Terms & Conditions
These Terms and Conditions ("Terms") govern your use of the website located at this domain (the "Website") and, together with any written proposal, quotation or agreement we issue, the services provided by Oordy Lanka (Pvt) Ltd ("Oordy Lanka", "we", "us" or "our"), a company incorporated in the Democratic Socialist Republic of Sri Lanka with its registered office at 501 1/1, Thimbirigasyaya Road, Colombo 00500.
By accessing the Website or engaging our services you agree to be bound by these Terms. If you do not agree, please do not use the Website or our services.
1. Definitions
- "Client" or "you" means any person or entity that uses the Website or engages our Services.
- "Services" means website development, mobile application development, AI solutions, UI/UX design, cloud and DevOps, maintenance and support, and any related services we agree to provide.
- "Deliverables" means the websites, applications, designs, code, documentation and other materials we create for a Client under a Project Agreement.
- "Project Agreement" means the proposal, quotation, statement of work or contract that describes the specific Services, deliverables, timelines and fees for a project.
- "Leemo" means the Leemo application and platform, of which Oordy Lanka is the official franchisee in Sri Lanka.
2. Use of the Website
2.1 The Website is provided for general information about Oordy Lanka and its Services. You may browse the Website and submit enquiries through the contact form for lawful purposes only.
2.2 You must not: (a) use the Website in any way that breaches any applicable law, including the Computer Crime Act, No. 24 of 2007; (b) attempt to gain unauthorised access to the Website, its server or any connected system; (c) introduce viruses, malware or other harmful code; (d) use automated tools to scrape or copy content or to submit bulk enquiries; or (e) misrepresent your identity or affiliation when contacting us.
2.3 We may suspend or restrict access to the Website at any time without notice for maintenance, security or any other reason.
3. Enquiries and quotations
3.1 Submitting an enquiry through the Website does not create a contract. Any information on the Website about services, timelines or pricing is indicative only and does not constitute an offer.
3.2 A contract for Services is formed only when both parties accept a Project Agreement in writing (including by email) or when you pay a deposit or advance invoice issued by us, whichever occurs first.
3.3 Quotations are valid for 30 days from the date of issue unless stated otherwise.
4. Provision of Services
4.1 We will provide the Services with reasonable skill and care, in accordance with the Project Agreement and good industry practice.
4.2 Timelines in a Project Agreement are estimates made in good faith. They depend on the Client providing content, feedback, approvals and access in a timely manner. Delays caused by the Client, third parties or events beyond our reasonable control will extend the timeline accordingly.
4.3 Any work outside the scope described in the Project Agreement is a change request and may be subject to additional fees and revised timelines, which we will agree with you in writing before proceeding.
4.4 We may engage subcontractors or third-party service providers (for example, cloud hosting, app stores, AI model providers) to perform part of the Services. We remain responsible for their performance under the Project Agreement.
5. Client responsibilities
The Client agrees to: (a) provide accurate and complete information, content and materials needed for the project; (b) respond to requests for feedback and approvals within the agreed timeframes; (c) ensure it has the rights to all content, trademarks, images, data and materials it provides to us; (d) comply with the terms of any third-party platforms used in the project (such as Apple App Store, Google Play, cloud providers and AI service providers); and (e) not use the Deliverables for any unlawful purpose.
6. Fees and payment
6.1 Fees are set out in the Project Agreement. Unless otherwise stated, fees are quoted in Sri Lankan Rupees (LKR) and are exclusive of Value Added Tax and any other applicable taxes, which will be added where required by law.
6.2 Unless the Project Agreement states otherwise, an advance payment is required before work begins, with the balance payable according to the milestones in the Project Agreement. Invoices are payable within 14 days of the invoice date.
6.3 We may suspend work and withhold Deliverables while any invoice is overdue. Overdue amounts may accrue interest at 2% per month or the maximum rate permitted by law, whichever is lower.
6.4 Third-party costs such as domain names, hosting, software licences, app store fees, SMS or API usage and AI model usage are payable by the Client in addition to our fees, either directly to the provider or through us at cost plus any agreed handling charge.
7. Intellectual property
7.1 Client materials. The Client retains all rights in the content, trademarks, data and materials it provides to us, and grants us a licence to use them solely to perform the Services.
7.2 Deliverables. Upon receipt of full payment of all fees due under a Project Agreement, we assign to the Client the intellectual property rights in the custom Deliverables created specifically for the Client, except as set out in 7.3 and 7.4.
7.3 Oordy Lanka materials. We retain ownership of our pre-existing tools, code libraries, frameworks, templates, know-how and any generic components that we use across projects ("Oordy Materials"). We grant the Client a perpetual, non-exclusive, royalty-free licence to use any Oordy Materials incorporated in the Deliverables as part of those Deliverables.
7.4 Third-party and open-source components. Deliverables may include third-party or open-source software that is governed by its own licence terms, which the Client agrees to comply with.
7.5 Portfolio. Unless the Client objects in writing, we may refer to the Client and display non-confidential aspects of the Deliverables in our portfolio and marketing materials.
7.6 The Website and its content, including text, graphics, logos, design and code, are owned by or licensed to Oordy Lanka and are protected by the Intellectual Property Act, No. 36 of 2003 of Sri Lanka and international treaties. You may not reproduce or use them without our prior written consent.
8. AI solutions
8.1 Where Services involve artificial intelligence, machine learning or large language models, the Client acknowledges that AI outputs are probabilistic and may occasionally be inaccurate, incomplete or inappropriate. The Client is responsible for reviewing AI outputs before relying on them, particularly in legal, financial, medical or safety-critical contexts.
8.2 AI solutions may depend on third-party model providers whose availability, pricing and terms may change. We will use reasonable efforts to inform the Client of material changes but are not responsible for such changes.
8.3 The Client must ensure that any data it provides for training, fine-tuning or processing by AI systems is lawfully obtained and, where it includes personal data, is processed in compliance with the Personal Data Protection Act, No. 9 of 2022.
9. Leemo app
Oordy Lanka operates the Leemo app in Sri Lanka as its official franchisee. Use of the Leemo app is governed by Leemo's own terms of service and privacy policy, which are presented within the app. These Terms apply to enquiries and partnerships made with Oordy Lanka in relation to Leemo, but do not replace Leemo's own terms. "Leemo" is a trademark of its respective owner and is used under licence.
10. Confidentiality
Each party will keep confidential any non-public business, technical or financial information received from the other in connection with the Services, and will use it only for the purposes of the Services. This obligation does not apply to information that is publicly available, already known to the recipient, independently developed, or required to be disclosed by law. It survives termination for a period of 3 years.
11. Data protection
Each party will comply with the Personal Data Protection Act, No. 9 of 2022 in relation to any personal data processed in connection with the Services. Where we process personal data on the Client's behalf, we act as a processor, will process it only on the Client's documented instructions, and will implement appropriate security measures. Our handling of personal data collected through the Website is described in our Privacy Policy.
12. Warranties and support
12.1 We warrant that the Deliverables will materially conform to the specifications in the Project Agreement for a period of 30 days after delivery ("Warranty Period"). During the Warranty Period we will correct, at no charge, any reproducible defect notified to us in writing.
12.2 The warranty does not cover defects caused by: changes made by the Client or third parties; use contrary to our instructions; changes to third-party platforms, browsers, operating systems, APIs or app-store policies; or issues with Client-supplied content or infrastructure.
12.3 Ongoing maintenance, updates and support after the Warranty Period are provided under a separate support plan if agreed.
12.4 Except as expressly stated in these Terms, the Services and Deliverables are provided without any other warranty, express or implied, to the fullest extent permitted by law.
13. Limitation of liability
13.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under Sri Lankan law.
13.2 Subject to 13.1, we will not be liable for any indirect or consequential loss, loss of profit, revenue, business, goodwill or data, or for losses arising from the Client's use of AI outputs, third-party platforms or services.
13.3 Subject to 13.1, our total aggregate liability arising out of or in connection with a Project Agreement, whether in contract, delict, negligence or otherwise, is limited to the total fees paid by the Client to us under that Project Agreement in the 12 months preceding the event giving rise to the claim.
13.4 The Website is provided "as is". We do not warrant that it will be uninterrupted, error-free or free of viruses, and we accept no liability for any loss arising from use of, or reliance on, information on the Website.
14. Termination
14.1 Either party may terminate a Project Agreement by written notice if the other party commits a material breach and fails to remedy it within 14 days of being notified, or becomes insolvent.
14.2 The Client may terminate a Project Agreement for convenience on 14 days' written notice. In that case the Client will pay for all work performed up to the termination date, any non-cancellable third-party costs incurred, and any cancellation fee specified in the Project Agreement.
14.3 On termination, each party will return or destroy the other's confidential information, and clauses that by their nature should survive (including payment, intellectual property, confidentiality, liability and governing law) will continue in force.
15. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, power or telecommunications failures, government action, civil unrest, or failure of third-party platforms, provided it notifies the other party promptly and uses reasonable efforts to resume performance.
16. Electronic communications
In accordance with the Electronic Transactions Act, No. 19 of 2006, the parties agree that communications, proposals, acceptances and agreements exchanged electronically (including by email and messaging applications) are valid and binding and satisfy any legal requirement for writing or signature.
17. Dispute resolution and governing law
17.1 These Terms and any Project Agreement are governed by the laws of the Democratic Socialist Republic of Sri Lanka.
17.2 The parties will first attempt in good faith to resolve any dispute through discussion between senior representatives within 30 days of written notice of the dispute.
17.3 If the dispute is not resolved, the parties may agree to refer it to mediation. Failing settlement, the dispute shall be finally resolved by arbitration under the Arbitration Act, No. 11 of 1995 of Sri Lanka, by a sole arbitrator, with the seat of arbitration in Colombo and proceedings conducted in English. Nothing prevents either party from seeking urgent injunctive relief from the courts of Colombo, Sri Lanka, which shall otherwise have exclusive jurisdiction.
18. General
18.1 Entire agreement. These Terms together with the applicable Project Agreement constitute the entire agreement between the parties in relation to the Services. In case of conflict, the Project Agreement prevails.
18.2 Assignment. Neither party may assign its rights without the other's written consent, except that we may assign to a successor of our business.
18.3 Severability. If any provision is held invalid, the remaining provisions remain in effect.
18.4 Waiver. A failure to enforce any provision is not a waiver of that provision.
18.5 Changes. We may update these Terms from time to time by posting the revised version on the Website. Changes do not affect Project Agreements already in force unless agreed in writing.
19. Contact
Oordy Lanka (Pvt) Ltd
501 1/1, Thimbirigasyaya Road, Colombo 00500, Sri Lanka
Email: hello@oordy.lk · Phone: 011 250 6332 · WhatsApp: +94 77 792 1762
These Terms are provided as a general template suited to a Sri Lankan IT services business and do not constitute legal advice. Oordy Lanka recommends having them reviewed by a Sri Lankan attorney-at-law before relying on them.