OCTICK Blog

OCTICK - Terms and Conditions

Effective Date: 28-11-2022

Company Name: Octick (Pvt) Ltd

Jurisdiction: Sri Lanka (with international clients)

1. Acceptance of Terms

By accessing or using the services, products, websites, or applications ("Services") provided by Octick (Pvt) Ltd ("Octick", "we", "our", or "us"), you ("Client", "User", "you") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

2. Services Provided

Octick provides software development, digital marketing, website development, mobile app development, branding, HR outsourcing, team augmentation, consulting services, and other related digital solutions. The scope of services provided to each Client is governed by separate service agreements, proposals, or invoices that may supplement these Terms.

3. Client Responsibilities

  • Provide accurate, complete, and timely information required for service delivery.
  • Make timely payments as per agreed invoices.
  • Cooperate with our team and respond promptly to information requests.
  • Comply with applicable laws, including data privacy, intellectual property, and employment regulations in their respective jurisdictions.

4. Payment Terms

  • All payments shall be made in the currency specified in the invoice.
  • Payments are due within the period specified in the invoice.
  • Delays in payment may result in suspension or termination of services.
  • In the event of cancellation or early termination by the Client, non-refundable fees and work completed until the date of termination will be billed.

5. Intellectual Property

  • Unless otherwise agreed in writing, the Client shall own final deliverables upon full payment.
  • Octick retains the right to display completed work for portfolio and marketing purposes unless the Client objects in writing.
  • All software, tools, processes, and know-how developed by Octick prior to or during the engagement remain the exclusive property of Octick unless explicitly transferred.

6. Confidentiality

Both parties agree to maintain confidentiality regarding all proprietary information, trade secrets, client data, and business operations shared during the course of the engagement.

7. Data Protection & Compliance

  • Octick complies with applicable data privacy regulations, including the Sri Lanka Personal Data Protection Act No. 9 of 2022, GDPR, and CCPA, where applicable.
  • Clients are responsible for ensuring their own compliance with data privacy laws related to the data they collect and provide.

8. Third-Party Tools & Integrations

  • Octick may integrate third-party services or platforms into client projects (e.g., Google, Meta, AWS, OpenAI, etc.).
  • Octick is not liable for any disruptions, data loss, or breaches originating from third-party platforms.
  • Clients are responsible for complying with the terms of any third-party service used.

9. Limitation of Liability

  • Octick shall not be liable for indirect, incidental, special, or consequential damages.
  • Our total liability for any claim shall not exceed the fees paid for the service that gave rise to the claim.
  • The Client agrees to indemnify Octick against any legal claims resulting from misuse of delivered services or illegal use of content provided.

10. Warranties Disclaimer

  • Services are provided "as-is" without warranties of any kind.
  • Octick does not guarantee specific business outcomes, rankings, or profits.

11. Termination

Either party may terminate the service agreement with written notice as specified in their individual contract. Outstanding payments for services rendered up to termination remain payable.

12. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka.
  • In case of disputes, both parties agree to attempt informal resolution before proceeding to arbitration or litigation.
  • Any legal action will be handled within the competent courts of Sri Lanka.

13. Modifications

We reserve the right to modify these Terms at any time. Updates will be published on our website and will become effective upon publication.

14. Contact

For any questions about these Terms, contact us at:

Octick (Pvt) Ltd

Email: [email protected]

Phone: +94 77 123 0087