Muzaffarabad AK1. Agreement to Terms
By accessing or using the services provided by Atifiy ("we," "us," or "our"), you ("you" or "Client") agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Atifiy. If you do not agree to these Terms, you may not access or use our services.
2. Services Provided
Atifiy offers the following services (collectively, the "Services"):
- Web Development: Design, development, and deployment of websites and web applications.
- Android & iOS Development: Design, development, and deployment of mobile applications for Android and iOS platforms.
- Graphics & UI/UX Designing: Creation of visual designs, user interface elements, and user experience strategies for websites and applications.
- Website SEO (Search Engine Optimization): Implementation of strategies to improve the visibility and ranking of websites in search engine results.
- Website Maintenance: Ongoing support, updates, security monitoring, and technical assistance for websites.
Specific details and scope of the Services will be outlined in individual project proposals or agreements.
3. Client Obligations
You agree to:
- Provide us with all necessary information, materials, and access required for us to provide the Services.
- Ensure the accuracy and completeness of all information and materials provided to us.
- Respond promptly to our requests for information, feedback, and approvals.
- Obtain all necessary rights, licenses, and permissions for any content or materials you provide to us for use in the Services.
- Adhere to the payment terms outlined in the applicable project proposal or agreement.
4. Payment Terms
- Fees for our Services will be as outlined in the individual project proposal or agreement.
- Payment schedules and methods will be specified in the project proposal or agreement.
- Unless otherwise stated, all fees are exclusive of applicable taxes.
- Late payments may be subject to interest charges as specified in the project proposal or agreement or as permitted by law.
- We reserve the right to suspend or terminate Services in the event of overdue payments.
5. Intellectual Property
- Client Content: You retain ownership of all original content and materials you provide to us. You grant Atifiy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Services.
- Atifiy Intellectual Property: Unless otherwise agreed in writing, Atifiy retains ownership of all pre-existing intellectual property, development tools, methodologies, and code libraries used in providing the Services.
- Deliverables: Upon full payment, you will typically own the final deliverables as specified in the project proposal or agreement (e.g., the final website design, the developed application). However, Atifiy may retain ownership of certain underlying code, templates, or design elements used in the creation of the deliverables. Specific intellectual property transfer terms will be outlined in the project proposal or agreement.
6. Confidentiality
Both parties agree to hold each other's confidential information in strict confidence and not to disclose it to any third party without the other party's written consent, except as required by law. Confidential information includes, but is not limited to, business plans, financial information, client data, and project details. This obligation of confidentiality will survive the termination of this agreement.
7. Warranties and Disclaimers
- Atifiy warrants that the Services will be performed in a professional and workmanlike manner consistent with industry standards.
- EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- ATIFIY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- FOR WEBSITE SEO SERVICES, ATIFIY DOES NOT GUARANTEE SPECIFIC SEARCH ENGINE RANKINGS OR TRAFFIC LEVELS, AS THESE ARE SUBJECT TO FACTORS BEYOND OUR CONTROL.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATIFIY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ATIFIY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ATIFIY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ATIFIY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Atifiy, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your breach of these Terms.
- Your use of the Services.
- Any content or materials you provide to us that infringe upon the intellectual property rights or other rights of any third party.
- Your violation of any applicable laws or regulations.
10. Termination
- Either party may terminate a project agreement upon written notice if the other party materially breaches these Terms or the project agreement and fails to cure such breach within a specified period (typically 30 days) after receiving written notice.
- Atifiy may terminate a project agreement immediately upon written notice if you become insolvent, file for bankruptcy, or are subject to similar proceedings.
- Upon termination, you shall pay Atifiy for all Services performed and expenses incurred up to the date of termination. Any non-refundable deposits paid shall not be returned.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Insert Your State/Country], without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be exclusively resolved in the state or federal courts located in [Insert Your City/State/Country]. Both parties consent to the exclusive jurisdiction and venue of such courts.
12. Entire Agreement
These Terms, together with any applicable project proposals or agreements, constitute the entire agreement between you and Atifiy with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Amendments
Atifiy reserves the right to modify these Terms at any time. We will provide notice of any material changes to these Terms. Your continued use of the Services after such notice constitutes your acceptance of the revised Terms.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Muzaffarabad AK, Pakistan
Last Updated: 9 Apr 2024
