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    Terms of Service

    Terms and conditions for using our services

    Welcome to Wolkk. These Terms of Service govern your use of our website and services provided by PT. WOLKK CLOUD DEVELOPMENT. By accessing or using our services, you agree to be bound by these terms.

    1. Definitions

    • "Company," "we," "us," or "our" refers to PT. WOLKK CLOUD DEVELOPMENT.
    • "Client," "you," or "your" refers to the individual or entity using our services.
    • "Services" refers to the software development, team augmentation, and related services we provide.
    • "Website" refers to www.wolkk.com and all associated subdomains.

    2. Services

    2.1 Description of Services

    Wolkk provides software development services including but not limited to:

    • Dedicated development teams
    • Hybrid team solutions
    • Agile software development
    • Vibe coding support
    • Technical consulting and advisory

    2.2 Service Agreements

    Specific services are governed by separate service agreements or statements of work (SOW) that define the scope, deliverables, timeline, and pricing. In case of conflict between these Terms and a specific service agreement, the service agreement shall prevail.

    3. Client Obligations

    As a client, you agree to:

    • Provide accurate and complete information required for service delivery
    • Respond to communications and requests in a timely manner
    • Make payments according to agreed terms
    • Provide necessary access to systems and resources as required
    • Review and provide feedback on deliverables within agreed timeframes
    • Comply with all applicable laws and regulations

    4. Intellectual Property

    4.1 Client Materials

    You retain all rights to materials, data, and intellectual property you provide to us. You grant us a limited license to use these materials solely for the purpose of providing the agreed services.

    4.2 Deliverables

    Upon full payment, intellectual property rights to custom deliverables created specifically for you will transfer to you, unless otherwise specified in the service agreement.

    4.3 Pre-existing Materials

    We retain all rights to our pre-existing tools, frameworks, methodologies, and materials. Where such materials are incorporated into deliverables, we grant you a non-exclusive, perpetual license to use them as part of the delivered solution.

    5. Confidentiality

    Both parties agree to maintain the confidentiality of proprietary information shared during the course of our engagement. This includes but is not limited to:

    • Business strategies and plans
    • Technical specifications and source code
    • Financial information
    • Customer and user data

    Confidentiality obligations survive the termination of any service agreement for a period of three (3) years.

    6. Payment Terms

    6.1 Fees

    Fees for services will be specified in the applicable service agreement or statement of work. All fees are quoted in the currency specified and are exclusive of applicable taxes unless otherwise stated.

    6.2 Payment Schedule

    Payment terms are as specified in the service agreement. Unless otherwise agreed, invoices are due within thirty (30) days of the invoice date.

    6.3 Late Payments

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

    7. Warranties and Disclaimers

    7.1 Service Warranty

    We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

    7.2 Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    8. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

    WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

    9. Termination

    9.1 Termination for Convenience

    Either party may terminate a service engagement with thirty (30) days written notice, subject to payment for work completed.

    9.2 Termination for Cause

    Either party may terminate immediately if the other party materially breaches these terms and fails to cure such breach within fifteen (15) days of written notice.

    9.3 Effect of Termination

    Upon termination, you shall pay for all services rendered up to the termination date. Provisions regarding confidentiality, intellectual property, limitation of liability, and governing law shall survive termination.

    10. Indemnification

    You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

    • Your breach of these terms
    • Your violation of applicable laws
    • Any third-party claims related to materials you provide

    11. Force Majeure

    Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or infrastructure failures.

    12. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Any disputes arising from these Terms shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Bali, Indonesia.

    13. General Provisions

    13.1 Entire Agreement

    These Terms, together with any applicable service agreements, constitute the entire agreement between the parties regarding the subject matter hereof.

    13.2 Amendments

    We may update these Terms from time to time. We will notify you of significant changes by posting the new Terms on our website with an updated effective date.

    13.3 Severability

    If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

    13.4 Assignment

    You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor entity.

    14. Contact Information

    For questions about these Terms of Service, please contact us at:

    PT. WOLKK CLOUD DEVELOPMENT
    Ruko Blok 5 Jalan Sunset Road 105
    Desa Seminyak, Kec. Kuta
    Kab. Badung, Provinsi Bali
    80361, Indonesia
    Email: info@wolkk.com

    Last updated: December 2024