These Terms & Conditions ("Terms") govern the provision of software development, consulting, and advisory services ("Services") by SkyL4rk (Pty) Ltd and its affiliates ("SkyL4rk", "we", "us", or "our") to any client, customer, or entity engaging our Services ("Client", "you", or "your"). By engaging our Services, you agree to these Terms.

1. Scope of Services

SkyL4rk provides software development, advisory, and consulting Services as agreed in written proposals, statements of work, or purchase orders. Any additional work outside the agreed scope must be documented in writing and may incur additional fees.

2. Intellectual Property

Unless otherwise agreed in writing:

  1. SkyL4rk retains ownership of all proprietary tools, libraries, and frameworks used in delivering Services.
  2. Upon full payment, Client is granted a non-exclusive, worldwide, royalty-free license to use the deliverables created specifically for Client.
  3. All advice, analysis, and strategies provided remain the intellectual property of SkyL4rk and are licensed for Client's internal use only.

3. Payment Terms

  1. Fees are payable as agreed, either upon milestone completion, monthly retainer, or within 14 days of invoice, unless otherwise specified.
  2. Late payments may incur interest at 2% per month or the maximum allowed by law.
  3. SkyL4rk reserves the right to suspend Services for overdue accounts.

4. Warranties & Disclaimers

  1. SkyL4rk warrants that Services will be performed with reasonable skill and care in accordance with industry standards.
  2. SkyL4rk does not warrant that deliverables will be error-free, fit for a particular purpose, or immune from third-party security threats.
  3. All advice is provided "as is," without warranty of outcome or performance.

5. Limitation of Liability

  1. To the maximum extent permitted by law, SkyL4rk shall not be liable for any indirect, incidental, punitive, or consequential damages arising from the Services.
  2. SkyL4rk's total liability for any claim shall not exceed the total fees paid by Client for the specific Services giving rise to the claim.

6. Confidentiality

Both parties agree to keep all confidential information disclosed during the engagement strictly confidential, and to use it solely for the purposes of the engagement.

7. Compliance & Use

Client is solely responsible for ensuring their own compliance with applicable laws, regulations, and industry standards in their use of deliverables and implementation of advice.

8. Termination

Either party may terminate the engagement with 30 days' written notice. Fees for Services rendered up to the date of termination shall remain payable.

9. Force Majeure

SkyL4rk shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, cyberattacks, strikes, or governmental actions.

10. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of KwaZulu-Natal.

11. General

  1. No waiver of rights shall be effective unless in writing.
  2. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
  3. These Terms may be updated from time to time, and the latest version will always be published on our website.

Questions?

If you have any questions about these Terms, please contact us at:
hello@skyl4rk.dev
hello@skyl4rk.co.uk