In using any Skyward Industries or affiliated divisions Service, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Skyward Service and accepting the Company’s terms and conditions. “The Company”, “SWI”, “Skyward”, “Skyward Industries”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Fijian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy and data. Authorized employees within the company on a need to know basis only use any information or virtual data collected from individual customers or their project(s). We constantly review our systems and data to ensure the best possible service to our customers.
Client records, files and technical outputs are regarded as confidential and therefore will not be divulged to any third party, other than those authorized by either the client, relevant Skyward divisions and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. Skyward Industries and its affiliated departments, divisions, companies and subsidiaries consist of various confidential information, processes, equipment, software and intellectual property. As such, by using a Skyward Service you agree that all procedures, processes, software, hardware, company information, branding material, monetary figures and values provided or conveyed to you in any form or way is strictly confidential and not to be shared, forwarded, re-created or reverse engineered for any purpose without written permission of Skyward Industries Directors.
Exclusions and Limitations
The information through any Skyward Service is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this Skyward Service and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Skyward Service and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this Skyward Service. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages.
Cash or Personal / Corporate Cheque and Bank / Wire Transfers are all acceptable methods of payment. Our Terms are payment in full or minimum 50% deposit with remaining payment within 7 days from completion. All goods or deliverables remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% per month above the prevailing Reserve Bank of Fiji’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or other private or legal avenues in the event that the outstanding balance does not exceed Fj$3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned cheques will incur an Fj$50 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 48 hours’ notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy up to an Fj$100 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and SWI have the right to terminate any Services Agreement, including the ending of services that are already underway should either party delay providing information, support, service or other reasonable forms of promise/intent, given it does not breach any existing contracts. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. From time to time, weather can pose delays or cancellations for various Skyward Services. The client thus understands and accepts that weather can pose delays beyond promised commitments whether verbal, written or through contract for which the client shall not seek remedies, discounts, or cancellations and Skyward will not be held liable for any results, losses or damages of such delays. Skyward reserves the right to determine the definition of suitable weather for its operations and shall to the best of its abilities convey these definitions/limitations to the client when requested. Skyward charges a 10% downtime fee of total invoice while onsite in the event weather grounds any SWI operations.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this Skyward Service
You may not create a link to any page of this Skyward Service without our prior written consent other than for informational purposes. If you do create a link to a page of this Skyward Service you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Skyward Service by linking to it. Skyward reserves the right to ask any individual, company website or alike to remove a link pointed to any skyward page, directory or affiliated third party.