Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the web-based software services provided by [Your Company Name] ("Company", "we", or "us") through our website at https://wacs.lk/services ("Website"). By engaging our services, you agree to these Terms.

2. Definitions

  • Services: Web-based software solutions, project management, development, deployment, and related services provided by the Company.
  • Project: Any work undertaken by the Company for the Client under these Terms.
  • Client: The individual or entity engaging the Company’s services.
  • User Acceptance Testing (UAT) Period: A period of one (1) month after project completion during which the Client may request modifications.
  • Free Bug Fixes: Complimentary corrections for any bugs in the delivered software provided by the Company for a period of one (1) year starting from the project’s deployment date.

3. Engagement and Scope of Services

  • Proposal and Agreement: The scope, delivery dates, milestones, and project specifications will be agreed upon in writing before commencing the project. Any changes to the scope of work must be agreed to in writing.
  • Modifications & UAT: Upon delivery, the Client is eligible for modifications during a UAT period of one (1) month. Requests for modifications outside of this period may incur additional charges.
  • Free Bug Fixes: The Company will provide free bug fixes for one (1) year from the project’s deployment date. This does not include new feature requests or modifications beyond the originally agreed specifications.

4. Payment Terms

  • Payment Schedule: Payments will be collected in stages as the project progresses. The specific milestones and associated payments will be outlined in the project proposal.
  • No Refund Policy: Once a payment is collected, it is non-refundable. This policy applies regardless of project modifications or early termination, except where otherwise required by applicable law.

5. Client Responsibilities

  • Provision of Information: The Client agrees to provide all necessary information and resources required for the successful completion of the project in a timely manner.
  • Review and Acceptance: The Client must review deliverables during the UAT period and provide timely feedback. Failure to do so may delay project acceptance.

6. Intellectual Property

  • Ownership: Unless otherwise agreed in writing, all intellectual property rights in the work produced remain with the Company until full payment is received. Upon full payment, the Company grants the Client a non-exclusive, perpetual license to use the deliverables.
  • Third-Party Materials: The Company may incorporate third-party materials subject to separate licensing terms, which will be communicated to the Client.

7. Limitation of Liability

  • Disclaimer: The Company provides services ("as is") and makes no warranties, express or implied, regarding the results or outcomes of the services.
  • Liability Cap: In no event shall the Company be liable for any indirect, incidental, or consequential damages arising out of or in connection with the use of our services.

8. Termination

  • Termination for Convenience: Either party may terminate the project upon written notice. However, any payments collected up to the termination date are non-refundable.
  • Termination for Cause: The Company reserves the right to terminate services if the Client breaches these Terms. In such cases, any collected payments will not be refunded.

9. Dispute Resolution

9.1 Initial Good Faith Negotiations

Before initiating any formal dispute resolution process, both parties agree to engage in prompt and good faith discussions aimed at resolving any disputes amicably. The parties shall make all reasonable efforts to communicate and resolve issues within 30 days from the date a dispute is raised. If these efforts fail to resolve the matter, the dispute may then proceed to the formal resolution process described below.

9.2 Arbitration and Litigation

If the dispute remains unresolved after the initial negotiation period, it shall be resolved through binding arbitration in accordance with the rules of the chosen arbitration forum. If arbitration is not available or mutually agreed upon, the dispute may be resolved through litigation in the appropriate court of law.

10. Amendments

The Company reserves the right to amend these Terms at any time. Clients will be notified of significant changes, and continued use of our services after such notice constitutes acceptance of the revised Terms.

11. Contact Information

For any questions regarding these Terms, please contact us at contact@wacs.lk.

Refund Policy

1. No Refund of Collected Payments

  • Payment Collection: As our services are delivered in stages, payments are collected incrementally as the project progresses.
  • Non-Refundable Policy: Once a payment is made and received by the Company, it is deemed non-refundable. This policy is applicable to all collected payments regardless of the project’s progress or outcome.

2. Exceptions

  • Legal Requirements: Any refund obligations mandated by law will be complied with, but, to the fullest extent permitted by law, no refunds will be issued.
  • Dispute Resolution: In the event of a dispute, the matter will be resolved in accordance with our Dispute Resolution clause in the Terms and Conditions.

3. Acknowledgement

By engaging our services, the Client acknowledges and agrees to the terms of this Refund Policy.

*Disclaimer: The above Terms and Conditions and Refund Policy are provided as a general template and informational resource. They should be customized to reflect your specific business practices and reviewed by legal counsel to ensure compliance with applicable laws and regulations.