Terms of Service

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Website or engage our services. By agreeing to these Terms, you represent that you meet these requirements. If you are using the Website or services on behalf of a company or other entity, you represent that you have authority to bind that entity, in which case “you” refers to that entity.

2. Use of the Website

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes:

• Engaging in any unlawful, fraudulent, or malicious activity.
• Attempting to gain unauthorized access to any portion of the Website, other accounts, or computer systems.
• Probing, scanning, or testing the vulnerability of the Website or breaching security measures.
• Uploading or transmitting viruses, malware, or any other harmful code.
• Spamming, phishing, scraping, or harvesting data without our written consent.
• Impersonating Peak Mind Digital, our employees, or any other party.
• Interfering with or disrupting the Website or the servers or networks connected to it.

3. Accounts

Certain features may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update it to keep it accurate. You are responsible for safeguarding your password and for any activity that occurs under your account. Notify us immediately of any unauthorized use of your account.

4. Services and Engagements

Peak Mind Digital provides digital services including but not limited to web development, mobile app development, custom software, UI/UX design, digital marketing, SEO, video production, and social media management (“Services”). The specific scope, deliverables, timeline, fees, and payment terms for any engagement are defined in a separate written agreement, statement of work (SOW), or proposal signed by both parties. In the event of a conflict between these Terms and a signed SOW, the SOW controls.

4.1 Proposals and Quotes

Quotes and proposals are valid for 30 days from issuance unless otherwise stated in writing. We reserve the right to revise pricing if project requirements, scope, or timelines change after acceptance.

4.2 Client Responsibilities

You agree to provide timely feedback, approvals, content, branding assets, access to systems, and any other materials required for us to deliver the Services. Delays caused by missing inputs may push back timelines and incur additional fees.

4.3 Revisions

Each project includes a defined number of revision rounds as specified in the SOW. Additional revisions beyond the included rounds are billed at our standard hourly or fixed rates.

5. Fees, Payment, and Taxes

• Fees: Fees are stated in the applicable SOW or invoice and are exclusive of taxes unless stated otherwise.
• Invoicing: We typically invoice a deposit (commonly 30–50%) before work begins, with the balance invoiced on milestones or completion.
• Payment terms: Invoices are due within 7–15 days of issue unless otherwise agreed in writing. Late payments may accrue interest at 1.5% per month or the maximum allowed by law.
• Suspension: We may pause work on overdue accounts until payment is received.
• Taxes: You are responsible for any applicable sales, value-added (VAT), or withholding taxes, except for taxes on our net income.

6. Intellectual Property

6.1 Our IP

The Website, its design, graphics, code, copy, trademarks, and all related content are owned by Peak Mind Digital or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works without our express written consent.

6.2 Client Deliverables

Upon full payment of all fees, ownership of final deliverables specified in the SOW transfers to you, excluding any third-party components, our pre-existing tools, frameworks, and know-how, which are licensed to you on a non-exclusive, perpetual basis solely as embedded in the deliverables. We retain the right to display work produced for you in our portfolio and case studies unless otherwise agreed in writing.

6.3 Client Content

You retain ownership of all content, trademarks, and materials you provide to us (“Client Content”). You grant us a non-exclusive, royalty-free license to use, reproduce, and modify Client Content as necessary to deliver the Services. You represent that you have all rights needed to provide Client Content and that it does not infringe any third-party rights.

6.4 Feedback

Any feedback, suggestions, or ideas you provide may be used by us freely and without obligation.

7. Confidentiality

Each party agrees to protect the other’s confidential information using the same degree of care it uses to protect its own confidential information of like importance, and in no event less than reasonable care. Confidential information includes business plans, financials, customer lists, technical specifications, and any information marked or reasonably understood to be confidential. This obligation survives termination of these Terms for 3 years.

8. Third-Party Services and Open Source

Our Services may integrate with third-party platforms, APIs, and open-source software. We are not responsible for the availability, accuracy, or performance of third-party services, nor for any changes they make that affect your use of our deliverables. Open-source components are governed by their respective licenses.

9. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED IN A SIGNED SOW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK MIND DIGITAL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR NPR 100,000, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Peak Mind Digital from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (a) your breach of these Terms, (b) your use of the Services, (c) Client Content you provide, or (d) your violation of any law or third-party right.

12. Termination

We may terminate or suspend your access to the Website at any time, with or without cause, with reasonable notice where practicable. Either party may terminate an engagement under the conditions specified in the applicable SOW. Upon termination:

• You will pay for all Services rendered and expenses incurred up to the termination date.
• We will deliver any completed work and work-in-progress for which you have paid.
• Sections that by their nature should survive (including payment, IP, confidentiality, disclaimers, limitation of liability, and dispute resolution) will survive termination.

13. Refund Policy

Deposits are non-refundable once work has commenced. For work not yet started, deposits may be refunded at our discretion, less any non-recoverable costs incurred. Refunds are not provided for completed milestones. If a dispute arises, both parties agree to first attempt resolution in good faith before pursuing formal remedies.

14. Force Majeure

Neither party will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including natural disasters, pandemics, government actions, war, terrorism, internet or utility failures, or labor disputes. The affected party will notify the other promptly and use reasonable efforts to mitigate the impact.

15. Dispute Resolution and Governing Law

These Terms are governed by the laws of Nepal, without regard to conflict-of-laws principles. The parties will first attempt to resolve any dispute through good-faith negotiation. If unresolved within 30 days, disputes will be submitted to the exclusive jurisdiction of the courts located in Kathmandu, Nepal. Nothing in this section limits either party’s right to seek injunctive relief to protect its intellectual property or confidential information.

16. Modifications to These Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revisions. Material changes will be communicated through the Website or by email where appropriate. Continued use of the Website or Services after changes constitutes acceptance of the revised Terms.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

18. Entire Agreement

These Terms, together with any signed SOW and our Privacy Policy, constitute the entire agreement between you and Peak Mind Digital regarding the Website and Services, and supersede all prior or contemporaneous communications on the same subject matter.

19. Contact

Questions about these Terms can be sent to: