What does Hich Web Development provide?
Business websites, e-commerce solutions, custom web systems, ERP and POS systems, booking platforms, admin portals, domain and hosting management, maintenance and technical support.
1. Definitions and Interpretation
In these Terms, “Hich,” “Hich Web,” “we,” “us,” or “our” means Hich Web Development and its authorised employees, contractors, agents and service providers. “Client,” “you,” or “your” means the individual, business, organisation or other legal person ordering, paying for, receiving or using the Services.
“Services” include website design and development, web applications, software systems, e-commerce systems, ERP/POS systems, mobile or progressive web applications, domain registration or management, DNS, hosting, cloud services, databases, email services, APIs, integrations, content work, maintenance, support, consulting, security work and any related deliverable identified in a quotation, invoice, proposal, message or project document.
“Project Materials” include source code, object code, visual designs, templates, databases, database structures, deployment files, scripts, documentation, credentials, configurations, graphics and other work created or supplied for a project. “Client Content” means text, images, trademarks, products, prices, customer information and other materials supplied or approved by the Client.
Headings are for convenience only. Words such as “including” mean “including without limitation.” References to writing include email, WhatsApp or another electronic communication capable of being retained as evidence.
2. Acceptance, Authority and Contract Formation
The Client accepts these Terms by signing a quotation or agreement, approving a proposal, paying any deposit or invoice, instructing Hich to begin work, providing project materials, accessing a preview, using a Service, or otherwise confirming acceptance in writing or electronically.
The person accepting these Terms confirms that they are at least eighteen years old and have authority to bind the Client. Where the Client is a company, partnership, association or other organisation, the person giving instructions warrants that they are authorised to act for it.
A quotation, scope document, invoice, accepted change request and these Terms together form the agreement. If they conflict, a specifically negotiated and signed project agreement prevails, followed by the accepted quotation or scope, then these Terms.
3. Quotations, Scope and Validity
Unless stated otherwise, a quotation is valid for thirty (30) calendar days. Hich may revise pricing or availability after that period. A quotation covers only the functions, pages, integrations, content, revisions and deliverables expressly listed.
Any feature, integration, migration, design revision, content entry, data cleaning, third-party configuration, urgent delivery or other work not expressly included is outside scope and may require a separate quotation, additional payment and revised completion date.
Descriptions such as “advanced,” “smart,” “automated,” “AI-powered,” “unlimited,” or similar promotional expressions are subject to the practical scope and technical limits stated in the quotation and do not create an unlimited obligation.
4. Fees, Taxes and Additional Expenses
The Client must pay all fees stated in the quotation, invoice, accepted message or change request. Unless expressly stated, prices exclude government taxes, payment gateway charges, bank charges, currency conversion differences and third-party costs.
The Client must reimburse approved expenses reasonably incurred for the project, including premium themes, plugins, fonts, stock media, APIs, maps, AI services, email services, SMS services, licences, hosting, domain names, cloud storage, travel and specialist contractors.
Hich may require advance payment before purchasing or activating any third-party service. Third-party price increases, foreign exchange changes and tax changes may be passed to the Client.
5. Deposits, Milestones and Instalments
Unless the quotation states otherwise, a non-refundable advance payment is required before Hich reserves development time, begins work or purchases third-party resources. The amount may be Rs. 10,000 or a higher amount specified for the project.
Milestone and instalment payments are due when the relevant milestone is reached, when the work is made available for review, or on the date shown on the invoice, whichever applies. Hich may pause the project until the required instalment is received.
Deposits compensate Hich for scheduling, analysis, setup, initial work and lost opportunities and are not refundable merely because the Client changes their mind, delays the project or decides not to launch.
6. Invoices, Due Dates and Payment Disputes
Invoices are issued electronically by email, WhatsApp, downloadable PDF or another agreed method. Unless another period is stated, invoices are payable immediately upon receipt. The Client must use an approved payment method and is responsible for ensuring funds are received in full.
A genuine invoice dispute must be notified in writing within five (5) calendar days of the invoice date, identifying the specific amount disputed and the factual reason. The Client must still pay all undisputed amounts by the due date. Silence, non-use of the Service or lack of a reply does not cancel an invoice.
Hich may apply payments to the oldest outstanding invoice first. Bank or transfer records, receipts, invoices and electronic messages may be used as evidence of payment and contractual acceptance.
7. Non-Payment, Refusal to Pay, Chargebacks and Default
The Client is in default if any deposit, instalment, final balance, renewal, hosting fee, domain fee, maintenance fee, subscription, licence fee, third-party cost, reimbursement, tax, change-request fee, support fee or other agreed payment owed to Hich is not received in cleared funds by its due date.
Default also includes an express refusal to pay, an unjustified payment reversal or chargeback, false or altered payment evidence, repeated broken payment promises, an attempt to obtain or continue using completed work without paying, withholding payment because of a separate disagreement, insolvency indicators, or failure to answer reasonable payment notices.
Where any default occurs, Hich may, to the maximum extent permitted by law:
- stop all current and future work immediately;
- withhold launch, deployment, files, credentials, source code, backups, domain transfer, hosting transfer, data exports, documentation or other deliverables;
- cancel any discount, free period, promotional benefit, credit arrangement or payment plan that depended on timely payment;
- declare other unpaid project or subscription balances immediately due where the quotation, invoice or payment plan permits;
- apply every payment received to the oldest debt, provider charge, reactivation expense or collection cost first;
- recover reasonable collection, legal, administrative, restoration, reactivation and third-party costs;
- terminate one or more agreements and invoice work completed, committed resources and non-cancellable expenses; and
- exercise the cross-default and cross-service suspension rights in Sections 8, 44 and 45.
No ownership, licence, transfer right, source-code right, continued access right or right to uninterrupted operation arises in respect of unpaid work or while the Client remains in default.
8. Temporary Suspension and Disablement of All Services
If the Client fails or refuses to pay any amount due to Hich, Hich may temporarily suspend, restrict, disable, disconnect or place into maintenance mode any or all Hich-managed Services associated with the Client, the Client's business, the relevant project or the unified Client account described in Section 44.
This right is not limited to the particular Service mentioned on the unpaid invoice. For example, where the Client has fully paid for a website but has not paid the balance for an ERP, POS, booking system, mobile application, hosting plan, maintenance service or another Hich project, Hich may also suspend the website and every other Hich-managed Service until the entire overdue account is settled.
Suspension may include the public website, web application, ERP/POS system, admin portal, customer portal, mobile or progressive web application, APIs, database, hosting, cloud services, domain DNS, business email, SSL, backups, maintenance, technical support, payment links, integrations and any other connected service that Hich hosts, licences, administers or technically controls.
Hich will normally provide an electronic payment notice and a reasonable opportunity to cure. Hich may suspend immediately where the Client expressly refuses payment, initiates a chargeback, submits false payment proof, attempts unauthorised access, bypasses a prior restriction, creates a security or legal risk, abuses Hich personnel, becomes insolvent, or where a provider requires immediate action.
During suspension:
- the Service may display a neutral maintenance, unavailable, account-suspended or payment-pending notice;
- transactions, enquiries, emails, bookings, orders, data entry, logins, APIs and integrations may stop working;
- Hich is not responsible for lost sales, customers, bookings, rankings, reputation, communications, records or other interruption arising from a suspension permitted by these Terms;
- all outstanding fees, subscriptions, renewals, provider charges and recurring charges continue to remain payable;
- the Client must not bypass, remove, reverse engineer or interfere with the suspension; and
- Hich may preserve logs and access records relating to the suspension or any attempted bypass.
Suspension is a protective contractual remedy. It does not transfer ownership, waive the debt, cancel recurring charges, or prevent Hich from terminating, collecting payment or pursuing another lawful remedy. Hich will not access or interfere with infrastructure that has been fully transferred to and is independently controlled by the Client or a third party, except where legally authorised.
9. Restoration, Reactivation and Data Retention After Suspension
Hich may require full settlement of all amounts owed across the entire unified Client account, not merely the invoice that first triggered suspension, before restoring any website, system or related Service.
Before restoration, Hich may also require cleared funds, reimbursement of registrar or cloud-provider charges, replacement of expired licences, security remediation, identity verification, a revised payment plan, a deposit for future charges, and payment of a disclosed reactivation, restoration or migration fee.
Restoration timing depends on Hich resource availability, registrars, hosting providers, DNS propagation, security checks, account reviews, software compatibility and third-party approvals. Hich does not guarantee immediate restoration or recovery of expired domains, deleted data, blocked email reputation, search rankings, cached content, customer messages, bookings or third-party accounts.
Unless a longer period is required by law or agreed in writing, Hich may retain recoverable project data for up to thirty (30) days after termination or prolonged suspension and may then permanently delete it without further notice. The Client must request and pay for any available export before deletion. Hich may retain invoices, agreements, logs, security records and evidence needed for accounting, legal, fraud-prevention or dispute purposes.
10. Client Responsibilities and Cooperation
The Client must appoint one authorised decision-maker and provide accurate requirements, approvals, content, credentials, legal notices, product information and feedback within the requested time.
The Client is responsible for reviewing all names, prices, calculations, contact details, policies, claims, product descriptions, tax settings, payment details and other business information before launch. Hich is not responsible for errors that the Client supplied, approved or failed to correct during review.
The Client must maintain secure devices, passwords, staff access and operational procedures, and must promptly notify Hich of suspected account compromise, staff departure or misuse.
11. Client Delays, Inactivity and Project Abandonment
Project dates depend on timely Client cooperation. Delays in content, feedback, payment, approvals, credentials or decisions automatically extend Hich’s deadlines and may require rescheduling.
If the Client is inactive for fourteen (14) days, Hich may place the project on hold. If inactivity continues for thirty (30) days, Hich may treat the project as abandoned, invoice work completed and remove it from the active schedule.
Restarting an inactive or abandoned project is subject to Hich’s availability, updated pricing, a restart fee where disclosed, and a revised schedule. Hich is not required to preserve obsolete development environments or third-party versions indefinitely.
12. Revisions, Change Requests and Out-of-Scope Work
The quotation will state the included revision rounds, if any. A revision changes an included item; it does not add a new page, feature, workflow, integration, data source, redesign or business requirement.
Hich may require a written change request describing the new work, price and schedule. Work performed at the Client’s request through messages or meetings may also be billable where it is clearly outside the agreed scope.
Repeated reversal of approved decisions, conflicting instructions from different people, or a request to reproduce another party’s protected work may be rejected or separately charged.
13. Reviews, Testing, Acceptance and Launch
Hich will provide reasonable opportunities to review the project. The Client must test the relevant user journeys, devices, business rules, calculations and content before approving launch.
Unless another period is agreed, a deliverable is deemed accepted if the Client does not provide a written list of material defects within ten (10) calendar days after it is made available for review, or if the Client launches, publishes, uses, sells through or otherwise commercially benefits from it.
Minor visual differences, third-party changes, enhancement requests, content corrections and features not in scope are not acceptance-blocking defects. Launch may be withheld until the final balance and all required third-party fees are paid in cleared funds.
14. Domain Registration, Administrative Control and Beneficial Use
A domain name is subject to the policies, availability, eligibility rules and dispute procedures of the applicable registry and registrar. Hich cannot guarantee that a requested domain will remain available until registration is completed and payment is received.
Where Hich registers, purchases, renews or manages a domain through a Hich-controlled registrar account, Hich retains administrative and technical control of that domain and the associated registrar account unless and until an approved written transfer is completed. The Client receives a conditional right to use the domain for the agreed project while all invoices and renewal fees are paid and these Terms are followed.
Where the domain is registered directly by the Client in the Client’s own registrar account, the Client remains responsible for ownership records, security, renewal, recovery and compliance. The Client must give Hich only the access reasonably required to perform the Services.
The registrar’s official registrant records and applicable law ultimately determine registration rights. Nothing in these Terms requires Hich to make a false registrant declaration or act contrary to registry rules.
15. Domain Renewal, Expiry, Redemption and Transfer
Domain registration and renewal fees are recurring and separate from the website development price unless the quotation expressly states otherwise. Renewal payment must be received at least thirty (30) days before the expiry date requested by Hich.
Hich is not responsible for domain expiry, auction, redemption fees, third-party acquisition, email interruption or loss caused by late or missing payment, outdated Client contact details, registrar action, legal dispute or registry failure.
A transfer of a Hich-managed domain is discretionary unless a signed project agreement gives the Client an express transfer right. Any approved transfer is conditional on:
- full settlement of every amount owed to Hich for all related services;
- payment of applicable registrar, renewal, redemption and disclosed administration charges;
- identity and authority verification;
- the Client providing a valid destination registrar account; and
- compliance with transfer locks, waiting periods and registry rules.
Hich may refuse or delay transfer while an invoice, ownership dispute, fraud concern, security incident, legal claim or chargeback remains unresolved.
16. Hosting, Servers, Cloud Accounts and Infrastructure Ownership
Unless the quotation expressly provides a dedicated Client-owned account, hosting, cloud resources, deployment systems, DNS infrastructure, email infrastructure, databases, backup systems and management tools supplied through Hich accounts remain owned, leased or controlled by Hich or its providers.
The Client purchases a limited service entitlement, not ownership of the physical server, cloud account, reseller account, control panel, underlying licence, deployment pipeline or multi-client infrastructure. Hich may select or change providers, regions, plans, architecture and technical configurations where reasonably necessary.
Hosting is conditional on timely recurring payment, acceptable use, technical feasibility and provider availability. Hich may migrate a Service, apply resource limits, block malicious traffic, restrict excessive usage or require an upgraded plan.
If the Client requires hosting in a Client-owned account, this must be agreed in writing. Additional migration, configuration, troubleshooting and security work may be charged separately.
17. Ownership of the Website, Software, Source Code and Hich Technology
Unless a separate written assignment signed by Hich expressly transfers a specifically identified intellectual property right, all intellectual property rights in the website, software system and Hich-created Project Materials remain the exclusive property of Hich Web Development.
This retained ownership includes source code, object code, HTML, CSS, JavaScript, backend code, database structures, schemas, APIs, automation logic, AI prompts and workflows, reusable modules, frameworks, libraries created by Hich, templates, admin panels, deployment scripts, development tools, security methods, documentation, design systems, know-how, concepts, improvements and derivative works.
After full payment of every amount due for the relevant project and while the Client is not in default on the unified account, Hich grants the Client a limited, conditional, revocable, non-exclusive and non-transferable licence to use the delivered production website or system for the Client's own lawful business operations during the agreed service period.
The licence does not include a right to sell, sublicense, copy, distribute, publish source code, create competing products, remove Hich identification or technical controls, permit another developer to reuse Hich technology, or continue using a suspended or terminated Service. The licence may be suspended automatically during payment default and ends where these Terms permit termination.
Hich may reuse general knowledge, concepts, non-confidential techniques, frameworks and components in other projects. Client-specific confidential data and Client-owned branding will not be reused except with permission or as lawfully anonymised.
18. Client Content, Trademarks and Licence to Hich
The Client retains rights in original Client Content that the Client lawfully owns. The Client grants Hich a worldwide, royalty-free licence to host, copy, resize, modify, process, transmit, display and otherwise use that content only as reasonably required to perform, maintain, demonstrate and support the Services.
The Client warrants that it has all rights, permissions, licences, privacy notices and consents needed for the Client Content. The Client must not supply copyrighted images, logos, fonts, software, customer lists or other materials without permission.
Hich may remove or refuse content that reasonably appears unlawful, infringing, deceptive, unsafe, defamatory, discriminatory, malicious or contrary to provider policies.
19. Source Code, Credentials, Repositories and Handover
Source code, editable design files, private repositories, master credentials, server root access, Hich account access, internal documentation and development tools are not included unless expressly listed as deliverables in the quotation.
Even where source code delivery is purchased, Hich retains ownership of pre-existing and reusable Hich technology, and the Client receives only the rights expressly stated in the signed transfer agreement. Third-party and open-source components remain subject to their own licences.
Hich may retain emergency or administrator access while Hich provides hosting, maintenance, warranties or support. The Client must not share credentials publicly or give unapproved third parties access that could damage the Service.
20. Third-Party Software, APIs and External Services
Projects may depend on registrars, hosting companies, cloud platforms, payment gateways, Google services, Meta/WhatsApp services, maps, email providers, AI providers, analytics tools, plugins, libraries and other third parties.
The Client accepts the applicable third-party terms, charges, availability limits, data practices and acceptable-use rules. Hich does not control and is not liable for a provider’s outage, closure, policy change, price increase, API restriction, account suspension, data incident, feature removal or geographic limitation.
Work required because a third party changes or discontinues its service is maintenance or new work and may be separately quoted. Hich may substitute a reasonably comparable provider when technically necessary.
21. E-Commerce, Payments, Bookings and Financial Transactions
Where the Service processes orders, bookings, quotations, invoices, deposits or payment links, Hich provides technical functionality only and is not the seller, bank, payment processor, travel provider or party to the Client’s customer contract.
The Client is responsible for prices, taxes, refund rules, fulfilment, delivery, stock, warranties, customer service, identity checks, payment gateway compliance and financial reconciliation.
Hich does not guarantee that every fraudulent transaction, duplicate payment, calculation error, gateway delay or chargeback will be detected. The Client must test and independently reconcile transactions and must never store payment card data in an unauthorised manner.
22. Personal Data, Privacy and Regulatory Roles
Each party must comply with applicable privacy and data protection law, including the Sri Lankan Personal Data Protection Act and lawful directions of the Data Protection Authority where applicable.
Unless agreed otherwise, the Client determines why and how customer, staff or user personal data is collected through the Service and is responsible for acting as the relevant controller. Hich generally processes that data only to provide the Services and may act as a processor or independent controller for limited business records, security logs, billing and legal compliance.
The Client is responsible for providing accurate privacy notices, identifying lawful purposes, limiting collection, responding to data subject requests, determining retention periods and obtaining required consents. Hich may require a separate data processing agreement for projects involving significant personal data.
The Client must not place highly sensitive, health, biometric, children’s, financial or other specially regulated data into the Service unless this has been disclosed in advance and suitable safeguards have been agreed in writing.
23. Security, Access Control and Incident Response
Hich will use reasonable technical and organisational measures appropriate to the agreed Service and budget, but no website, software, network or cloud system can be guaranteed completely secure.
The Client must use strong unique passwords, multi-factor authentication where available, authorised devices, least-privilege staff access and secure internal practices. The Client is responsible for actions taken through its accounts unless caused solely by Hich’s proven breach.
Hich may reset credentials, block traffic, disable vulnerable functions, take a Service offline or preserve logs when reasonably necessary to investigate or contain an incident. The Client must promptly cooperate with security investigations and legally required notifications.
24. Backups, Data Export and Data Loss
Unless a paid backup service is expressly included, backups are not guaranteed. Any provider backup is a recovery aid and not a substitute for the Client’s own records.
The Client must keep independent copies of critical content, product data, customer records, invoices, images and exports. Hich may charge for restoration, forensic work, emergency recovery or large data exports.
To the maximum extent permitted by law, Hich is not liable for data loss caused by Client action, third-party action, expired service, non-payment, malware, provider failure, unsupported modification, force majeure or the absence of an agreed backup service.
25. Availability, Maintenance and Service Levels
Unless a signed service-level agreement states otherwise, the Services are supplied on a commercially reasonable “best efforts” basis without guaranteed uninterrupted uptime, response time or resolution time.
Planned maintenance, emergency maintenance, software updates, security work, provider outages, internet failures, attacks and force majeure may make a Service temporarily unavailable.
Hich may schedule maintenance when reasonably convenient and may perform urgent maintenance without advance notice. Service credits apply only where a signed service-level agreement expressly provides them.
26. Browsers, Devices, Operating Systems and Accessibility
Hich will target the current mainstream versions of browsers and devices identified in the project scope. Exact appearance and behaviour may vary across screen sizes, operating systems, browser engines, accessibility settings and device capabilities.
Support for obsolete browsers, unusual embedded browsers, modified devices, future browser releases or specialised accessibility certification is not included unless expressly agreed.
Changes needed because a browser, operating system or device platform changes after delivery may be treated as maintenance or additional work.
27. SEO, Advertising, Analytics and Business Results
Hich does not guarantee any search ranking, traffic volume, advertising approval, lead volume, sales, revenue, conversion rate or business result. Search engines, ad networks and social platforms control their own algorithms and policies.
The Client is responsible for the truthfulness and legality of advertisements, claims, reviews, keywords, tracking consent and marketing lists. Hich may refuse misleading, prohibited or high-risk promotional content.
Analytics and reporting may contain sampling, blocked tracking, bot traffic, attribution limits or third-party inaccuracies and should not be treated as audited financial data.
28. AI, Automation and Generated Output
AI and automated features may produce incomplete, inaccurate, outdated, biased or unexpected output. They must not be treated as legal, medical, financial or other professional advice.
The Client must review and approve AI-generated content, recommendations, quotations, classifications and customer responses before relying on them for important decisions. Hich may impose usage limits or disable features that create legal, safety, privacy, cost or provider-policy risks.
AI usage charges, token limits, model changes, provider outages and output restrictions are third-party dependencies and may require revised pricing or functionality.
29. Email, Messaging and Domain Reputation
Email, SMS and messaging deliverability is not guaranteed. Messages may be delayed, filtered, blocked or rejected by recipients, telecom operators or anti-spam systems.
The Client must use lawful recipient lists, provide required notices and opt-out mechanisms, and must not send spam, phishing, deceptive or prohibited communications.
Hich may suspend messaging functions to protect domain, IP or provider reputation. Damage caused by Client campaigns, purchased lists, insecure forms or compromised accounts may require separately charged remediation.
30. Prohibited and Unlawful Use
The Client must not use the Services for unlawful, fraudulent, infringing, defamatory, deceptive, abusive, discriminatory, malicious or unauthorised activity, including malware distribution, credential theft, unauthorised access, spam, piracy or violation of third-party rights.
The Client must comply with applicable Sri Lankan laws, including laws relating to intellectual property, electronic transactions, computer misuse, consumer protection, privacy, taxation and online conduct.
Hich may reject content, preserve evidence, restrict access, suspend service, cooperate with a lawful authority or terminate the agreement where Hich reasonably believes a legal, security or provider-policy violation exists. Hich is not required to make a final legal determination before taking reasonable protective action.
31. Warranties and Disclaimers
Hich warrants that it will perform the Services with reasonable care and skill appropriate to the agreed scope. Except for this limited commitment and any rights that cannot legally be excluded, the Services are provided “as is” and “as available.”
Hich does not warrant that the Service will be error-free, uninterrupted, immune from attack, compatible with every third-party system, suitable for an undisclosed purpose or capable of producing a specific commercial result.
The Client is responsible for deciding whether the Service is suitable for its business, legal obligations, industry requirements and risk level.
32. Limitation of Liability
Nothing in these Terms excludes liability that cannot lawfully be excluded. Subject to that rule, Hich is not liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for lost profit, revenue, sales, opportunity, goodwill, reputation, anticipated savings, data, rankings or business interruption.
Hich is not liable for loss caused by Client instructions, Client Content, unauthorised third parties, third-party providers, internet failure, malware, force majeure, non-payment suspension, unsupported modification, failure to maintain backups or use outside the agreed scope.
To the maximum extent permitted by law, Hich’s total aggregate liability arising from a particular project is limited to the amount actually paid to Hich for the specific Service giving rise to the claim during the six (6) months immediately preceding the event. Third-party fees, taxes and pass-through costs are excluded from that calculation.
The Client must notify Hich of a claim within a reasonable time after becoming aware of it and must allow Hich a reasonable opportunity to investigate and, where practical, correct the issue.
33. Client Indemnity
To the extent permitted by law, the Client will indemnify and hold harmless Hich and its personnel from third-party claims, losses, penalties, costs and reasonable legal expenses arising from:
- Client Content or a claim that Client Content infringes rights;
- the Client’s products, services, business practices, customer promises or regulatory non-compliance;
- unlawful, fraudulent, misleading or prohibited use of the Services;
- the Client’s failure to obtain privacy notices, permissions, licences or consents;
- instructions, changes or access given by the Client or its personnel; or
- the Client’s breach of these Terms.
Hich must give reasonable notice of an indemnified claim and allow the Client to participate in its defence, provided Hich may control any matter affecting Hich’s reputation, rights or continuing obligations.
34. Confidentiality
Each party must protect the other party’s non-public business, technical, pricing, security and customer information using reasonable care and may use it only for the agreement.
Confidential information does not include information already lawfully known, independently developed, publicly available without breach, or lawfully received from another source.
A party may disclose information to personnel, professional advisers, providers and authorities who need it and are subject to appropriate obligations, or where disclosure is required by law.
35. Design Credit, Portfolio and Publicity
Unless the quotation expressly states otherwise, Hich may place a small, reasonable “Designed/Developed by Hich Web Development” credit and link in the website footer or system information area.
Hich may identify the Client and display public screenshots, the project name, non-confidential descriptions and a link in Hich’s portfolio, proposals, social media and marketing materials.
A request to remove design credit or restrict portfolio use must be agreed in writing and may affect pricing. Hich will not intentionally disclose confidential credentials, private customer data or non-public business information.
36. Defect Warranty, Support and Maintenance
Unless another period is stated, Hich provides a fourteen (14) day limited defect-correction period after launch for reproducible material defects in the originally agreed functionality.
The warranty does not cover new features, content edits, training, data entry, third-party changes, browser or device changes, Client misuse, unauthorised modifications, compromised credentials, provider outages or issues caused by unpaid services.
Ongoing support, updates, monitoring, security patches, content changes, backups and compatibility work require an active maintenance or hosting plan where applicable. Support may be refused while invoices are overdue.
37. Termination by the Client or Hich
The Client may request termination in writing. The Client must pay all work completed, milestones reached, time reserved or committed, non-cancellable third-party costs, outstanding subscriptions and every other amount due up to termination. Deposits and fees already earned are non-refundable except where mandatory law requires otherwise.
Hich may terminate immediately for material breach, non-payment, refusal to pay, chargeback, fraud, insolvency, illegal use, abuse, security risk, infringement, attempted circumvention, repeated failure to cooperate or conduct that makes continued performance unreasonable.
Termination of one project does not cancel debts or obligations connected with another project. Hich may terminate or suspend selected Services while leaving others active, or terminate the entire unified Client account where the default affects the broader commercial relationship.
On termination, the Client's licence to unpaid, suspended or Hich-owned Services ends. Hich may disable access, stop renewals, revoke credentials and delete data according to Section 9. Clauses concerning payment, ownership, confidentiality, liability, indemnity, dispute resolution, evidence, collection and records survive termination.
38. Force Majeure
Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, extreme weather, fire, epidemic, war, civil disorder, government action, power failure, internet disruption, provider outage, labour disruption, cyberattack or failure of essential third-party infrastructure.
The affected party will take reasonable steps to reduce the impact. Deadlines are extended for the period of disruption. If a force majeure event continues for an extended period, either party may discuss suspension or termination, but accrued payment obligations remain due.
39. Electronic Communications, Notices and Records
The parties agree to use electronic communications and records. Notices may be sent to the latest email address, WhatsApp number, billing contact or other written contact supplied by the Client.
A notice is treated as received when sent without an automated failure message, subject to any mandatory legal rule. The Client must keep contact and billing information current.
Electronic approvals, payment confirmations, message histories, logs, invoices and access records may be retained and used to prove instructions, acceptance, performance, notice and payment.
40. Subcontractors, Assignment and Business Changes
Hich may use employees, freelancers, subcontractors, cloud providers and specialist suppliers to perform the Services while remaining responsible for its contractual obligations to the extent stated in these Terms.
The Client may not assign, resell, sublicense or transfer the agreement or the Service to another person without Hich’s written consent. Hich may assign the agreement as part of a business reorganisation, sale, partnership or transfer of the relevant service operation.
41. Complaints, Good-Faith Resolution and Governing Law
The Client must first send a written complaint with the relevant invoice, project, facts and requested resolution. The parties will attempt in good faith to resolve the matter through direct discussion within a reasonable period.
If the dispute is not resolved, the parties may agree to mediation or another lawful alternative dispute process. Unless a signed agreement states otherwise, these Terms are governed by the laws of Sri Lanka and the courts of Sri Lanka have jurisdiction, subject to any mandatory forum or consumer right that applies.
Nothing prevents Hich from seeking urgent relief to protect intellectual property, confidential information, infrastructure, accounts, payment rights or system security.
42. Entire Agreement, Severability, Waiver and Relationship
The agreement is the entire understanding for the relevant Services and replaces earlier discussions or representations about that scope, except for fraud or rights that cannot legally be excluded.
If any clause is invalid or unenforceable, it will be limited or replaced to the minimum extent necessary while the remaining clauses continue. A delay in enforcing a right is not a waiver.
The parties are independent contractors. These Terms do not create employment, partnership, agency, fiduciary duty, franchise or joint venture.
43. Changes to These Terms
Hich may update these Terms for future quotations and renewals. The version accepted when a project begins applies to that project unless the parties agree otherwise.
For ongoing hosting, maintenance, subscription or managed services, Hich may give reasonable electronic notice of updated terms. Continued use after the effective date constitutes acceptance, subject to mandatory law and any right to terminate before the change takes effect.
Material changes will be identified by an updated effective date or version number on this page.
44. Unified Client Account and Cross-Default
All quotations, projects, websites, software systems, domains, hosting plans, subscriptions, maintenance arrangements, support services, invoices and third-party purchases supplied by Hich to the same Client may be administered as one unified Client account.
A payment default, chargeback, refusal to pay, security breach or material contractual breach relating to any one Service constitutes a cross-default across the unified Client account. Hich may therefore apply payment holds, delivery holds, licence restrictions, suspension, termination and recovery action to any or all other Hich-managed Services connected with that Client.
The Client may not avoid cross-default by labelling a payment for one Service only, by claiming that another Service was previously paid, by using different trading names, or by moving billing between entities under common ownership or control where those entities jointly requested, received or benefited from the Services.
Cross-default does not make one legally separate entity liable for another entity's debt unless that entity ordered, guaranteed, accepted, used or benefited from the relevant Service, or a written agreement lawfully provides otherwise.
45. Cross-Suspension of Separately Paid Websites and Systems
The Client expressly agrees that payment of one individual Service does not guarantee that Service will remain active while another amount owed to Hich remains unpaid.
Where a website and a system are supplied to the same Client, business or connected project, failure to pay the system price, balance, instalment, subscription, hosting, maintenance or renewal may result in suspension of both the system and the website, even where the website invoice itself was paid in full.
The same principle applies in reverse and across any combination of websites, e-commerce stores, ERP/POS systems, booking systems, mobile applications, domains, email, hosting, databases, maintenance plans, APIs and support services.
Hich may choose which Services to suspend based on technical dependency, security, payment history, provider restrictions, operational cost and the need to prevent continued benefit from an unpaid commercial arrangement.
46. Acceleration of Outstanding Balances
Where the Client materially defaults under an instalment plan, subscription, staged project or deferred-payment arrangement, Hich may cancel the payment concession and require immediate payment of all amounts already earned or contractually due.
Future recurring fees are not automatically accelerated unless the quotation, invoice, subscription commitment or separate agreement states that the Client committed to a minimum term. Non-cancellable provider commitments and resources already purchased remain payable.
47. No Set-Off, Withholding or Unilateral Deductions
The Client must pay invoices in full without set-off, counterclaim, withholding, deduction or unilateral price reduction, except where required by law or expressly agreed by Hich in writing.
A complaint about one feature, invoice or project does not permit the Client to withhold undisputed amounts or payments for another Service. Any required tax withholding must be supported by official documentation, and the parties will cooperate regarding lawful tax certificates.
48. Payment Plans, Discounts and Conditional Concessions
Any instalment plan, extended due date, discount, free hosting period, free domain, free support period, promotional price or waived fee is a conditional concession and not a permanent amendment unless expressly confirmed in writing.
If the Client pays late or breaches the agreement, Hich may withdraw unused concessions, require standard pricing for future work, require advance payment, shorten credit terms or refuse further credit.
49. Reactivation, Restoration and Technical Recovery Charges
Suspension may require technical work such as rebuilding deployments, renewing licences, restoring databases, reconfiguring DNS, validating backups, cleaning malware, reauthorising APIs, warming email reputation or re-establishing provider accounts.
Such work is not included in the original project fee unless expressly stated. Hich may provide a separate estimate or require a reasonable reactivation charge before work begins.
50. Collection, Legal and Enforcement Costs
To the extent permitted by law, the Client must reimburse reasonable costs Hich incurs because of the Client's default, including payment-gateway penalties, registrar or hosting penalties, debt-collection charges, tracing costs, administrative time, professional advice, court filing charges and reasonable legal fees.
Hich will not claim a cost that is prohibited by mandatory law, and any recoverable amount remains subject to the decision of a competent court or agreed settlement where required.
51. Anti-Circumvention and Unauthorised Restoration
The Client must not bypass, defeat, remove or instruct another person to defeat any lawful access restriction, licence control, maintenance page, account hold, security control or suspension applied under these Terms.
Unauthorised restoration, copying, migration, credential use, DNS change, reverse engineering or deployment of a suspended Hich Service is a material breach and may expose the Client to additional technical, security, licensing and enforcement costs.
This clause does not prevent the Client from accessing or moving Client-owned data through a lawful export right expressly granted under these Terms after applicable payments are settled.
52. Technical Access Controls and Service Protection Measures
Hich may use authentication, licence keys, API keys, deployment controls, access tokens, role permissions, rate limits, monitoring, update checks and other reasonable technical measures to protect Hich technology, enforce authorised use and secure the Service.
The Client must not remove or tamper with those measures. Hich will not intentionally use a protection measure to access unrelated Client systems or data outside the agreed Service.
53. Automatic Licence Suspension During Default
Any licence granted by Hich is conditional on payment and compliance. Unless mandatory law requires a different result, the licence is automatically suspended while a material payment default continues, without transferring ownership or creating a right to continued operation.
Continued use after licence suspension does not create an implied licence, waiver or ownership right. Hich may require written confirmation of renewed licence terms before reactivation.
54. Related Businesses, Trading Names and Authorised Users
The Client must disclose the correct legal or personal name, trading name, billing details and authorised contacts. A change of trading name does not cancel an existing debt or agreement.
Where related businesses or individuals share a website, system, domain, data, staff, billing contact or commercial benefit, Hich may request written clarification of the contracting party and may require each relevant party to accept appropriate terms before continuing service.
55. Authority, Identity Verification and Client Representations
Hich may request business registration details, identification, proof of address, domain authority, payment ownership or proof that an instruction is authorised before registering domains, transferring accounts, changing bank details, releasing credentials or processing sensitive requests.
The Client warrants that all information supplied is accurate and not misleading. Hich may pause action where identity, authority, ownership or fraud concerns remain unresolved.
56. Fraud, False Information and Payment Evidence
Submitting false identity information, altered receipts, fabricated bank confirmations, unauthorised cards, stolen content, false ownership claims or deceptive project information is a material breach.
Hich may suspend immediately, preserve relevant evidence, reverse any provisional credit, notify affected providers or authorities where lawfully required, and refuse future service.
57. Insolvency, Credit Risk and Financial Deterioration
Hich may require immediate payment, additional security, advance funding or suspension where the Client becomes insolvent, ceases business, enters liquidation or administration, has assets seized, repeatedly defaults, or where Hich reasonably believes payment is materially at risk.
This right applies only to protect unpaid work, ongoing provider costs and Hich-managed infrastructure and does not determine the Client's legal insolvency status.
58. Taxes, Currency, Bank Charges and Withholding
The Client is responsible for taxes, duties, levies, payment-processing charges, bank charges and currency-conversion differences applicable to the purchase unless the invoice expressly includes them.
Payment is complete only when Hich receives the full invoiced amount in cleared funds. The Client must provide official withholding or tax certificates where a deduction is legally required.
59. Order of Contract Documents and Special Terms
The contract consists of any signed project agreement, accepted quotation, approved scope, accepted change requests, invoices and these Terms.
Where documents conflict, a specifically negotiated and signed project term prevails for that issue, followed by the accepted quotation or scope, then these Terms. A general purchase-order term supplied by the Client does not override Hich's terms unless Hich expressly accepts it in writing.
60. Project Records, Logs and Electronic Evidence
Hich may retain project messages, approvals, access logs, deployment records, time records, invoices, payment records, change histories, support tickets and system events for legitimate business, security, accounting and dispute purposes.
Subject to applicable evidence and privacy law, those records may be used to show instructions, acceptance, delivery, access, use, suspension, attempted circumvention and payment status.
61. Remote Support and Administrative Access
Where support, hosting or maintenance is included, the Client authorises Hich to use reasonable administrative or remote access necessary to diagnose, maintain, secure, back up, update or restore the Service.
Hich will limit access to authorised personnel and legitimate service purposes. The Client must not remove required support access without notice where doing so prevents Hich from performing agreed obligations.
62. Client-Controlled Hosting and Third-Party Infrastructure
Where a Service is hosted in an account controlled by the Client or another provider, Hich is not responsible for outages, deletion, configuration changes, unauthorised access, billing failures or restrictions caused by that environment.
Hich may pause support until suitable access is provided. Cross-service suspension under these Terms applies only to Services Hich lawfully hosts, licences, manages or controls; Hich will not unlawfully enter or disable independent third-party infrastructure.
63. Migration, Exit Assistance and Transition Services
Migration to another provider, developer or account is not included unless stated in the quotation. Hich may quote separately for exports, documentation, DNS changes, repository preparation, credential handover, database conversion, training and transition support.
No migration or transfer is required while amounts remain overdue, a chargeback is unresolved, identity is unverified, or the requested transfer would expose Hich credentials, other clients or proprietary infrastructure.
64. Data Export and Handover Conditions
Where technically available and legally permitted, the Client may request an export of Client Content after all applicable invoices, export charges and third-party fees are paid.
An export may be supplied in a reasonable standard format selected by Hich. Hich does not guarantee that another provider can import, reproduce or operate the data without additional work, and exports do not include Hich source code, secrets, multi-client infrastructure or proprietary tools unless expressly purchased.
65. Content Complaints, Takedowns and Legal Requests
Hich may remove, block or disable content or functionality where Hich receives a credible infringement complaint, court order, regulator request, provider notice or evidence of unlawful or harmful use.
Hich may request documents or a legal response from the Client before restoring the content. The Client remains responsible for the legality and accuracy of Client Content and business activity.
66. Client Licences, Permits and Regulatory Compliance
The Client is responsible for obtaining all licences, registrations, approvals, policies, disclosures and permits required for the Client's business, products, services, promotions, employment practices and data processing.
Hich's development or publication of a feature does not confirm that the Client's business model, wording, pricing, advertising, competition, refund practice or regulated activity is legally compliant.
67. High-Risk and Regulated Services
Financial, medical, legal, insurance, investment, transport, accommodation, education, identity, biometric and other regulated or high-risk systems require the Client to obtain appropriate professional and regulatory advice.
Unless expressly agreed, Hich does not provide regulated professional advice, compliance certification, safety certification or a guarantee that the Service meets sector-specific standards.
68. App Stores, Social Platforms and External Account Approval
Mobile app stores, social networks, advertising platforms, messaging providers and marketplaces independently control account approval, verification, publication, ranking, suspension and policy enforcement.
Hich cannot guarantee approval or continued availability. Re-submission, policy remediation, identity verification and platform-requested changes may be separately chargeable.
69. Open-Source and Third-Party Licence Compliance
Projects may include open-source or third-party components governed by their own licences. Those licences apply directly and may require notices, attribution, source availability for that component, usage limits or separate fees.
Hich's ownership claim does not override a valid third-party licence. The Client must not use a delivered Service in a way that causes either party to breach an applicable licence.
70. Resale, White-Label and Multi-Tenant Restrictions
The Client may use the Service only for the business purpose stated in the agreement. Reselling, sublicensing, white-labelling, franchising, renting, hosting for third parties or operating the Service as a multi-tenant platform requires Hich's prior written approval and may require different pricing and licence terms.
Unauthorised resale or commercial duplication is a material breach and may result in licence termination and suspension.
71. No Reverse Engineering, Copying or Competing Derivatives
Except to the limited extent a restriction cannot lawfully apply, the Client must not reverse engineer, decompile, disassemble, scrape, copy, clone, reconstruct, translate or create derivative products from Hich source code, protected workflows, databases, interfaces or technical controls.
The Client must not provide Hich materials to another developer for reuse, resale or creation of a competing product without a written licence from Hich.
72. Client Staff, Contractors and Unauthorised Changes
The Client is responsible for actions of its staff, contractors, agents and any person given credentials. Unauthorised code changes, plugin installations, server changes, credential sharing or data edits may void warranties and require paid investigation or restoration.
Hich may require third-party access to be removed where it creates a security, licensing, privacy or operational risk.
73. Service Lifecycle, Updates and Discontinuation
Technology, browsers, APIs, providers and security requirements change. Hich may update, replace, migrate, limit or discontinue a component or managed Service where reasonably necessary for security, legal compliance, provider availability or commercial viability.
Where practical, Hich will provide reasonable notice of a material planned discontinuation. Replacement development, major upgrades or migration may require a new quotation.
74. Cumulative Remedies, Survival and No Waiver
Hich's rights to withhold, suspend, terminate, recover payment, protect intellectual property and seek legal relief are cumulative. Using one remedy does not prevent Hich from using another lawful remedy.
A delay, partial restoration, temporary concession, continued discussion or acceptance of a late payment does not waive a breach or create a permanent extension.
Payment, ownership, licence restrictions, confidentiality, data retention, liability, indemnity, evidence, collection costs, dispute and enforcement provisions survive completion, suspension and termination to the extent necessary to give them effect.
75. Contact Details and Confirmation of Acceptance
Questions, notices and payment communications should be sent to:
- Business: Hich Web Development
- Website: hichweb.com
- Email: info@hichweb.com
- Phone / WhatsApp: +94 71 411 2113
By accepting a quotation, paying an invoice, instructing Hich to begin work, renewing a Service or continuing to use a managed Service, the Client confirms that the Client has read, understood and accepted these Terms and has had an opportunity to obtain independent legal advice.
Document version: 6.0 | Effective date: 1 January 2024.
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