Terms and Conditions

1. Introduction and Acceptance

Welcome to Plusky IT Solutions. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Plusky IT Solutions LLC, a limited liability company duly registered and operating in the United States of America (Cheyenne, Wyoming), the Federal Republic of Nigeria, and the Republic of Rwanda (collectively referred to as "Plusky," "we," "us," or "our").

By accessing or using our website, services, software products, or platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "Services" refers to all development services, consulting, maintenance, support, and any other professional services provided by Plusky IT Solutions.
• "Products" refers to our SaaS platforms, including CharterVote and TikkBay, and any other software products we may offer.
• "Platform" refers to our websites, applications, and digital interfaces through which Services or Products are accessed.
• "Deliverables" refers to any code, designs, documentation, or other materials created by Plusky as part of the Services.
• "DevPod" refers to our retainer-based development engagement packages.
• "Platform Fee" or "Service Fee" refers to non-refundable administrative and processing charges associated with our Products and Services.
• "White-Label Services" refers to development services provided under confidentiality where Plusky's involvement is not disclosed to end clients.

3. Services and Products

3.1 Development Services

Plusky IT Solutions provides professional white-label development services including, but not limited to, Shopify development, WordPress development, custom web application development, mobile application development, and ongoing maintenance and support. All development services are provided on a project basis or through our DevPod retainer packages.

3.2 SaaS Products

We own and operate the following Software-as-a-Service products:

• CharterVote (www.chartervote.com): A digital voting and election management platform.
• TikkBay (www.tikkbay.com): A comprehensive business management solution - event ticketing and management platform.

Each SaaS product may have additional terms of service specific to that platform, which shall be incorporated into these Terms by reference.

3.3 Service Availability

While we strive to maintain 99.9% uptime for our platforms and services, we do not guarantee uninterrupted access. Scheduled maintenance, updates, and unforeseen technical issues may temporarily affect service availability.

4. Eligibility and Account Registration

4.1 Eligibility Requirements

To use our Services or Products, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction;
• Have the legal capacity to enter into binding contracts;
• If acting on behalf of an organization, have the authority to bind that organization to these Terms;
• Not be prohibited from using our services under applicable laws.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. Payment Terms

5.1 Pricing and Fees

All prices for our Services and Products are quoted in United States Dollars (USD) unless otherwise specified. Prices are subject to change with reasonable notice, except for ongoing contracts with fixed pricing terms.

5.2 Payment Methods

We accept payment via bank transfer, credit card, and other payment methods as specified on our platforms. All payments must be made in full according to the agreed payment schedule.

5.3 Late Payments

Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. We reserve the right to suspend services for accounts with outstanding balances exceeding 30 days.

5.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, or duties imposed by taxing authorities in your jurisdiction.

6. Intellectual Property Rights

6.1 Plusky's Intellectual Property

All intellectual property rights in our platforms, products, proprietary tools, methodologies, and pre-existing code libraries remain the exclusive property of Plusky IT Solutions. Nothing in these Terms transfers ownership of such intellectual property to you.

6.2 Client Deliverables

Upon full payment of all fees, you shall receive a non-exclusive, perpetual license to use the Deliverables created specifically for your project. Custom code developed exclusively for your project shall be assigned to you upon full payment, subject to any third-party licenses or open-source components incorporated therein.

6.3 Third-Party Components

Deliverables may incorporate third-party software, libraries, or components subject to their own license terms. You agree to comply with all such third-party license terms.

7. Confidentiality and White-Label Services

7.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation shall survive the termination of these Terms for a period of three (3) years.

7.2 White-Label Commitment

For white-label development services, Plusky commits to complete confidentiality regarding our involvement in your projects. We will not disclose our role to your clients or use your projects in our portfolio without your express written consent.

7.3 NDA Availability

We are prepared to execute additional Non-Disclosure Agreements (NDAs) upon request to provide enhanced confidentiality protections for sensitive projects.

8. Warranties and Disclaimers

8.1 Service Warranty

Plusky warrants that all Services will be performed in a professional and workmanlike manner consistent with industry standards. We warrant that Deliverables will substantially conform to agreed specifications for a period of thirty (30) days following delivery.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.3 No Guarantee of Results

While we strive for excellence, we do not guarantee specific business outcomes, revenue increases, or performance metrics from the use of our Services or Products.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Plusky's total liability for any claims arising from or related to these Terms shall not exceed the total fees paid by you to Plusky in the twelve (12) months preceding the claim.
• In no event shall Plusky be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• These limitations apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

10. Indemnification

You agree to indemnify, defend, and hold harmless Plusky IT Solutions, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services or Products;
• Your violation of these Terms;
• Your violation of any rights of a third party;
• Any content or materials you provide to us.

11. Termination

11.1 Termination by Client

You may terminate your engagement with Plusky at any time by providing written notice. Termination does not relieve you of the obligation to pay for Services rendered or Products used prior to termination.

11.2 Termination by Plusky

Plusky may terminate or suspend your access to Services or Products immediately if you breach these Terms, fail to make timely payments, or engage in conduct that we determine, in our sole discretion, to be harmful to our business or other clients.

11.3 Effect of Termination

Upon termination, your right to use our Services and Products ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, confidentiality, limitation of liability, and indemnification.

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law provisions. For clients based in Nigeria, Nigerian law may apply to the extent required by mandatory provisions of Nigerian law. For clients based in Rwanda, Rwandan law may apply to the extent required by mandatory provisions of Rwandan law.

12.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Cheyenne, Wyoming, USA.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Changes to Terms

Plusky reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services or Products after such changes constitutes acceptance of the modified Terms.

For ongoing service agreements, material changes to these Terms will be communicated via email at least thirty (30) days before taking effect.

14. Contact Information

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

Plusky IT Solutions LLC

United States (Headquarters):
Cheyenne, Wyoming, USA

Email: info@pluskyitsolutions.com

For legal inquiries, please include "Legal Inquiry" in your email subject line.