Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) apply to your use of this website and to our services. “EMTEK”, “we” and “us” refer to EMTEK, and “you” refers to the person or organisation using the website or engaging us.

By using this website you agree to these Terms. Where we provide services to you under a written proposal, order form or agreement, that document applies to those services and prevails over these Terms if the two conflict.

2. Services Description

EMTEK provides ERP implementation and customisation, custom software and application development, system integration, and managed IT services including cloud, security, network and support services.

Descriptions on this website are general information and are not an offer. The scope, deliverables, timeline and fees for any engagement are set out in a written proposal or agreement. Some products may be offered in early access or pre-release form, and their features may change before general release.

3. User Responsibilities

When using the website or engaging us, you agree to:

• give accurate and complete information
• give us timely access, decisions and feedback that we reasonably need to deliver the services
• hold the rights and licences needed for any data, content or third-party software you ask us to work with
• keep your account credentials and access details secure
• use the website lawfully, and not attempt to gain unauthorised access, introduce malicious code or disrupt the website

Unless a managed backup service is included in your agreement, you remain responsible for keeping backups of your own data.

4. Intellectual Property

The content of this website, including text, graphics, logos, design and code, belongs to EMTEK or its licensors and may not be copied or reused without our written permission.

Unless your agreement says otherwise, once you have paid in full you own the bespoke deliverables we create specifically for you. EMTEK keeps ownership of its pre-existing tools, frameworks, libraries and know-how, and gives you a licence to use them as part of the deliverables. Third-party and open-source components remain subject to their own licences. Software products we license, such as Cortex ERP, are licensed and not sold, under the licence terms that come with them.

5. Payment Terms

Where fees apply, they are set out in the proposal, agreement or invoice, together with the currency and payment schedule. Unless stated otherwise:

• taxes are not included in quoted fees
• invoices are payable by the due date shown on the invoice
• third-party costs such as licences and hosting are charged only where agreed
• we may pause work on an engagement while an undisputed invoice is overdue

If you dispute an invoice, tell us promptly and in good faith and pay any part that is not disputed. Subscription services continue and renew as described in your agreement.

6. Limitation of Liability

To the extent permitted by law, EMTEK is not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, data or goodwill, arising from your use of the website or our services. Nothing in these Terms limits liability that cannot be limited by law.

7. Disclaimer of Warranties

This website is provided “as is” and “as available”. We do not guarantee that it will be uninterrupted or error-free, or that the information on it is always complete or current.

We perform our services with reasonable skill and care. We cannot guarantee specific business results, and we are not responsible for third-party products or services, including linked websites.

8. Indemnification

You agree to compensate EMTEK for losses arising from third-party claims that result from your breach of these Terms, your unlawful use of the website or services, or data or content you supplied that infringes a third party’s rights. This does not limit any indemnity we give you in a written agreement.

9. Termination

Either party may end an engagement as set out in the applicable agreement or, if it does not say, by written notice. We may suspend or end access to the website for breach of these Terms or for misuse.

When an engagement ends, fees for work already performed and for costs already committed remain payable. On request, and subject to legal requirements, we will return or delete your data. Provisions that by their nature should continue, such as those on intellectual property, payment, liability and governing law, remain in effect.

10. Governing Law

These Terms are governed by the laws of Sri Lanka. If a dispute arises, both parties will first try to resolve it through good-faith discussion. If it cannot be resolved that way, the courts of Sri Lanka have jurisdiction.

11. Changes to Terms

We may update these Terms from time to time. The latest version is always on this page with its “Last updated” date. Continued use of the website after a change means you accept the updated Terms. Changes do not alter the terms of an existing written agreement unless both parties agree.

12. Contact Information

For questions about these Terms, contact: