Terms And Conditions

Terms And Conditions

This Service Agreement (“Agreement”) shall apply and govern the Statement of Work(s), project, letter of intent or any other document (“SOW”) executed between Softech Business Services Limited and Customer, for the purpose of providing professional services (“Services”) or deliverables (“Deliverable”) for software development and consulting.

  1. Softech Business Services will design and build according to your needs, the above are just examples of the available packages. Each package has its own features and facilities.
  2. Customer can choose any of the project but must stick to that project once agreed upon as any changes to the project during its development lifecycle may incur additional charges. All project agreement must be documented prior to project commencement.
  3. Customer must provide written project specification.
  4. Customer must provide detailed explanation for all open ended, top level specifications.
  5. Customer will have seven (7) days following receipt of the Services or Deliverable (“Acceptance Period”), to complete acceptance tests as per acceptance criteria agreed in the SOW (“Acceptance Criteria”). If no notice of non-conformance to Acceptance Criteria is reported during Acceptance Period, Deliverables or Services are deemed accepted by the Customer.
  6. The quoted price may not include Sales Tax / VAT. If applicable, tax amount will need be paid in addition to the prices quoted.
  7. Customer will be liable to make advance payments in stages. First instalment (15% of the agreed project cost ) will need to be paid as an advance payment before project commencement, Second installment (50% of the agreed cost) will need to be paid on completion of the first phase and before the second phase of the project and Third installment (25% of the agreed project cost) will need to be paid on completion of the second phase and before the third phase of the project. The remaining 10% of the agreed project price will then need to be paid on deployment.
  8. Payment will be made by customer upon receipt or on the due date of an invoice. In the event of a delay in payment for more than 5 days from the due date, the Customer shall be liable to pay a monthly late payment surcharge of 1.5% of the invoice amount or maximum permitted by applicable law, whichever is less, on the delayed payments from the due date of invoice.
  9. Customer shall own all right, title and interest in and to the Deliverables. The rights, title and interest in and to the Deliverables shall be granted to the Customer only upon receipt of full payment by the Consultant.
  10. The Software / hardware provided by Softech Business Services Limited remains the property of Softech Business Services Limited until its fully paid for.
  11. Contractor’s relationship with Company is that of an independent contractor, and nothing in this Agreement will be construed to create a partnership, joint venture, agency, or employer-employee relationship.
  12. Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Softech Business Services Limited shall be subject to correction without any liability on the part of Softech Business Services Limited.
  13. Customer may opt to modify the whole module, or add a new module or to replace the functionality with an alternate module, however in all such events Softech Business Services Limited reserves the right to reanalyze the total cost and the customer will be liable to pay any such additional costs (if any).
  14. The customer must not amend / modify during the development cycle of the project. Customer will be liable to pay additional cost in cases when changes to project will result in structural changes or additional services to the initially agreed project.
  15. Customer must not cancel the project after project commencement. In event when customer decides to cancel their already payments will be forfeited. Customer will be liable to pay a minimum of 50% of the total project cost plus taxes upon cancellation. All cancellation invoices shall be paid upon receipt and payment delay may incur late payment charges.
  16. Softech Business Services Limited can provide ongoing maintenance and support at our published prices. Our ongoing maintenance and support include a collaboration of 10 hours per month. The amount of unused support hours cannot be rolled over to next month.
  17. Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 15 days of such disclosure.
  18. Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the Receiving Party from a third party, without breach of this Agreement; (iii) was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) independently developed by the Receiving Party without use of Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any order or requirement from court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party, or otherwise agreed in writing.
  19. Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
  20. Either party may terminate the Agreement upon sixty (60) days’ notice to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remain uncured for 30 days from the date of receipt of notice. In case of termination, the Consultant shall be paid for the Services provided on a pro-rata basis.
  21. Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, act of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.
  22. Consultant may subcontract the services to any of its affiliates.
  23. The terms of this Agreement shall be governed, interpreted and construed in accordance with the laws of Pakistan, laws of England & Wales if the Customer is located in Europe. All disputes, differences, claims and demands arising under or pursuant to this Agreement shall be referred to arbitration and shall be adjudicated in accordance with the rules of Chamber of Commerce (I.C.C) in English language in London, England if the Customer is located in Europe; in Islamabad, Pakistan if the Customer is in Pakistan.
  24. The terms of this Agreement shall be governed, interpreted and construed in accordance with the laws of England & Wales if the Customer is located in Europe or Laws of Pakistan if the customer is located in Pakistan. All disputes, differences, claims and demands arising under or pursuant to this Agreement shall be referred to arbitration and shall be adjudicated in accordance with the rules of I Chamber of Commerce (C.C) in English language in London, England if the Customer is located in Europe; in Islamabad, Pakistan if the Customer is in Pakistan