Terms and Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Company (referred to as either "the Company", "we", ""us" or "our") refers to Elite Jay.

• Country refers to: Sri Lanka

• Service refers to the Website and all professional services provided by Elite Jay including web development, desktop applications, DevOps, security audits, and custom integrations.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Elite Jay, accessible from https://www.elitejay.com/

• You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Professional Services Offered

Elite Jay provides the following professional technology services:

Service Agreement Terms

Project Scope and Deliverables

All projects will be clearly defined in a separate project agreement or statement of work that outlines specific deliverables, timelines, and technical requirements. Any changes to the agreed scope must be documented and approved by both parties in writing.

Payment Terms

Payment terms will be specified in individual project agreements. Generally, projects require an initial deposit before commencement and milestone-based payments throughout the development lifecycle. Final payment is due upon project completion and client acceptance of deliverables.

Development Timeline

Project timelines are estimates based on the agreed scope and complexity of the technical requirements. Delays caused by client-side factors including but not limited to delayed approvals, specification changes, or resource unavailability may result in timeline adjustments.

Technical Requirements

Clients are responsible for providing accurate technical specifications, system requirements, and any necessary third-party integrations details. Changes to technical requirements after project commencement may result in additional costs and timeline extensions.

Client Responsibilities

Information and Access Provision

Clients are responsible for providing accurate project requirements, technical specifications, and timely access to necessary systems, accounts, and resources required for project completion.

Timely Feedback and Approvals

Clients must provide feedback, approvals, and decisions within agreed timeframes. Delays in client responses may result in project timeline extensions and potential additional costs.

Content and Asset Provision

Clients are responsible for providing all required content, images, data, documentation, and digital assets in the formats and timelines specified in the project agreement.

Testing and Quality Assurance

Clients are expected to thoroughly test delivered solutions in their intended environment and report any issues within the warranty period. Acceptance of deliverables implies client approval of functionality.

Security and Backup Responsibilities

Clients are responsible for implementing appropriate security measures, maintaining regular backups, and keeping deployed systems updated with security patches and updates.

Third-Party Services and Licenses

Clients must ensure they have proper licenses for any third-party software, services, or APIs integrated into their solutions and are responsible for ongoing subscription costs and compliance.

Communication and Project Management

Clients must designate a primary point of contact for project communication and ensure availability for scheduled meetings, reviews, and project discussions.

Intellectual Property Rights

Custom Development Ownership

Upon full payment, clients will own the custom-developed applications, systems, and solutions created specifically for their project. However, Elite Jay retains ownership of proprietary development methodologies, frameworks, tools, and general technical knowledge used in the development process.

Third-Party Technologies

Projects may incorporate third-party libraries, frameworks, APIs, or software components subject to their respective licenses. Clients are responsible for compliance with such licenses in their use and distribution of the delivered solutions.

Portfolio and Marketing Usage

Elite Jay reserves the right to showcase completed projects in portfolios, case studies, and marketing materials unless explicitly restricted by signed confidentiality agreements or non-disclosure requirements.

Service Warranties and Limitations

Professional Service Warranty

Elite Jay warrants that all services will be performed with professional competence consistent with industry standards and best practices. We provide a 30-day warranty on delivered solutions for defects in functionality as originally specified in the project agreement.

Limitation of Liability

Elite Jay's total liability for any claims arising from our services is limited to the total amount paid for the specific service that gave rise to the claim. We are not liable for indirect, incidental, special, or consequential damages including but not limited to loss of profits, data, business interruption, or system downtime.

Technology Limitations

While we strive to deliver robust and reliable solutions, no software or system is completely free from bugs, security vulnerabilities, or performance issues. Clients acknowledge the inherent risks in technology solutions and agree to implement appropriate backup and security measures.

Force Majeure

Elite Jay is not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet outages, or technical failures of third-party services and infrastructure.

Confidentiality and Data Security

Confidential Information Protection

Elite Jay maintains strict confidentiality of all client proprietary information, business data, and technical specifications. We implement appropriate security measures to protect client information and will not disclose confidential details to third parties without explicit written consent.

Development Security Practices

We implement industry-standard security practices throughout our development, testing, and deployment processes. However, clients are ultimately responsible for maintaining security of their systems, implementing proper access controls, and keeping deployed solutions updated with security patches.

Data Handling

Any client data accessed during development or maintenance activities will be handled in accordance with applicable data protection laws and our Privacy Policy. We do not retain copies of client data beyond what is necessary for service delivery unless explicitly agreed upon.

Support and Maintenance

Post-Delivery Support

Technical support for clarification of delivered functionality and resolution of issues directly related to our development work is provided for 30 days following project delivery. Extended support, maintenance, and enhancement services are available under separate service agreements.

System Updates and Modifications

Any updates, modifications, feature enhancements, or system optimizations beyond the original project scope are considered separate engagements and will be quoted and billed according to current service rates.

Third-Party Dependencies

Maintenance and updates of third-party components, libraries, or services integrated into delivered solutions are the client's responsibility unless covered under a separate maintenance agreement.

Support Response Times

Standard support response times are 24-48 hours for non-critical issues during business days. Critical issues affecting system functionality will receive priority response within 4-8 business hours.

Support Scope Limitations

Support services are limited to issues directly related to Elite Jay's development work. Third-party software issues, hosting problems, or modifications made by other parties are outside the scope of standard support coverage.

Project Termination

Termination by Client

Clients may terminate projects with 48 hours written notice. Payment is due for all completed work and work in progress up to the termination date. Any completed deliverables will be provided in their current state, and project materials will be transferred as agreed.

Termination by Elite Jay

Elite Jay may terminate service agreements in cases of non-payment after 30 days written notice, material breach of terms, or if project continuation becomes impractical due to technical or communication barriers. Completed work will be delivered upon settlement of outstanding payments.

Post-Termination

Upon termination, both parties will return or destroy confidential information as appropriate. Intellectual property rights and confidentiality obligations will survive termination of the service agreement.

Prohibited Uses

You may not use our Services for:

• Any unlawful purposes or to facilitate illegal activities
• Development of malicious software, hacking tools, or security exploits
• Creating systems designed to infringe upon intellectual property rights
• Building applications that violate privacy laws or engage in unauthorized data collection
• Developing platforms for harassment, discrimination, or harmful content distribution
• Creating systems that could compromise network security or system integrity
• Any activities that could damage Elite Jay's reputation or business relationships

Elite Jay reserves the right to refuse service for projects that conflict with our professional standards, technical capabilities, or legal requirements.

Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of Sri Lanka, without regard to conflict of law provisions. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Sri Lanka.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

Terms Modification and Updates

We reserve the right to modify or replace these Terms at any time at our sole discretion. For material changes, we will provide at least 30 days notice through our website or direct communication with active clients.

Continued use of our services after Terms modifications constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically for any changes.

Severability and Enforceability

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Elite Jay's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific project agreements, constitute the entire agreement between you and Elite Jay regarding the use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Acknowledgment

By using our Service or engaging our professional services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these Terms, please do not use our services.