by more than 30 days

3.5 Expenses

Any pre-approved expenses (e.g., cloud service costs, third-party tools, travel) will be billed separately with receipts provided.

4. Client Responsibilities

To ensure successful project delivery, clients agree to:

  • Provide timely access to necessary systems, environments, and documentation

  • Provide clear requirements, feedback, and approvals within agreed timelines

  • Assign a point of contact for project communication

  • Ensure necessary infrastructure access (VPN, IAM roles, API keys, etc.)

  • Backup critical data before any production changes

  • Respond to requests for information within 48 business hours

Delays caused by lack of client response or resource availability may result in project timeline extensions and additional costs.

5. Intellectual Property

5.1 Client-Owned Work

Upon full payment, all custom code, configurations, and documentation created specifically for the client become the client's property, unless otherwise agreed.

5.2 Pre-Existing Materials

I retain ownership of:

  • Pre-existing tools, frameworks, and code templates

  • Generic methodologies and best practices

  • Knowledge and expertise gained during the engagement

5.3 Portfolio Rights

Unless a Non-Disclosure Agreement (NDA) prohibits it, I reserve the right to:

  • List the project in my portfolio (with anonymized details if requested)

  • Use the project as a case study (with client approval)

  • Reference the engagement in professional discussions

6. Confidentiality

I agree to keep all client information confidential, including:

  • Business strategies and proprietary information

  • System architecture and configurations

  • Access credentials and security details

  • Financial and operational data

Confidential information will not be disclosed to third parties without written consent, except where required by law.

If additional confidentiality requirements exist, a separate Non-Disclosure Agreement (NDA) can be executed.

7. Warranties and Disclaimers

7.1 Professional Standards

I will perform all services with reasonable skill, care, and diligence in accordance with industry best practices.

7.2 No Guarantees

While I strive for excellence, I do not guarantee:

  • Specific performance improvements or cost savings

  • 100% system uptime or zero downtime deployments

  • Compatibility with all third-party services or future platform changes

  • Security against all possible threats or vulnerabilities

7.3 Third-Party Services

I am not responsible for:

  • Third-party service outages (AWS, Azure, GCP, etc.)

  • Changes to third-party APIs or pricing

  • Issues caused by client's existing infrastructure or legacy systems

7.4 Testing and Validation

Clients are responsible for:

  • Testing all changes in non-production environments before deployment

  • Validating that solutions meet their specific requirements

  • Maintaining backups and disaster recovery plans

8. Limitation of Liability

To the maximum extent permitted by law:

  • My total liability for any claim shall not exceed the total fees paid by the client for the specific project in question

  • I am not liable for indirect, incidental, consequential, or punitive damages

  • I am not liable for loss of profits, data loss, business interruption, or revenue loss

  • Clients agree to maintain appropriate insurance coverage for their systems and data

9. Indemnification

Clients agree to indemnify and hold me harmless from any claims, damages, or expenses arising from:

  • Client's misuse of delivered services or infrastructure

  • Violation of third-party rights or licenses by the client

  • Client's failure to maintain proper backups or security measures

  • Changes made by the client or third parties after project delivery

10. Termination

10.1 Termination by Client

Clients may terminate services at any time with 14 days' written notice. Client will be responsible for:

  • All work completed up to the termination date

  • Any outstanding invoices

  • Non-refundable upfront payments or retainer fees

10.2 Termination by Me

I reserve the right to terminate services with 14 days' written notice if:

  • Client fails to make payments within 30 days of due date

  • Client violates these Terms

  • Client requests unethical, illegal, or unsafe work

  • Working relationship becomes untenable

10.3 Post-Termination

Upon termination:

  • All access credentials will be revoked or transferred

  • Final invoices will be issued for work completed

  • Confidentiality obligations remain in effect

  • Work-in-progress files will be delivered upon full payment

11. Force Majeure

I am not liable for delays or failures in performance resulting from circumstances beyond my reasonable control, including but not limited to:

  • Natural disasters, pandemics, or public health emergencies

  • Internet or telecommunications failures

  • Power outages or infrastructure failures

  • Government actions, sanctions, or regulatory changes

  • Third-party service provider outages

12. Dispute Resolution

12.1 Good Faith Negotiations

In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiations.

12.2 Mediation

If negotiations fail, disputes will be submitted to mediation before pursuing legal action.

12.3 Governing Law

These Terms are governed by the laws of Nepal. For international clients, disputes will be resolved under internationally recognized arbitration rules.

12.4 Jurisdiction

Any legal proceedings shall be conducted in the courts of Lalitpur, Nepal, or through international arbitration for cross-border disputes.

13. Compliance and Legal Requirements

13.1 Data Protection

I comply with applicable data protection laws and regulations, including GDPR where applicable. See the Privacy Policy for details.

13.2 Export Controls

Clients are responsible for ensuring compliance with all export control laws and regulations when deploying infrastructure across borders.

13.3 Security Standards

All work follows industry-standard security practices, including ISO 27001 and SOC 2 principles where applicable.

14. Miscellaneous

14.1 Independent Contractor

I operate as an independent contractor, not as an employee, agent, or partner of the client.

14.2 Entire Agreement

These Terms, along with any signed agreements or SOWs, constitute the entire agreement between the parties.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

14.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.5 Assignment

Clients may not assign or transfer their rights under these Terms without written consent. I may assign subcontractors for specific tasks with client approval.

14.6 Amendments

These Terms may be updated from time to time. Continued use of services after updates constitutes acceptance of the revised Terms.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact me:

Khimananda Oli
Email: [email protected]
Phone: +977 9851187668
Location: Lalitpur, Nepal
Website: https://khimananda.com

Last Updated: January 5, 2025

By engaging my services or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.