1 About these terms
These terms govern your use of devleka.com and the services provided by Devleka Technologies Limited ("Devleka", "we", "us"), a company registered in Nigeria (RC 9868605).
By using our website or engaging our services, you agree to these terms. Where we sign a separate written agreement, statement of work or service agreement with a client, that document takes precedence over these terms to the extent of any conflict.
Contact: hello@devleka.com
2 Our services
We provide software design and development, information technology consultancy, systems integration, cloud infrastructure and hosting, business automation and messaging solutions, website and digital product design, and technical training and support.
The exact scope, deliverables, timeline and fees for any engagement are set out in a proposal, statement of work or written agreement. Nothing on this website constitutes an offer to provide services on particular terms.
3 Website use
You may use devleka.com for lawful purposes only. You agree not to:
- Attempt to gain unauthorised access to the site, its servers or connected systems
- Interfere with the site's operation, including by introducing malicious code
- Scrape, copy or republish site content for commercial purposes without our written consent
- Misrepresent your identity or affiliation with Devleka
We may suspend or restrict access to the site at any time without notice.
4 Engagements and payment
Unless a signed agreement says otherwise:
- Fees, milestones and payment terms are set out in the applicable proposal or statement of work
- Invoices are payable within the period stated on the invoice
- We may suspend work on overdue accounts after giving written notice
- Quoted fees exclude third-party costs such as hosting, domains, platform charges, licences and messaging fees, which are billed at cost or paid directly by the client
- Changes to agreed scope are handled as a documented change request and may affect fees and timelines
5 Client responsibilities
To deliver effectively, we rely on the client to:
- Provide timely access to information, systems, accounts and decision makers
- Own and maintain their own accounts with third-party platforms, including but not limited to Meta, Google, payment processors and hosting providers, except where we have expressly agreed in writing to hold these on the client's behalf
- Ensure they have the rights to any content, data or materials they supply to us
- Obtain any consent or opt-in required from their own end users, including for messaging
- Comply with applicable law and with the terms of any third-party platform used in the project
The client remains responsible for the lawfulness of the purpose for which a system we build is used.
6 Third-party platforms
Some deliverables depend on platforms operated by third parties, including the WhatsApp Business Platform, cloud hosting providers and payment gateways.
- Those platforms are governed by their own terms and policies, which the client accepts directly
- Accounts, numbers, tokens and credentials on those platforms belong to the client unless expressly agreed otherwise in writing
- We are not responsible for a third party changing its pricing, features, policies or availability, or for a third party suspending, restricting or terminating a client's account
- Where such a change affects an agreed deliverable, we will notify the client and agree a revised approach, which may affect fees and timelines
7 Intellectual property
- Custom code and deliverables we create specifically for a client transfer to the client on full payment of all applicable fees, unless the applicable agreement says otherwise
- We retain ownership of our pre-existing tools, libraries, frameworks, templates and know-how, and grant the client a perpetual, non-exclusive licence to use these as embedded in the deliverables
- Third-party and open-source components remain subject to their own licences
- The client retains ownership of content, data and materials it supplies to us
- Unless the client asks us in writing not to, we may describe the engagement in general terms in our portfolio and marketing
8 Data protection
Where we process personal data on a client's behalf, we act as a data processor and the client acts as the data controller. Our handling of personal data is described in our Privacy Policy at https://devleka.com/privacy. For engagements involving personal data, the parties may enter into a separate data processing agreement.
9 Confidentiality
Each party will keep the other's confidential information in confidence, use it only for the purposes of the engagement, and not disclose it to third parties except to personnel and subcontractors who need it and are bound by equivalent obligations. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.
10 Warranties and disclaimers
We will perform our services with reasonable skill and care, in line with professional standards.
Unless stated in a signed agreement, we do not warrant that software will be free of all defects, that it will be uninterrupted, or that it will meet requirements not documented in the agreed scope. Website content is provided as is, without warranty of any kind.
Where a warranty or support period is agreed, its length and scope are set out in the applicable agreement. Defects reported within that period that are attributable to our work will be corrected at no additional charge. Work outside that scope, including new features and changes caused by third-party updates, is chargeable.
11 Limitation of liability
To the extent permitted by law:
- Neither party is liable for indirect, incidental or consequential loss, including loss of profit, revenue, data, goodwill or anticipated savings
- Our total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by the client to us under that engagement in the 12 months preceding the claim
- Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited by law
12 Termination
Either party may terminate an engagement by giving written notice as set out in the applicable agreement, or where none is stated, 30 days' written notice.
Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.
On termination, the client pays for all work performed and costs committed up to the termination date. Clauses concerning confidentiality, intellectual property, data protection and liability survive termination.
13 Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government action, power or internet failure, and third-party platform outages.
14 Changes to these terms
We may update these terms from time to time. The current version is published at https://devleka.com/terms with the date of the last update shown at the top. Changes do not affect engagements already agreed in writing.
15 Governing law
These terms are governed by the laws of the Federal Republic of Nigeria. The parties submit to the exclusive jurisdiction of the courts of Lagos State, and will attempt in good faith to resolve any dispute through negotiation before commencing proceedings.