Effective • January 01, 2025

Terms of Service

These terms govern your engagement with Dsky Solution. By accessing our website, requesting services, or entering into a project with us, you agree to be bound by these terms and conditions.

Agreement Scope

These Terms of Service ("Terms") apply to all prospective clients, current clients, and partners engaging with Dsky Solution ("Company," "We," "Us," or "Our") for design, development, strategy, and related digital services. These Terms supplement any signed Statement of Work (SOW), Master Service Agreement (MSA), or project-specific contract, which will take precedence in case of conflict.

Entity Dsky Solution
Jurisdiction West Bengal, India
Contact legal@dsky.com

Service Engagement

  • Projects begin upon signed agreement and first payment receipt
  • Scope is defined in the Statement of Work or project brief
  • Changes to scope require documented amendment and schedule/fee adjustment
  • We deliver work in agreed phases; timing depends on client feedback and approval cycles

Payment Terms

  • Fees are quoted in USD, INR, or agreed currency on the invoice
  • Deposits are non-refundable; balance due upon completion or agreed milestone
  • Late payments accrue interest at 1.5% monthly or the maximum legal rate, whichever is lower
  • We reserve the right to pause work on overdue accounts after 14 days notice

Intellectual Property

  • Custom work created for you under contract transfers to you upon final payment
  • Pre-existing tools, frameworks, and methodologies remain our property
  • Third-party components retain their original licenses (GPL, MIT, Apache, etc.)
  • You grant us the right to reference your project publicly, unless confidentiality is agreed

Warranties & Disclaimers

  • We warrant that deliverables will be created with professional skill and care
  • We disclaim warranties that work is error-free or will meet all user expectations
  • Technical performance depends on hosting, infrastructure, and third-party services outside our control
  • We do not warrant uninterrupted availability of any tools or services we provide

Client Responsibilities

  • Provide timely feedback, approvals, and access to required systems and assets
  • Ensure content, materials, and data you provide do not infringe third-party rights
  • Maintain hosting, domain, and infrastructure according to best practices
  • Communicate scope changes and priorities clearly to avoid delays

Limitation of Liability

  • Our liability is limited to fees paid in the 12 months preceding the claim
  • We are not liable for indirect, incidental, or consequential damages (lost revenue, data, business)
  • We are not responsible for damages caused by misuse, unauthorized access, or third-party services
  • Some jurisdictions do not allow liability caps; this applies to the fullest extent permitted
01

Confidentiality

Both parties agree to protect confidential information shared during the engagement. Exceptions apply to legally mandated disclosures and aggregated, anonymized data used to improve our services.

02

Termination Rights

Either party may terminate with 30 days written notice. Upon termination, you pay for work completed through the termination date; we refund prepayments for uncompleted work.

03

Dispute Resolution

Before litigation, we agree to good-faith negotiation. If unresolved after 30 days, disputes proceed in the courts of West Bengal, India, or as agreed in your signed contract.

04

Changes to Terms

We may update these terms with 30 days notice via email or website. Continued engagement constitutes acceptance of updated terms.

05

Support & Maintenance

Post-launch support is available as an optional add-on. Standard warranty covers critical bugs reported within 30 days of launch; minor enhancements are billed separately.

06

Insurance & Indemnity

You agree to indemnify us from third-party claims arising from your content, data, or misuse of deliverables. We indemnify you for IP infringement claims regarding our original work.

07

Force Majeure

Neither party is liable for delays caused by events beyond reasonable control (natural disasters, government action, pandemics). We will notify you promptly and work to resume services.

08

Compliance & Regulations

You are responsible for ensuring delivered work complies with applicable laws (GDPR, HIPAA, accessibility standards, etc.). We advise but do not guarantee regulatory compliance.

Questions About These Terms?

Contact our legal team or your project manager. We're happy to clarify and discuss any provisions that affect your engagement.