Effective Date: [15-09-2025]
These Terms and Conditions of Service (“Agreement”) govern the relationship between SKI Digitals (“Company,” “we,” “our,” or “us”) and any client (“Client,” “you,” or “your”) engaging our services. By availing of our services, you agree to be bound by the terms outlined below.
1. Definitions
-
Services: All consultancy, development, design, marketing, or related professional services provided by SKI Digitals.
-
Deliverables: Any reports, designs, software, campaigns, or other outputs produced under this Agreement.
-
Client Materials: Any documents, data, content, or information provided by the Client.
2. Scope of Services
The Company shall provide services as agreed in writing through proposals, statements of work, or project briefs. Any modifications to the agreed scope must be approved in writing by both parties and may result in additional fees.
3. Fees and Payment
-
Invoices will be issued according to the agreed payment schedule.
-
The Client shall be responsible for all applicable taxes, duties, or levies.
4. Client Obligations
-
Provide accurate, timely, and complete information and approvals as reasonably required.
-
Ensure all Client Materials do not infringe third-party rights.
-
Cooperate in good faith to enable the Company to perform Services efficiently.
5. Intellectual Property
-
Upon full payment, ownership of Deliverables shall transfer to the Client, except for any pre-existing materials, tools, or methodologies of the Company, which shall remain its property.
-
The Company reserves the right to showcase completed Deliverables in its portfolio, unless otherwise agreed in writing.
6. Confidentiality
Both parties shall maintain confidentiality of all non-public, proprietary, or sensitive information disclosed during the engagement. This obligation shall survive termination of this Agreement.
7. Warranties and Disclaimer
-
The Company warrants that it will perform Services with reasonable skill, care, and diligence.
-
Except as expressly stated, no other warranties, express or implied, are provided.
-
The Company does not guarantee specific business outcomes, results, or performance improvements.
8. Limitation of Liability
-
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages.
-
The Company’s total liability shall not exceed the total fees paid by the Client under this Agreement.
9. Indemnification
The Client agrees to indemnify and hold harmless the Company, its employees, and affiliates from any claims, damages, or losses arising out of Client Materials, misuse of Deliverables, or breach of this Agreement.
10. Term and Termination
-
This Agreement shall remain in effect until Services are completed, unless terminated earlier.
-
The Company may terminate immediately for non-payment, breach of obligations, or unlawful use of Services.
-
Upon termination, all outstanding fees shall become immediately due and payable.
11. Force Majeure
Neither party shall be held liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, government actions, labor disputes, or internet outages.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws. The parties submit to the exclusive jurisdiction of the courts.
13. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Waiver
Failure by either party to enforce any provision shall not constitute a waiver of such right or any other rights under this Agreement.
15. Amendments
No amendment, modification, or waiver of this Agreement shall be effective unless made in writing and signed by both parties.
16. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, proposals, or communications, whether written or oral.