Terms of Service - Shavik Solutions

Terms of Service

Last Updated: January 1, 2024

1. Agreement to Terms

By accessing or using the Shavik Solutions website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Description of Services

Shavik Solutions provides Strategic business development, management consultancy, system integration, and related technology services. Our services include but are not limited to:

  • Custom application development using Java, Adobe, and open source technologies
  • Enterprise system integration using SOA methodologies
  • Oracle Business Intelligence implementation
  • management consultancy and architectural guidance
  • Application maintenance and support services
  • Testing services and quality assurance

3. Use of Services

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

3.2 Account Registration

Some services may require you to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

3.3 Prohibited Uses

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Engage in unauthorized access or security breaches
  • Interfere with or disrupt our services
  • Collect user information without consent
  • Impersonate any person or entity
  • Engage in fraudulent activities

4. Service Agreements and Project Terms

4.1 Project Scope

Each project engagement will be governed by a separate Statement of Work (SOW) or Service Agreement that defines:

  • Project scope, deliverables, and timeline
  • Pricing, payment terms, and billing schedule
  • Roles and responsibilities of both parties
  • Acceptance criteria and quality standards
  • Change management procedures

4.2 Payment Terms

Unless otherwise specified in a Service Agreement:

  • Payment is due within 30 days of invoice date
  • Late payments may incur interest charges
  • We reserve the right to suspend services for non-payment
  • All fees are non-refundable unless otherwise stated

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality on our website, including but not limited to text, graphics, logos, and software, are owned by Shavik Solutions and protected by copyright, trademark, and other intellectual property laws.

5.2 Client Intellectual Property

You retain all rights to your pre-existing intellectual property. Any custom work product created specifically for you under a Service Agreement will be governed by the terms of that agreement.

5.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes, subject to these Terms.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of services.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Shavik Solutions SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim during the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Shavik Solutions and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your breach of any Service Agreement

10. Term and Termination

10.1 Term

These Terms remain in effect while you use our services or maintain an account with us.

10.2 Termination

We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:

  • Your right to use our services ceases immediately
  • You remain liable for all outstanding payments
  • Provisions that by their nature should survive termination shall survive

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions.

11.2 Arbitration

Any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration body, except where prohibited by law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any Service Agreements, constitute the entire agreement between you and Shavik Solutions regarding our services.

13.2 Severability

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

13.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

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