Terms and Conditions - Nithu's Digital Solutions

Terms and Conditions

Last Updated: July 8, 2025

Welcome to Nithu's Digital Solutions! These Terms and Conditions (the "Terms") govern your use of our website and all services provided by Nithu's Digital Solutions we. By accessing or using our services, you agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy. If you do not agree with any part of these Terms, you must not use our services.

1. Services Offered

Nithu's Digital Solutions offers a comprehensive range of digital services, including but not limited to:

  • Web & App Development: Full Stack Web Development, eCommerce Stores (Shopify, WooCommerce, Magento, BigCommerce, Wix, Squarespace, PrestaShop, OpenCart), Custom eCommerce Websites (React, Laravel, Node.js), Mobile Apps (React Native/Flutter), Landing Pages & Portfolios.
  • AI & Automation Services: AI Chatbot Setup (Web, WhatsApp, Facebook, Messenger), Custom AI Agents, Task Automation (Zapier, Python scripts), Data Extraction, Smart Workflows, AI Powered Content Generation (Auto Blog & Article Writers, AI SEO Content, Email Campaign Generator, Social Media Content Automation), Order Processing Automation, Google Sheets + API Automations, Custom Script & Bot Development.
  • Website & Server Security Solutions: Malware Removal, Firewall & Brute-Force Protection, WordPress Security Hardening, Real-Time Monitoring & Alerts, Cloudflare Setup & DNS Firewall, SSL & HTTPS Configuration, WHM / cPanel Security & Server Hardening.
  • Marketing & Digital Growth: SEO Optimization & Audits (On-Page, Technical, Site Structure, Speed, Structured Data, Backlink Building, Local SEO, AI SEO), Lead Generation & Funnels, Social Media Strategy & Content, Email Campaigns & Cold Outreach, Social Commerce & Marketplace Marketing Setup (Instagram Shop, Facebook Shop, Google Merchant Center, Pinterest Product Catalog, WhatsApp Catalog, eBay, Amazon Seller Central, Etsy, TikTok Shop).
  • Plugin & App Development: Custom WordPress Plugin Development, WooCommerce Plugin Customization, Security & SEO Plugins, Payment Gateway Plugin Integration, Plugin Bug Fixes & Updates, Plugin Security Improvement.
  • UX/UI & Graphic Design: UI/UX for Web & Mobile Apps, Brand kits, logos, social media kits, Conversion-optimized landing pages.

Specific details, deliverables, timelines, and pricing for each service will be outlined in a separate proposal, service agreement, or invoice provided to the client.

2. Acceptance of Terms

By accessing and using our website and services, you affirm that you are of legal age to form a binding contract and that you accept and agree to comply with these Terms.

3. Client Responsibilities

To ensure the successful delivery of services, the client agrees to:

  1. Provide timely and accurate information, content, access credentials (e.g., website logins, API keys), and feedback required for the project.
  2. Designate a primary contact person to facilitate communication and decision-making.
  3. Review deliverables and provide feedback within agreed-upon timeframes. Delays in feedback may affect project timelines.
  4. Ensure all content provided for use in projects (text, images, videos, etc.) is legally obtained and does not infringe on any third-party intellectual property rights.
  5. Make payments according to the agreed-upon schedule.

4. Payment and Billing

  • Pricing: Service prices are as listed on our website, in proposals, or as otherwise agreed upon. We reserve the right to change our prices at any time, but price changes will not affect active contracts for which payment has been made.
  • Invoicing: Invoices will be issued according to the agreed payment schedule (e.g., upfront, milestone-based, monthly).
  • Payment Terms: Payments are due upon receipt of the invoice unless otherwise specified. Failure to make timely payments may result in the suspension or termination of services.
  • Subscription Services: For monthly packages (e.g., Pro+, Team Premium), services are billed on a recurring monthly basis. Subscriptions automatically renew unless cancelled by the client.
  • Refunds: All refunds are subject to our Refund Policy.

5. Intellectual Property Rights

  • Client Content: The client retains full ownership of all content, data, and materials provided to Nithu's Digital Solutions for use in projects.
  • Our Deliverables: Upon full and final payment for a project, the client will generally own the intellectual property rights to the final, delivered work product (e.g., custom website code, unique design assets). However, we retain the right to use such work for portfolio and marketing purposes.
  • Tools & Libraries: We retain ownership of any pre-existing code, frameworks, tools, methodologies, or intellectual property we have developed independently and use to provide services, even if customized for your project. Licensing for third-party software, plugins, or themes used in projects will be managed according to their respective licenses.

6. Confidentiality

Both parties agree to keep confidential all non-public information obtained during the course of providing or receiving services, including business strategies, technical data, client lists, and pricing, unless disclosure is required by law.

7. Limitation of Liability

In no event shall Nithu's Digital Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total liability to you for any and all claims arising out of or in connection with these Terms or the services provided hereunder shall not exceed the amount paid by you for the specific service from which the claim arose.

8. Indemnification

You agree to defend, indemnify, and hold harmless Nithu's Digital Solutions and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

9. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to formally close your account.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Us

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

  • Email: itwebcoders@gmail.com
  • Live Chat: Available 24/7 on our website nithudev.com/live-support-by-nithu
  • WhatsApp/Messenger: +94755603086