Terms of Service

1. Acceptance of terms

By accessing our website, submitting an enquiry, or entering into an engagement with us, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Where you act on behalf of an organisation, you represent that you are authorised to bind that organisation. Electronic acceptance of these Terms is valid and enforceable under the Electronic Transactions Act, No. 19 of 2006 of Sri Lanka.

2. Definitions

• "Services" means the software engineering, quality assurance, AI, cloud, marketing, and related services we provide.
• "Deliverables" means the work product we create for a client under an engagement.
• "Engagement" means a signed proposal, statement of work, or order that incorporates these Terms.
• "Client Materials" means content, data, and assets a client provides to us.

3. Our services and engagements

The specific scope, timeline, fees, and responsibilities for any paid work are defined in a separate Engagement. Where an Engagement conflicts with these Terms, the Engagement controls for that work. Our website and general information are provided for reference and do not constitute an offer or a binding commitment to provide services.

4. Communications and accounts

You are responsible for the accuracy of information you provide and for maintaining the confidentiality of any credentials we issue to you. Notify us promptly of any unauthorised use. We may send service-related communications relating to your enquiry or engagement.

5. Acceptable use

When using our website and services, you agree not to:

• Use them for any unlawful, fraudulent, or harmful purpose, including any offence under the Computer Crimes Act, No. 24 of 2007 of Sri Lanka.
• Infringe the intellectual property or privacy rights of others.
• Introduce malware or attempt to gain unauthorised access to our systems or data.
• Disrupt, overload, or interfere with the operation of our website or infrastructure.
• Scrape, copy, or republish our content except as expressly permitted.

6. Intellectual property

All content on our website — including text, design, graphics, logos, and the En'nobler and Oolo brand marks — is owned by us or our licensors and protected under the Intellectual Property Act, No. 36 of 2003 of Sri Lanka and applicable international law. Except as expressly permitted, you may not reproduce, distribute, or create derivative works from it without our written consent.

7. Ownership of deliverables

Ownership of Deliverables is governed by the applicable Engagement. As a general principle, and subject to full payment, we assign to the client the agreed rights in custom Deliverables created specifically for that client. We retain ownership of our pre-existing materials, tools, frameworks, and know-how, and grant the client a licence to use them solely as embedded in the Deliverables. Client Materials remain the property of the client.

8. Fees and payment

Fees, payment schedules, and currencies are set out in each Engagement. Fees are exclusive of applicable taxes, including any Value Added Tax (VAT) or other levies chargeable under Sri Lankan law, which the client is responsible for paying. Overdue amounts may accrue interest as permitted by law. We reserve the right to suspend delivery of Services where invoices remain outstanding beyond the period specified in the Engagement.

9. Warranties and disclaimers

We provide our services with reasonable skill and care. Except as expressly stated in an Engagement, our website and content are provided "as is" and "as available" without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that our website will be uninterrupted or error-free. Nothing in these Terms limits any rights you may have as a consumer under the Consumer Affairs Authority Act, No. 9 of 2003 of Sri Lanka that cannot be excluded by agreement.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to any Engagement will not exceed the total fees paid by the client under that Engagement in the twelve months preceding the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Sri Lankan law.

11. Indemnification

You agree to indemnify and hold us harmless from claims, losses, and expenses arising out of your breach of these Terms, your misuse of the website or services, or your infringement of any third-party right, except to the extent caused by our own negligence or wilful misconduct.

12. Third-party links and services

Our website may link to third-party sites or rely on third-party services. We are not responsible for their content, policies, or practices. Your use of third-party services is governed by their own terms.

13. Termination

We may suspend or terminate access to our website at any time for conduct that violates these Terms or is harmful to us or others. Termination of a paid Engagement is governed by that Engagement. Provisions that by their nature should survive termination — including intellectual property, confidentiality, liability, and governing law — will survive.

14. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, without regard to conflict-of-law rules. Subject to any alternative dispute-resolution process specified in an Engagement (such as arbitration under the Arbitration Act, No. 11 of 1995 of Sri Lanka), the competent courts of Sri Lanka will have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

15. Changes to these terms

We may update these Terms from time to time. The effective date at the top reflects the current version, and continued use of our website after changes take effect constitutes acceptance of the revised Terms.

16. Contact us

Questions about these Terms can be sent to hello@en-nobler.com or by post to En'nobler (Private) Limited, No. 35, Nisansala, Doowawaththa, Telijjawila, Sri Lanka.