Terms and Conditions

Last Updated: 1 August 2026

1. About These Terms

These Terms and Conditions ("Terms") govern access to and use of the Hoslift website at hoslift.com and any Hoslift service for which these Terms are incorporated into an agreement.

Hoslift is the public brand of Hoslift Studio, based at 66/01/B, Uswewa, Tangalle, Sri Lanka. Unless an Applicable Agreement expressly identifies another contracting party, "Hoslift", "Hoslift Studio", "we", "us" and "our" mean Hoslift Studio. "Client", "you" and "your" mean the person or organisation using the Website or entering into an Applicable Agreement with Hoslift.

By using the Website, you agree to the provisions that apply to Website use. A service engagement begins only when an Applicable Agreement has been formed under section 5.

2. Definitions and Agreement Structure

"Applicable Agreement" means the accepted proposal, statement of work ("SOW"), master services agreement ("MSA"), order, service-specific terms, data processing addendum ("DPA") and any written change order that governs a Service.

"Client Materials" means information, content, data, branding, instructions, credentials and other materials supplied by or for the Client.

"Deliverables" means the work product expressly identified as a deliverable in an Applicable Agreement.

"Services" means the professional, digital, technical, hosting, infrastructure, support or related services Hoslift agrees in writing to provide.

"Website" means the Hoslift public website and its content, forms and functionality.

If documents conflict, the following order applies unless a signed document expressly states otherwise: a signed change order; the SOW or order; the MSA; service-specific terms or DPA for their subject matter; these Terms; and a proposal or other incorporated document. Mandatory law always prevails.

3. Eligibility and Authority

You must have legal capacity to use the Website and enter into the relevant transaction. If you act for an organisation, you represent that you are authorised to bind it. The Website and general service information are intended primarily for business users. Nothing in these Terms removes rights that cannot lawfully be excluded, including applicable consumer rights.

4. Website Use

Hoslift grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Website for lawful evaluation and communication with Hoslift.

You must not misuse the Website, interfere with its security or operation, introduce malicious code, scrape or probe it without permission, impersonate another person, submit unlawful or infringing material, or use it in breach of the Acceptable Use Policy. Hoslift may restrict access reasonably necessary to protect the Website, users or third parties.

Website content is general information and is not legal, financial, medical or other regulated professional advice. Service descriptions, indicative timelines and examples are not an offer, guarantee or fixed quotation.

5. Enquiries, Proposals and Contract Formation

An enquiry or form submission is a request for evaluation only. Hoslift may accept or decline it and is not obliged to reserve capacity.

Unless a proposal states otherwise, it expires 14 days after issue. An Applicable Agreement is formed only when all required parties accept the identified terms in writing or by a valid electronic method and any stated deposit or initial payment is received. Electronic communications, approvals and signatures may be used to the extent recognised by applicable law.

No purchase-order term or other Client term changes an Applicable Agreement unless Hoslift expressly accepts it in writing.

6. Services and Delivery

Hoslift will provide the agreed Services with reasonable care and skill. The Applicable Agreement must identify the material scope, Deliverables, exclusions, dependencies, timetable, fees and acceptance criteria.

Dates are estimates unless expressly stated to be fixed. Hoslift will communicate material expected delay. Reasonable changes to personnel, tools or delivery methods are permitted if they do not materially reduce the agreed outcome or protection.

7. Fees, Taxes and Payment

The Applicable Agreement states fees, currency, deposits, milestones, billing dates and applicable taxes. Invoices are payable by the stated due date without set-off except where required by law or agreed in writing.

The Client is responsible for taxes, duties and bank or payment-provider charges imposed on its purchase, other than taxes on Hoslift's net income. Hoslift will disclose material third-party charges before commitment where practicable.

If an undisputed amount is overdue, Hoslift may charge any interest expressly stated in the Applicable Agreement and may suspend affected Services after reasonable written notice. The Client must raise a good-faith invoice dispute promptly, identify the disputed amount and reason, and pay undisputed amounts on time.

Refunds, cancellation charges and service credits are governed by the Refund, Cancellation and Service Credit Policy and the Applicable Agreement.

8. Client Responsibilities

The Client must:

• provide timely, complete and accurate requirements, decisions, approvals, access and dependencies;
• ensure that Client Materials and instructions are lawful and that necessary rights, licences and permissions have been obtained;
• identify regulated, confidential, sensitive or special-category data before it is supplied;
• use an approved secure channel for credentials, secrets and restricted data;
• maintain backups and business-continuity arrangements for systems and data under its control;
• review Deliverables and test them in the intended environment; and
• cooperate reasonably with security, compliance and incident-response requirements.

Hoslift is not responsible for delay or failure caused by a Client dependency to the extent Hoslift could not reasonably avoid or mitigate it. Timelines and fees may be adjusted through change control.

9. Scope Changes

A change to scope, Deliverables, assumptions, integrations, volume, timetable or acceptance criteria must be documented in a written change order or other agreed written record. It should state the effect on fees, timing, responsibilities and risk. Hoslift is not required to begin additional work before the change is accepted.

10. Review, Testing and Acceptance

The Client must review each Deliverable within the review period in the Applicable Agreement and report any reproducible material non-conformity against the written acceptance criteria with reasonable detail.

Hoslift will use reasonable efforts to correct a verified non-conformity within the agreed scope. A Deliverable is accepted when the Client confirms acceptance, uses it in production other than solely for testing, or a fair deemed-acceptance process expressly stated in the Applicable Agreement is completed. Silence alone is not acceptance unless that express process applies. Minor defects that do not prevent material use are handled through the agreed correction or warranty process.

11. Intellectual Property

Each party retains ownership of materials, tools, methods, trademarks, software, templates, know-how and intellectual property it owned or developed independently of the engagement ("Background Materials").

Unless the Applicable Agreement states otherwise, ownership of bespoke Deliverables created specifically for the Client transfers to the Client only after full payment of all amounts due for them. To the extent Hoslift Background Materials are embedded in a paid Deliverable, Hoslift grants the Client a perpetual, worldwide, non-exclusive licence to use those materials as necessary to use that Deliverable for its intended purpose.

Third-party and open-source materials remain subject to their applicable licences. The Client receives no greater rights than those licences permit. The Client grants Hoslift a limited licence to use Client Materials only to provide, secure and support the Services and meet legal obligations.

Hoslift will not publicly identify the Client, use the Client's marks, publish Deliverables or present the engagement as portfolio work without the Client's prior written approval.

12. Confidentiality

Each party must protect the other's non-public information using at least reasonable care, use it only for the engagement, and disclose it only to personnel, contractors and advisers who need it and are bound by appropriate duties.

Confidential information does not include information that the recipient can show was lawfully public, already known without restriction, independently developed, or lawfully received from a third party. A legally required disclosure is permitted after prior notice where lawful and reasonable assistance to seek protection.

On request or termination, each party will return or delete confidential information where reasonably practicable, subject to legal retention, backups and continuing obligations.

13. Data Protection

Each party must comply with data-protection law applicable to its role. Hoslift's Privacy Policy applies when Hoslift determines why and how Personal Data is processed. Where Hoslift processes Personal Data on the Client's documented instructions, the parties will use an appropriate DPA where required.

The Client must not provide Personal Data beyond the agreed necessity or instruct unlawful processing. Each party must implement proportionate security measures and promptly provide reasonable cooperation for rights requests, incidents and regulatory obligations relevant to the Services.

14. AI-Assisted Work

Hoslift may use approved AI-assisted tools for suitable research, drafting, coding, testing, documentation or workflow support in accordance with the AI-Assisted Services and Data Use Notice and any project-specific restrictions.

Hoslift remains responsible for agreed Deliverables and applies human review proportionate to risk. AI output may contain errors or similarities and must not be treated as authoritative without appropriate verification. Client confidential information or Personal Data will not be used to train a general-purpose model without express authorisation and a valid legal basis.

15. Third-Party Services

Domains, hosting platforms, cloud services, APIs, payment providers, software licences and other third-party services are governed by their own terms, privacy practices, technical limits and availability.

Hoslift is responsible for selecting, configuring or managing a third-party service only to the extent expressly included in the Applicable Agreement. Hoslift is not responsible for a provider event outside its reasonable control, but will take the mitigation and support steps it expressly agreed to provide. Material recurring third-party costs require Client approval.

The Client must maintain provider accounts, licences and payment methods allocated to it and follow applicable provider terms. Provider changes may require a reasonable change to scope, fees or timing.

16. Security and Backups

Hoslift uses proportionate administrative, technical and organisational safeguards for systems under its control. No system can be guaranteed completely secure or continuously available.

The Client must promptly notify Hoslift of suspected compromise affecting the Services and must not conduct intrusive security testing without written authorisation. Backup, recovery, uptime and incident-notification commitments apply only where expressly stated in an Applicable Agreement or SLA.

17. Suspension

Hoslift may suspend only the affected Website access or Service where reasonably necessary because of material non-payment, unlawful or abusive use, breach creating material risk, a credible security threat, a provider requirement or a legal obligation.

Where safe and lawful, Hoslift will give reasonable notice and an opportunity to remedy. Suspension does not remove accrued payment obligations. Hoslift will restore the affected Service when the reason for suspension has been resolved and restoration is reasonably practicable.

18. Termination and Exit

Either party may terminate as stated in the Applicable Agreement. If it does not state a termination process, either party may terminate for a material breach not remedied within 14 days after written notice, or immediately where the breach cannot be remedied, continued performance would be unlawful, or insolvency makes performance materially at risk.

On termination, the Client must pay for Services properly performed, accepted or committed up to the effective date, approved non-cancellable third-party costs and any agreed transition work. Hoslift will return any undisputed prepaid amount for unperformed work after lawful deductions.

Subject to payment and applicable terms, Hoslift will provide Deliverables and Client data then due for handover in a reasonably usable format. Continued hosting, migration, restoration or support may be chargeable. Sections intended by their nature to continue—including payment, intellectual property, confidentiality, data protection, liability, dispute and accrued rights—survive termination.

19. Warranties and Disclaimers

Hoslift warrants that it will perform Services with reasonable care and skill and that, to its knowledge, it has authority to provide rights expressly granted by the Applicable Agreement.

Except for express warranties and rights that cannot lawfully be excluded, the Website and Services are provided on an "as available" basis. Hoslift does not guarantee rankings, traffic, sales, revenue, funding, adoption, regulatory approval, uninterrupted operation, complete security, compatibility with every third-party change or any other outcome outside the agreed acceptance criteria.

The Client is responsible for final business decisions, lawful use, production approval and specialist review where a Deliverable is used in a regulated, safety-critical or high-impact context.

20. Indemnities

The Client will indemnify Hoslift against a third-party claim to the extent caused by Client Materials, Client instructions or the Client's unlawful use of a Deliverable, provided Hoslift promptly notifies the Client, allows reasonable control of the defence and settlement, and provides reasonable cooperation. This obligation does not apply to the extent the claim was caused by Hoslift's breach, negligence or unauthorised modification.

Any Hoslift intellectual-property indemnity applies only if expressly stated in an Applicable Agreement. Neither party may settle a claim in a way that admits fault by, or imposes non-monetary obligations on, the other without prior written consent.

21. Limitation of Liability

Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, breach of confidentiality or data-protection obligations to the extent a limit is prohibited by law, unpaid fees, or any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, opportunity or data, except to the extent such loss is a direct and reasonably foreseeable result of the breach and cannot lawfully be excluded.

Subject to the first paragraph, each party's total aggregate liability arising from an Applicable Agreement is limited to the total fees paid or payable to Hoslift under that Applicable Agreement during the 12 months immediately preceding the event giving rise to the claim. If the engagement lasted less than 12 months, the cap is the total fees paid or payable under it.

The exclusions and cap apply in contract, tort (including negligence), breach of statutory duty and any other legal theory, but do not reduce an express service credit, refund or indemnity to the extent the Applicable Agreement expressly treats it separately. Each party must take reasonable steps to mitigate loss.

For Website use where no paid Applicable Agreement exists, Hoslift's liability is limited to direct loss proven to have resulted from Hoslift's breach, subject always to mandatory law.

22. Force Majeure

Neither party is liable for delay or failure, other than payment for work already performed, caused by an event beyond its reasonable control. The affected party must promptly notify the other, take reasonable steps to mitigate the effect and resume performance when practicable. If a material force-majeure event continues for more than 30 days, either party may terminate the affected unperformed Services on written notice unless the Applicable Agreement states another period.

23. Notices

Operational communications may use the project channels agreed by the parties. A formal legal notice must be in writing and delivered by email or physical delivery to the contact stated in the Applicable Agreement. If no address is stated for Hoslift, notice may be submitted through the Contact page and sent by registered post or recognised courier to:

Hoslift Studio
66/01/B, Uswewa
Tangalle, Sri Lanka

A notice is treated as received when delivery is confirmed, subject to applicable law. This section does not govern service of court proceedings where law requires another method.

24. Governing Law and Disputes

These Terms and any non-contractual obligation arising from them are governed by the laws of Sri Lanka unless the Applicable Agreement validly chooses another law.

The parties must first attempt in good faith to resolve a dispute through written notice and authorised representatives. If it is not resolved within 30 days, the courts of Sri Lanka have exclusive jurisdiction unless the Applicable Agreement provides a valid alternative dispute mechanism. This does not prevent either party from seeking urgent interim relief or exercising a mandatory statutory right.

25. General Provisions

Neither party may assign an Applicable Agreement without the other's prior written consent, not to be unreasonably withheld, except to a successor in connection with a genuine reorganisation or transfer of substantially all relevant business assets, provided obligations are assumed in writing.

Hoslift may use suitably qualified subcontractors and remains responsible for obligations it has undertaken. Data-processing subcontractors are handled under the Privacy Policy and any DPA.

Failure or delay to enforce a right is not a waiver. If a provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions continue. The parties are independent contractors; no partnership, employment, agency or fiduciary relationship is created. No third party has a right to enforce these Terms unless an Applicable Agreement expressly provides otherwise.

An Applicable Agreement constitutes the entire agreement about its subject and replaces earlier proposals, discussions and representations, except for fraud and terms expressly preserved. Amendments to signed work must follow its written change process.

26. Changes and Contact

Hoslift may update the Website-use provisions prospectively by publishing a revised version and effective date. A material change does not alter an existing Applicable Agreement unless accepted through its change mechanism or otherwise permitted by law.

Questions about these Terms may be submitted through the Contact page.