1.Agreement to these terms
These Terms & Conditions ("Terms") govern your use of www.provixdigital.com (the "Website") and form the general terms on which Provix Digital ("Provix", "we", "us", or "our") provides services to clients.
By using the Website or engaging our services, you agree to these Terms. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind that organisation. If you do not agree, please do not use the Website or our services.
2.Our services
We provide AI and workflow automation, custom software and SaaS development, web development, mobile app development, and related consulting, design, maintenance, and support services.
The specific scope, deliverables, timeline, milestones, and fees for each project are set out in a written proposal, quote, or statement of work ("SOW") agreed between you and us. If there is a conflict between these Terms and a signed SOW or services agreement, the SOW or services agreement takes priority.
3.Use of the website
You may use the Website for lawful purposes only. You agree not to:
- Use the Website in a way that breaks any applicable law or regulation.
- Attempt to gain unauthorised access to the Website, its servers, or any connected systems.
- Introduce viruses, malware, or other harmful code, or carry out denial-of-service or similar attacks.
- Submit false, misleading, or spam enquiries through our forms.
- Scrape, copy, or reproduce Website content for commercial purposes without our written permission.
Information on the Website, including pricing ranges, timelines, and case studies, is provided for general guidance only and does not form a binding offer. Final pricing and timelines are confirmed in a written quote or SOW.
4.Client responsibilities
To help us deliver your project on time, you agree to:
- Provide accurate requirements, content, feedback, and approvals in a timely manner.
- Give us access to the systems, accounts, repositories, and third-party services reasonably needed for the project.
- Make sure you have the rights to any content, data, trademarks, or materials you provide to us, and that our use of them for your project will not infringe anyone else's rights.
- Comply with applicable laws, including data protection laws, in relation to any personal data you ask us to process on your behalf.
Delays caused by late feedback, missing materials, or changes in scope may affect the timeline and, where agreed, the fees.
5.Fees and payment
Fees are set out in your quote or SOW and are usually billed in milestones. Unless otherwise agreed in writing:
- An upfront deposit is required before work begins.
- Invoices are payable within 14 days of the invoice date.
- All fees are quoted in US dollars (USD) unless stated otherwise, and exclude any applicable taxes, bank charges, or currency conversion fees.
- Third-party costs such as hosting, domains, software licences, API usage, and app store fees are paid by the client directly or reimbursed at cost.
- We may pause work on a project if an invoice remains unpaid more than 14 days after its due date.
Work requested outside the agreed scope is treated as a change request and will be quoted separately before we begin.
6.Intellectual property
Once you have paid in full for a milestone, you own all rights in the custom source code, designs, and deliverables we create specifically for you under that milestone.
We keep ownership of our pre-existing tools, libraries, frameworks, templates, and know-how ("Provix Materials"). Where Provix Materials are included in your deliverables, we grant you a perpetual, worldwide, royalty-free, non-exclusive licence to use them as part of those deliverables.
Open-source software and third-party components remain subject to their own licences. We will let you know about any third-party licences that apply to your deliverables.
Unless you ask us not to, we may mention your company name and logo and describe the project in general terms in our portfolio and marketing materials, without disclosing confidential information.
All content on the Website, including text, graphics, logos, and design, belongs to Provix Digital or its licensors and may not be used without our permission.
7.Confidentiality
Each party agrees to keep the other party's confidential information private and to use it only for the purpose of the project. This does not apply to information that is already public, was lawfully known before disclosure, is independently developed, or must be disclosed by law. We are happy to sign a separate non-disclosure agreement (NDA) on request.
8.Warranties and support
We will perform our services with reasonable skill and care, in line with generally accepted industry standards.
After launch, we will fix defects in our deliverables that cause them to fail to meet the agreed specification, if reported within 30 days of delivery, at no extra cost. Ongoing maintenance, monitoring, updates, and new features are available under a separate support or retainer agreement.
Except as expressly stated in these Terms or a signed SOW, the Website and our services are provided "as is". We do not guarantee that any software will be error-free or run without interruption, or that AI systems will produce accurate results in every case. You are responsible for reviewing and validating outputs from AI-powered features before relying on them for important decisions.
9.Limitation of liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or business opportunity.
Our total liability arising out of or in connection with any project is limited to the total fees you paid us for that project in the 12 months before the claim arose.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under applicable law.
10.Indemnity
You agree to indemnify us against claims, losses, and costs arising from content, data, or materials you supply to us, or from your use of the deliverables in a way that breaks the law or these Terms.
11.Termination
Either party may end a project by giving 14 days' written notice. Either party may end a project immediately if the other party materially breaches these Terms and does not fix the breach within 14 days of being notified.
If a project ends early, you agree to pay for all work completed up to the termination date, plus any non-refundable third-party costs we have incurred. Upon payment, we will hand over all completed work. Deposits cover initial planning and resource allocation and are non-refundable once work has started.
12.Third-party services
Projects may rely on third-party platforms such as cloud hosting, AI model providers, payment gateways, and app stores. We are not responsible for outages, pricing changes, policy changes, or discontinuation of those third-party services, although we will help you respond to them where we can.
13.Force majeure
Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, pandemics, war, government action, power or internet outages, or failures of third-party infrastructure.
14.Governing law and disputes
These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka, unless a signed SOW or services agreement states otherwise. We will always try to resolve any dispute informally and in good faith first. If a dispute cannot be resolved within 30 days, either party may refer it to the courts of Colombo, Sri Lanka.
If you are a consumer, nothing in these Terms affects the mandatory rights you have under the laws of the country where you live.
15.Changes to these terms
We may update these Terms from time to time. The "Last updated" date at the top of this page shows when they were last revised. Changes will not affect projects already covered by a signed SOW unless both parties agree in writing.
16.Contact us
If you have any questions about these Terms, please contact us:
- Provix Digital
- Colombo, Sri Lanka
- Email: hello@provixdigital.com
- Phone: +94 70 689 2557
Questions?
If you have any questions about our terms, email us at hello@provixdigital.com or reach us through our contact page.
