Terms of Service

1. Agreement to Terms

Welcome to Asseminate Solutions Private Limited. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you may not access our services or use our website.

2. Definitions

For the purposes of these Terms:

• "Company," "We," "Us," or "Our" refers to Asseminate Solutions Private Limited, located at 135/1, Kirindivela Road, Etikeleghala, Weliveriya, Western Province, Sri Lanka (11710)
• "Client," "You," or "Your" refers to the individual, company, or legal entity accessing or using our services
• "Services" refers to all web design, development, management systems, cloud solutions, and related services provided by us
• "Website" refers to www.asseminate.com and all associated web pages and platforms
• "Project" refers to any work, deliverable, or service engagement between you and us
• "Content" refers to text, images, code, designs, and any materials created or provided as part of our services

3. Services Overview

Asseminate Solutions provides the following services:

• Website Design & Development: Custom website creation, responsive design, e-commerce solutions, and CMS development
• Management Systems: CRM systems, inventory management, project management tools, and custom dashboards
• Cloud Based Solutions: Cloud migration, SaaS applications, cloud hosting, and API development
• Additional Services: Branding, printing, digital marketing, and related digital services

Service specifications, deliverables, timelines, and pricing are detailed in individual project proposals, quotes, or service agreements.

4. Account Registration and Security

Some of our services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with third parties

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

5. Project Process and Engagement

5.1 Project Initiation

All projects begin with:

• Initial consultation to understand requirements
• Project proposal or quote outlining scope, timeline, and costs
• Written agreement or contract acceptance
• Payment of initial deposit or milestone payment

5.2 Client Responsibilities

To ensure timely project completion, clients are responsible for:

• Providing clear project requirements and specifications
• Supplying necessary content, materials, and access credentials
• Providing timely feedback and approvals
• Making agreed-upon payments on schedule
• Responding to communications within reasonable timeframes
• Ensuring compliance with applicable laws and regulations

5.3 Project Timeline

Project timelines are estimates based on the scope of work and client cooperation. Delays may occur due to:

• Late or incomplete content/materials from clients
• Delayed feedback or approval from clients
• Scope changes or additional requirements
• Technical complexities or third-party service issues
• Force majeure events

We will make reasonable efforts to meet agreed timelines and communicate any potential delays promptly.

6. Payment Terms and Pricing

6.1 Pricing

All prices are quoted in Sri Lankan Rupees (LKR) or US Dollars (USD) and are subject to the terms specified in individual project proposals. Pricing may vary based on:

• Project scope and complexity
• Timeline and urgency requirements
• Required features and functionality
• Ongoing maintenance and support needs

6.2 Payment Schedule

Standard payment terms include:

• Initial Deposit: 50% of total project cost upfront
• Milestone Payments: As agreed in project proposal
• Final Payment: 50% upon project completion and delivery
• Monthly Services: Due at the beginning of each billing cycle

6.3 Payment Methods

We accept payments via:

• Bank transfer
• Credit/Debit cards
• Online payment platforms
• Other methods as agreed upon

6.4 Late Payments

Payments not received within 7 days of the due date are considered late. Late payments may result in:

• Project work suspension until payment is received
• Late payment fees as specified in the agreement
• Withholding of project files and deliverables
• Termination of ongoing services

6.5 Refund Policy

Refunds are handled on a case-by-case basis:

• Deposit Refunds: Initial deposits are non-refundable once work has commenced
• Completed Work: No refunds for completed and delivered work
• Service Cancellation: Refunds for unused portions of monthly services (prorated)
• Quality Issues: We will work to resolve quality concerns before considering refunds

7. Intellectual Property Rights

7.1 Ownership of Deliverables

Upon full payment, you own the final deliverables specific to your project, including:

• Custom website designs and layouts
• Developed code and applications
• Graphics and visual assets created specifically for you

7.2 Company Retained Rights

We retain ownership of:

• Development frameworks, templates, and tools
• Proprietary methodologies and processes
• Pre-existing code libraries and components
• Source files and working documents

7.3 Third-Party Components

Projects may include third-party components (plugins, libraries, fonts) subject to their respective licenses. You are responsible for complying with these licenses.

7.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to:

• Display completed projects in our portfolio
• Use project screenshots and descriptions for marketing
• Reference your company as a client (with permission)

8. Warranties and Disclaimers

8.1 Service Warranties

We warrant that:

• Services will be performed with professional skill and care
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the services offered

8.2 Disclaimers

To the maximum extent permitted by law:

• Services are provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• We are not responsible for third-party service failures
• Website performance depends on hosting, content, and external factors
• We do not guarantee specific business results or outcomes

8.3 Bug Fixes and Support

We provide:

• 30-day bug fix warranty on newly delivered projects
• Support for issues directly related to our work
• Separate support agreements for ongoing maintenance

Bug fixes do not include new features, design changes, or issues caused by third-party modifications.

9. Limitation of Liability

To the fullest extent permitted by law:

• Direct Damages: Our liability is limited to the total amount paid by you for the specific service that gave rise to the claim
• Indirect Damages: We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, data loss, or business interruption
• Time Limit: Claims must be brought within 12 months of the event giving rise to the claim

10. Confidentiality

Both parties agree to:

• Keep confidential information received from the other party secure
• Use confidential information only for the purposes of the project
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

11. Termination

11.1 Termination by Client

You may terminate services by providing written notice. Upon termination:

• You are responsible for payment of all completed work
• Any deposits or advance payments are non-refundable
• You will receive work completed up to the termination date
• Outstanding invoices become immediately due

11.2 Termination by Company

We may terminate services if you:

• Fail to make required payments
• Breach these Terms
• Engage in abusive or harassing behavior
• Request illegal or unethical work

11.3 Effect of Termination

Upon termination:

• Access to ongoing services will cease
• All outstanding payments become immediately due
• We may delete or archive project files after 90 days
• Confidentiality obligations continue

12. Acceptable Use and Conduct

When using our services, you agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit harmful, offensive, or illegal content
• Attempt to breach security or authentication measures
• Interfere with the proper functioning of services
• Use services for fraudulent or deceptive purposes
• Harvest or collect user data without permission
• Impersonate any person or entity

13. Third-Party Services and Links

Our services may integrate with or link to third-party services, platforms, and websites. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Third-party terms of service or privacy policies
• Any damages resulting from use of third-party services
• Changes or discontinuation of third-party services

You agree to review and comply with the terms and policies of any third-party services you use.

14. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or public health emergencies
• War, terrorism, civil unrest, or government actions
• Internet or telecommunications failures
• Power outages or equipment failures
• Labor disputes or strikes
• Acts of God or other unforeseen events

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by the laws of Sri Lanka, without regard to conflict of law principles.

15.2 Dispute Resolution Process

In the event of a dispute, the parties agree to:

1. Good Faith Negotiation: Attempt to resolve disputes through direct negotiation
2. Mediation: If negotiation fails, submit to mediation before pursuing legal action
3. Arbitration: Unresolved disputes may be submitted to binding arbitration in Sri Lanka

15.3 Jurisdiction

Any legal action related to these Terms must be brought in the courts of Sri Lanka, and you consent to the exclusive jurisdiction of such courts.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting on our website
• For existing projects, upon notification to clients
• For new projects, upon acceptance of updated terms

Continued use of our services after changes constitutes acceptance of the modified Terms. We will notify clients of material changes via email or website notice.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any project agreements and our Privacy Policy, constitute the entire agreement between you and us.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Notices

All notices must be in writing and sent to the contact information provided in these Terms.

17.6 Survival

Provisions regarding payment, intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination of these Terms.