Skip to content
SKYON IT Solutions

Commercial & Legal Agreement

Terms of Service

Last Updated: October 2024•Entity: SKYON IT SOLUTIONS

Please read these Terms of Service (“Terms”) carefully before browsing our website or engaging our services. These Terms constitute a legally binding agreement between you (“Client”, “User”, or “you”) and SKYON IT SOLUTIONS (“SKYON”, “we”, “us”, or “our”) governing your access to our website, communication channels, and any subsequent technology service engagements.

1. Acceptance of Terms & Pre-Contractual Status

By accessing skyonitsolutions.com, submitting an inquiry, utilizing our project cost estimator, or interacting with our automated assistant, you confirm your acceptance of and agreement to be bound by these Terms.

Important Notice: Content, portfolio showcases, technical articles, and automated estimates provided on this website are for general informational purposes only and do not constitute a binding commercial offer. A binding contract for professional IT services is formed strictly upon the bilateral execution of a written Statement of Work (“SOW”) or Master Services Agreement (“MSA”) signed by an authorized representative of SKYON and the receipt of the initial advance deposit.

2. Scope of Services & Change Order Process

SKYON delivers custom web development, bespoke software engineering, cloud infrastructure architecture, artificial intelligence & workflow automation, UI/UX design, search engine optimization (SEO), digital marketing, and IT consulting services.

The precise scope, deliverables, timeline, milestones, and technical parameters for any client engagement shall be strictly defined in the applicable SOW. Any features, alterations, third-party integrations, design revisions, or expansions requested outside the approved SOW constitute “Scope Changes” and require a formal, written Change Order detailing additional billable fees and schedule adjustments prior to commencement.

3. Client Cooperation & Deemed Acceptance Window

Timely project delivery requires active client cooperation. Clients agree to provide required content, branding assets, API keys, staging access, and feedback within the timelines established in the SOW.

  • Schedule Adjustments for Client Delays: Any delivery schedule or milestone is contingent on timely client inputs. Delays caused by the client (such as delayed content delivery, missing third-party access, or prolonged feedback cycles) shall automatically extend SKYON’s delivery deadlines by an equivalent duration and shall not give rise to any claim for delay damages, penalties, or fee reductions.
  • Seven-Day Deemed Acceptance: Upon delivery of any milestone, prototype, or completed project for client acceptance review, the client shall have seven (7) business days to inspect and test the deliverable. If the client does not provide a specific, itemized written notice of non-conformance within seven (7) business days, or if the client deploys the deliverable to a production environment, the deliverable shall be conclusively deemed fully accepted, approved, and billable in full.

4. Intellectual Property Rights & Background Code Retention

Intellectual property rights are structured to provide full protection to SKYON while ensuring client utility:

Payment Condition Precedent to Assignment

All right, title, and copyright in bespoke deliverables created specifically for the client shall transfer to the client only upon 100% full, final, and cleared payment of all invoices and fees related to the project. Until full payment is received by SKYON, all intellectual property remains the exclusive proprietary property of SKYON.

Retention of SKYON Background Technology

SKYON expressly retains all right, title, and interest in and to all pre-existing software, developer frameworks, code libraries, boilerplate repositories, workflows, algorithms, reusable components, and AI prompt engineering architectures (“Background Technology”) utilized during project construction. Clients are granted a non-exclusive, perpetual, royalty-free license to use such Background Technology solely as integrated into the final deliverable.

Portfolio & Promotional Showcase License

Unless explicitly restricted by a separate, bilateral non-disclosure agreement, SKYON reserves the irrevocable, perpetual, royalty-free right to display the completed project, client logo, screenshots, and an overview of services rendered in SKYON’s portfolio, case studies, and marketing presentations.

5. Fees, Invoicing & Work Suspension Remedies

Services are billed according to the fee structure, hourly rates, or milestone payments agreed in the SOW.

  • Payment Due Date: Invoices are payable upon receipt or within seven (7) calendar days of invoice date, without deduction, set-off, or withholding.
  • Non-Refundable Deposits: Upfront advance payments and completed milestone disbursements represent committed developer allocation and are strictly non-refundable.
  • Right to Suspend & Freeze Work: If any payment is overdue by more than seven (7) days, SKYON reserves the absolute right, without liability, to immediately suspend ongoing development, pause staging environments, postpone deployment schedules, and revoke access credentials until all outstanding balances are settled in full.
  • Late Payment Interest: Overdue balances accrue finance interest at the rate of 1.5% per month (18% per annum) or the maximum legal rate permissible under Indian law, calculated from the due date until paid in full, alongside all reasonable legal and debt-collection recovery costs incurred by SKYON.

6. Disclaimers of Warranties & Business Outcomes

This website, its materials, and all interim deliverables are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, statutory, or implied.

No Guarantee of Commercial Results: While SKYON employs industry-standard software engineering and digital marketing best practices, we make no guarantees, warranties, or representations regarding specific commercial outcomes, sales conversions, revenue gains, or search engine ranking positions (SEO), as these depend on market dynamics, search algorithm updates, and third-party platform policies beyond our control.

Third-Party Platforms & APIs: SKYON shall bear zero liability for service interruptions, API rate limits, deprecations, policy alterations, account suspensions, or pricing changes imposed by third-party providers (including, without limitation, WhatsApp, Meta, Google, Cloudflare, Amazon Web Services, payment processors, or web hosting vendors).

7. Strict Limitation of Liability

To the maximum extent permissible under applicable law:

Total Aggregate Liability Cap

In no event shall the total aggregate liability of SKYON IT SOLUTIONS, its founders, directors, employees, or subcontractors arising out of or relating to your use of this website, breach of contract, negligence, or any professional service engagement exceed the lesser of:

  • The total service fees actually received by SKYON from the client for the specific project deliverable giving rise to the claim during the three (3) months preceding the incident; or
  • Fifty Thousand Indian Rupees (₹50,000 INR) / Five Hundred US Dollars ($500 USD).

Under no circumstances shall SKYON be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, business revenue, goodwill, business interruption, or loss of proprietary data, even if advised of the possibility of such damages.

8. Client Indemnification of SKYON

The client agrees to defend, indemnify, and hold harmless SKYON IT SOLUTIONS, its officers, employees, and agents from and against all third-party claims, liabilities, damages, losses, or legal expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Any client-supplied content, branding, data, text, or images that infringe upon any patent, trademark, copyright, or trade secret of any third party;
  • Client’s violation of applicable laws, including privacy and consumer protection statutes;
  • Client’s deployment or commercial operation of the software deliverables.

9. Non-Solicitation of SKYON Personnel

The client acknowledges that SKYON invests substantial resources in assembling and training its technical talent. The client agrees that during the term of any engagement and for a period of twelve (12) months following project completion or termination, the client shall not directly or indirectly solicit, recruit, employ, or engage as an independent contractor any employee, developer, or specialist of SKYON without the prior written consent of SKYON.

10. Termination & Consequences

Either party may terminate an SOW for material breach upon fourteen (14) days written notice if the breaching party fails to cure the breach within that window.

SKYON reserves the right to terminate any active engagement immediately if the client fails to pay invoices when due, becomes insolvent, or engages in unlawful or abusive conduct toward SKYON personnel. Upon termination, the client shall immediately pay SKYON for all billable work completed, developer time accrued, and non-cancellable expenses incurred up to the date of termination.

11. Governing Law & Exclusive Jurisdiction

These Terms and any non-contractual obligations or disputes arising out of them shall be governed by, construed, and enforced in accordance with the laws of India, including the Indian Contract Act, 1872 and the Information Technology Act, 2000, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or in connection with these Terms, website access, or our professional services shall be subject to the exclusive jurisdiction of the competent commercial courts located in Jaipur, Rajasthan, India. Both parties hereby irrevocably submit to the personal and subject-matter jurisdiction of such courts and waive any objection regarding inconvenient forum.

12. Official Inquiries & Notices

For questions regarding these Terms or formal legal notices, please reach out to our legal and management team:

Management & Legal Operations

SKYON IT SOLUTIONS

Email: info@skyonitsolutions.com

Phone / WhatsApp: +91 70148 65202

Official Website: skyonitsolutions.com