Terms and Conditions

By accessing our Site or engaging our services, you confirm that:

• You are at least 18 years of age, or are accessing the Site under the supervision of a parent or legal guardian.
• You have the legal authority to enter into these Terms on behalf of yourself or the organisation you represent.
• Your use of the Site and our services complies with all applicable laws and regulations.

Spikey Tech Inc. provides a range of bespoke software development and technology consulting services, including but not limited to:

The specific scope, deliverables, timelines, and pricing for any engagement will be defined in a separate written agreement (such as a Statement of Work or Service Agreement) between Spikey Tech Inc. and the Client.

3.1 Our Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, images, icons, and software — is the intellectual property of Spikey Tech Inc. or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express prior written consent.

3.2 Client Intellectual Property

You retain ownership of all pre-existing intellectual property, proprietary data, content, and materials you provide to us ("Client Materials"). You grant Spikey Tech Inc. a limited, non-exclusive licence to use Client Materials solely to the extent necessary to perform the agreed services.

3.3 Work Product Ownership

Unless otherwise specified in a written agreement, upon receipt of full payment for a project, ownership of the custom deliverables created specifically for you under that engagement will transfer to you. Spikey Tech Inc. retains ownership of all general-purpose tools, frameworks, libraries, methodologies, and pre-existing code ("Background IP") developed prior to or independently of your project. We grant you a perpetual, royalty-free licence to use such Background IP as embedded in your deliverables.

To enable us to deliver services effectively, you agree to:

• Provide accurate, complete, and timely information, access, and materials required for the project.
• Designate an authorised representative with decision-making authority to liaise with our team.
• Provide timely feedback and approvals as required at agreed project milestones.
• Ensure that any materials, content, or data you provide do not infringe the intellectual property rights, privacy rights, or other rights of any third party.
• Use deliverables and the Site only for lawful purposes and in compliance with all applicable laws and regulations.

Specific fees, payment schedules, and invoicing terms will be outlined in your project agreement or Statement of Work. General terms include:

• Invoices are due within the period specified in the project agreement (typically 14–30 days from invoice date).
• Late payments may incur interest charges as specified in the project agreement or applicable law.
• We reserve the right to suspend services in the event of overdue payments after providing reasonable notice.
• All fees are exclusive of applicable taxes unless stated otherwise. You are responsible for any applicable taxes in your jurisdiction.

Both parties acknowledge that during the course of an engagement, they may have access to confidential information belonging to the other party. Each party agrees to:

• Keep all confidential information strictly confidential and not disclose it to any third party without prior written consent.
• Use confidential information solely for the purpose of performing obligations under the project agreement.
• Apply reasonable protective measures to prevent unauthorised access or disclosure.

These obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

The Site and all information on it are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, Spikey Tech Inc. disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• That the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
• The accuracy, completeness, or timeliness of any information on the Site.

To the fullest extent permitted by applicable law, Spikey Tech Inc. and its directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities.
• Damages arising from your use or inability to use the Site or our services.
• Any unauthorised access to or alteration of your transmissions or data.

In any case, our total aggregate liability to you for any claim arising from these Terms or our services shall not exceed the total fees paid by you to Spikey Tech Inc. in the three (3) months preceding the event giving rise to the claim.

Our Site may contain links to third-party websites or services that are not owned or controlled by Spikey Tech Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party sites you visit. The inclusion of any link does not imply our endorsement of the linked site.

Either party may terminate an engagement by providing written notice as specified in the applicable project agreement. In the event of termination:

• You will remain liable for payment of all fees for work completed up to the termination date.
• We will deliver all completed work product (proportionate to fees received) within a reasonable timeframe.
• Sections of these Terms that by their nature should survive termination (including IP, confidentiality, limitation of liability) will continue to apply.

We may also immediately terminate or suspend access to the Site if you breach these Terms, with or without notice.

We reserve the right to update or modify these Terms at any time. We will indicate the "Last updated" date above whenever changes are made. For material changes, we will make reasonable efforts to provide notice (such as updating the date visibly at the top of this page). Your continued use of the Site following the posting of changes constitutes acceptance of those changes. We encourage you to review these Terms periodically.

These Terms shall be governed by and construed in accordance with applicable laws. Specific governing law and jurisdiction will be defined in the applicable project or service agreement between Spikey Tech Inc. and the Client.

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties may pursue mediation or other dispute resolution mechanisms as agreed upon.

If you have any questions about these Terms and Conditions, please contact us: