Who We Are

Ernyg Tech is a creative design and web development studio based in Kerala, India. We operate at ernyg.com. References to "we," "our," and "us" refer to Ernyg Tech.

Use of This Website

You may use ernyg.com for lawful purposes only. You agree not to:

• Use the site in any way that violates applicable local, national, or international law
• Attempt to gain unauthorised access to any part of the site or its infrastructure
• Transmit harmful, offensive, or unsolicited material through the contact form
• Scrape, copy, or reproduce site content without our written permission

We reserve the right to restrict access to the site at any time without notice.

Inquiries and Project Proposals

Submitting the contact form does not create a contract or any obligation on either party. A binding engagement exists only when both parties have agreed to a written proposal, statement of work, or project agreement. Until that agreement is signed, we are under no obligation to begin or reserve time for your project.

Intellectual Property

Ownership after payment: Upon receipt of full and final payment for a project, Ernyg Tech assigns ownership of the final deliverables to the client. This includes the design files and codebase produced specifically for the project, unless the written agreement states otherwise.

Portfolio rights: We retain the right to display and reference all completed work in our portfolio, case studies, social media, and marketing materials. You grant us a perpetual, royalty-free licence to do so. If you require a confidentiality arrangement, this must be agreed in writing before work begins.

Pre-existing IP: Frameworks, libraries, third-party tools, fonts, stock assets, and other pre-existing materials incorporated into the project remain the property of their respective owners and are subject to their own licences. Ownership of those components does not transfer to the client.

Unreleased work: All design assets, source files, and code remain the property of Ernyg Tech until all outstanding invoices are paid in full. We are under no obligation to release deliverables in the event of non-payment.

Client Responsibilities

You are responsible for:

• Providing accurate, complete, and timely information, content, and feedback
• Ensuring you hold the rights to any images, text, trademarks, or materials you provide for use in the project
• Reviewing and approving deliverables within agreed timelines. Delays caused by late approvals or feedback may affect the project schedule and may be subject to additional fees
• All content published on your website after delivery. Ernyg Tech is not responsible for any content changes made after handover

You warrant that the content and materials you provide do not infringe any third-party intellectual property rights, do not contain defamatory or unlawful material, and comply with all applicable laws.

Fees and Payment

Payment terms are set out in the project agreement or proposal. Unless otherwise agreed in writing:

• A deposit is required before work begins. The deposit amount is specified in the proposal and is non-refundable once work has started
• Remaining payments are due at the milestones or dates set out in the proposal
• Invoices not paid within the agreed period may incur a late fee or result in suspension of work
• All fees are quoted exclusive of applicable taxes unless stated otherwise

We reserve the right to withhold delivery of final files until all outstanding balances are settled.

Revisions and Scope

The number of revision rounds is defined in the project agreement. Requests for changes that fall outside the agreed scope, including new features, additional pages, or significant design changes after approval, are subject to a separate quote and written agreement.

We will notify you in writing if a request falls outside scope before proceeding.

Timelines and Delays

We will provide an estimated project timeline in the proposal. Timelines are contingent on both parties fulfilling their responsibilities on schedule.

We are not liable for delays caused by:

• Late or incomplete content, feedback, or approvals from the client
• Third-party services, integrations, or platforms outside our control
• Circumstances beyond our reasonable control

If a project is paused for more than 30 days due to client inaction, we reserve the right to reschedule the project and apply a restart fee.

Confidentiality

We treat all client business information shared during an engagement as confidential and will not disclose it to third parties without your written consent, except where required by law.

You agree to treat our proposals, pricing structures, process documentation, and unreleased work as confidential.

Third-Party Services

Projects may incorporate third-party platforms, APIs, hosting providers, plugins, or integrations. We are not responsible for changes, pricing adjustments, outages, security incidents, or policy changes made by those third parties after delivery. It is the client's responsibility to maintain accounts, licences, and subscriptions for any third-party services used in the project.

Limitation of Liability

To the fullest extent permitted by applicable law, Ernyg Tech is not liable for:

• Indirect, incidental, special, or consequential damages
• Loss of revenue, profit, data, or business opportunity arising from or in connection with our services
• Damages arising from third-party platforms, hosting services, or integrations we do not control
• Security incidents, data breaches, or downtime on hosting infrastructure
• Search engine ranking changes or the commercial performance of delivered work

Our total liability for any claim arising out of or relating to a project is limited to the total fees paid by the client for that specific project.

Nothing in these terms limits liability for fraud, death, or personal injury caused by our negligence.

No Warranty

We deliver work to the standard and specification described in the project agreement. We do not warrant that the delivered site will be error-free, uninterrupted, or suitable for any particular commercial outcome. Hosting uptime, search engine rankings, conversion rates, and third-party integrations are outside our control and carry no guarantee.

Termination

Either party may terminate a project engagement by giving written notice.

In the event of termination:

• All work completed up to the date of termination is billable at the agreed rate or pro-rated from the project fee
• Deposits are non-refundable unless the project is cancelled by Ernyg Tech without cause
• Final deliverables will not be released until all outstanding balances are paid
• Each party remains bound by the confidentiality obligations in Section 09 after termination

We reserve the right to terminate an engagement immediately if the client engages in unlawful, abusive, or fraudulent conduct.

Governing Law

These terms and any dispute arising from them are governed by the laws of India. Both parties submit to the exclusive jurisdiction of the courts of Kerala, India.

Dispute Resolution

We prefer to resolve disputes through direct conversation. If a dispute cannot be resolved informally within 30 days of written notice, both parties agree to attempt mediation in good faith before pursuing litigation.

Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

Entire Agreement

For any given project, these terms together with the signed project agreement or proposal constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.

Changes to These Terms

We may update these terms from time to time. Material changes will be reflected in a revised "Last updated" date at the top of this page. Continued use of the site after changes are posted constitutes acceptance of the updated terms.

Contact

For questions about these terms, contact us at: