SKYCRESCE
Terms of Service

1. Services

Skycresce provides premium website design, development (including high-performance React and Next.js builds), and related digital services ("Services"), the specific scope of which will be set out in a written proposal, quotation, invoice, or statement of work agreed upon with the Client (the "Project Agreement"). These Terms apply in addition to, and in the event of conflict are subordinate to, the specific terms of any signed Project Agreement.

2. Quotations and Engagement

• Quotations remain valid for 30 days from the date issued unless otherwise stated, and do not constitute a binding commitment until accepted in writing (including via email or digital signature) and, where applicable, the initial deposit is received in full.
• Project scope, timelines, and deliverables will be clearly confirmed in the Project Agreement. Any work requested outside that scope will be treated as a change request under Section 5.
• Timelines are estimates and depend heavily on the Client providing requested content, feedback, and approvals in a timely manner. Delays on the Client's part may extend delivery timelines accordingly.

3. Fees and Payment

• Unless otherwise agreed in writing, projects require a non-refundable deposit of 50% of the total project fee before work begins, with the balance due upon completion and before final handover or publishing of the live website.
• Ongoing services (such as maintenance, hosting management, or retainer-based work) are billed in advance on a recurring basis as set out in the Project Agreement.
• Invoices are payable within 7 days of issue unless otherwise agreed. Late payments may result in suspension of work or website access until settled, and Skycresce reserves the right to charge reasonable interest or late fees on overdue amounts as permitted by applicable law.
• All fees are exclusive of applicable taxes, bank charges, and payment gateway fees unless stated otherwise. The Client is entirely responsible for any such charges arising from cross-border payments.
• Third-party costs (including domain registration, hosting, premium plugins, paid themes, stock assets, and paid ad spend) are billed separately or passed through at cost unless specifically included in the Project Agreement.

4. Refunds and Cancellation

• Deposits are non-refundable once work has commenced, as they secure dedicated project time and vital resource allocation.
• If the Client cancels a project after work has begun, fees are strictly payable for work completed up to the date of cancellation, calculated on a pro-rata or milestone basis.
• Skycresce may decline or discontinue a project at its discretion, for example, for non-payment, unlawful use of the Services, or lack of Client responsiveness for an extended period, in which case fees for work completed to that point remain payable.

5. Revisions and Change Requests

Each project includes a reasonable number of revision rounds as specified in the Project Agreement (typically two rounds, unless stated otherwise). Requests that materially change the agreed scope, add new pages and features, or are requested after final sign-off will be treated as a change request and quoted separately.

6. Client Responsibilities

• Provide timely access to necessary content, branding assets, credentials, and feedback required to successfully complete the project.
• Ensure that any content, images, trademarks, or materials supplied to Skycresce do not infringe upon third-party rights or applicable law. The Client is solely responsible for obtaining necessary rights and permissions.
• Review deliverables promptly and provide sign-off within a reasonable timeframe.
• Maintain the strict confidentiality of any login credentials provided.

7. Intellectual Property

• Upon full and final payment, ownership of the custom design and code developed specifically for the Client's project transfers to the Client, except for any third-party or pre-existing components described below.
• Skycresce retains ownership of, and the Client receives a licence to use (subject to the applicable third-party terms), any third-party assets incorporated into the project, including but not limited to open-source libraries and frameworks, premium themes and plugins, fonts, and stock images, which remain governed by their respective licences.
• Skycresce retains the absolute right to reuse general know-how, pre-existing tools, code snippets, and design components that are not unique or confidential to the Client's project, for other projects.
• Unless the Client opts out in writing, Skycresce may display completed work in its portfolio, case studies, and marketing materials (including on skycresce.com and social media), with reasonable discretion regarding confidential or unreleased material.
• Until full payment is received in full, all deliverables remain the exclusive property of Skycresce, and any provisional access granted to the Client does not constitute a transfer of ownership.

8. Hosting, Domains, and Third-Party Services

Unless hosting and domain management is explicitly included in the Project Agreement, the Client is fully responsible for purchasing and renewing their own domain and hosting, and for any costs, downtime, or issues arising from third-party providers. Where Skycresce assists with or manages such services on the Client's behalf, this is provided as a convenience and does not make Skycresce liable for the acts, omissions, pricing, or outages of those third-party providers.

9. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with a project, and to use it solely for the purpose of fulfilling the engagement, except where disclosure is required by law or with the disclosing party's express consent.

10. Warranties and Disclaimers

• Skycresce will perform the Services with reasonable skill and care, consistent with generally accepted industry standards.
• Skycresce does not guarantee specific business outcomes, including but not limited to search engine rankings, traffic, lead volume, or sales, as these depend on factors largely outside our control.
• The Website and Services are provided "as is" and "as available" without warranties of any kind, express or implied, except as expressly stated in these Terms or required by applicable law.
• Skycresce is not responsible for issues arising from third-party platforms, hosting providers, browser updates, or Client-side changes made after project handover, unless covered under a separate, dedicated maintenance agreement.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Skycresce's total liability arising out of or relating to the Services or these Terms shall not exceed the total fees paid by the Client for the specific project giving rise to the claim in the preceding 3 months. Skycresce shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.

12. Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to events beyond its reasonable control, including natural disasters, internet or utility outages, government action, or other similar events, provided the affected party makes reasonable efforts to mitigate the impact and quickly resume performance.

13. Website Use Terms

The content, design, and code of skycresce.com (excluding client-specific deliverables) are the exclusive property of Skycresce and may not be copied, reproduced, or used without prior written permission. You agree not to misuse the Website, including attempting unauthorised access, introducing malicious code, or scraping content without permission.

14. Termination

Either party may terminate an ongoing engagement with written notice as specified in the Project Agreement, or, where no notice period is specified, with 14 days' written notice. Termination does not relieve the Client of the obligation to pay for work completed and costs incurred up to the termination date.

15. Governing Law and Dispute Resolution

These Terms, and any dispute arising from the Website or Services, are governed by the laws of India, without regard to conflict-of-law principles, and subject to the exclusive jurisdiction of the courts located in Noida, Uttar Pradesh, India, save that Skycresce and the Client may agree in a specific Project Agreement to resolve cross-border disputes through mutually agreed mediation or arbitration before resorting to litigation, to accommodate international clients.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. The "Last Updated" date above indicates the most recent revision. Continued use of the Website or Services after changes take effect constitutes acceptance of the updated Terms. Material changes affecting active projects will be communicated directly to the Client.

17. Contact Us

For questions about these Terms, please contact:
Skycresce
Email: contact@skycresce.com
Address: Noida, Uttar Pradesh, India
Website: https://skycresce.com