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User
Agreement
This
website is owned and operated by PakExperts Inc Pakistan.
Visitors to this website are bound by the following terms
and conditions. For the purposes of these terms and
conditions, "this website" refers to www.PakExperts.com,
which links to various other related websites.
Other related websites may
contain terms and conditions which are different from these
terms and conditions. On your journey around the related
websites please check the terms and conditions of each
website, and do not assume that these terms and conditions
apply to all related websites.
Disclaimer
This website may
include links to external websites. When you follow such
links the external website may appear as a full screen (in
which case you will need to use the back button on your
browser to return to this website). These links are provided
in order to help you find relevant websites, information
which may be of interest to you quickly and easily.
The intellectual property
rights, copyright and company trade secrets of PakExperts
(conceived July 1989) vested in all software products,
upgrades, dual-media software, hard-copy or electronic
manuals and documentation are vested in SSW, which reserves
the right to use the software or material, or any part of it
in other applications and for its own use.
Terms &
Conditions
This website
contains material including text, photographs and other
images and sound, which are protected by copyright and/or
other intellectual property rights. All copyright and other
intellectual property rights in this material are either
owned by PakExperts, and have been licensed to them by the
owner of those rights so that it can use this material as
part of this website.
You may:
Access any part of the website;
Print off one copy of any or all of the pages for your own
personal reference.
You may not:
Copy (whether by
printing off onto paper, storing on disk, downloading or in
any other way), distribute (including distributing copies),
broadcast, alter or tamper with in any way or otherwise use
any material contained in the website except as set out
under "You may". These restrictions apply in relation to all
or part of the material on the website;
Remove any copyright, trade mark or other intellectual
property notices contained in the original material from any
material copied or printed off from the website;
Link to this
website:
... without our
express written consent.
If you wish to provide a hypertext or other link to this
website, please contact the website administrator with
details of:
The URL(s)
of the web page(s) from which you are proposing to link to
this website
The URL(s) of the web page(s) on this website to which you
are proposing to link
and we will consider your request. We have the sole
discretion to accept or reject such requests.
Changes In Terms
& Conditions
PakExperts may
change the terms and conditions and disclaimer set out above
from time to time. By browsing this website you are
accepting that you are bound by the current terms and
conditions and disclaimer and so you should check these each
time you revisit the site.
Complaints
If you
have a question or complaint about this website,
please contact the Support
Department
Credit Card Details
PakExperts retains the right to store credit card details on
file.
Deadlines
PayExperts may choose to estimate the completion date of a
project. While we will endeavor to meet all deadlines, we do
not offer any guarantees, and PakExperts is not liable for
losses suffered due to a project being completed after the
estimated completion date.
Equipment
PakExperts is not liable for any equipment failures be it
customer's equipment or equipment on the client site.
Viruses
While PakExperts endeavors to have all its hardware
virus-free, the Client is expected to have current virus
protection, and PakExperts is not liable for any accidental
infection of client hardware.
Cancellations by Client
If any hourly job is cancelled by the client after
commencement, PakExperts will charge for all hours up to
that point in time. If an hourly job is cancelled by the
client, any pre-paid work not fully completed will not be
refunded; however the remaining balance will be credited to
the clients account for future utilization. If any fixed
price job is cancelled by the client, PakExperts will retain
the initial fifty percent of pre-paid value. Any further
hours completed will be charged to the client as a
proportion of the quoted price based on hours completed to
that point in time.
This
contract is governed by the laws of NSW, Australia. The
operation of the postal acceptance rule is expressly
excluded. The terms and conditions contained on this
document supersede any previous terms and conditions.
Limited Liability
In no event shall PakExperts or its suppliers be liable for
any accidental, consequential, incidental or indirect
damages of any kind (including without limitation, damages
for loss of business profits, business interruption, loss of
business information, or other pecuniary loss) arising out
of the use or of the inability to use the software. In no
event shall PakExperts liability for any claims whether in
contract, tort or other theory of liability exceed the
purchase price of the subject products or services, unless
such limitation of liability is otherwise prohibited by law.
Development Work Credit
In the event PakExperts performs web development services,
the Client acknowledges and will ensure that: (a) PakExperts
receives a permanent credit on the Site (including, without
limitation, any alteration, modification or subsequent use
of the Site) which acknowledges PakExperts as the developer
of the Site; Unless otherwise agreed in writing credit shall
be "Proudly
developed by PakExperts Sydney Web Design"
in a suitable position of each page of the Site. This text
will provide a permanent link to www.PakExperts.com; (b)
PakExperts may claim credit in its own promotional material
for the development of the Site; and (c) the Client will
remove the credit within 24 hours of receiving a notice from
PakExperts to do so. In the event PakExperts performs web or
other software development services, PakExperts reserves the
right to develop and publish a case study on the work
performed.
Hourly Work
Unless specified otherwise in writing this contract
authorizes PakExperts to undertake work on an hourly-rate
basis. PakExperts may provide an estimated time to complete
this work. Such estimates are not binding and all hours
designated as performed will be charged at the rates set out
or otherwise agreed. In an hourly work agreement, the
initial meeting with the customer will be conducted by
PakExperts at no cost. Any subsequent work will be charged
at the rates set out or otherwise agreed. The minimum time
chargeable for on-site work is 2 (two) hours per person per
visit. The minimum time chargeable for off-site work is 15
(fifteen) minutes per person per request.
Pre-Paid Work
PakExperts may offer a more competitive rate to those
clients pre-paying time in blocks of 40 hours per person on
the project. Pre-paid rates become effective upon the day of
payment. Rates revert to standard if pre-payment is not made
prior to work commencing, or not so made for second or
subsequent prepaid invoices in respect of work past the
previously prepaid work. We recommend that you process
payment within 24 hours of receiving a new invoice to ensure
that the prepaid discount is maintained. Unused prepaid
credit expires 12 months from the date of issue of the
invoice. No refund will be made for unused prepaid credit.
Fixed Price Work
PakExperts may agree to perform certain work or provide a
software product for a fixed price in accordance with an
agreed specification. In this case, the specification is
binding and additional or previously unspecified work will
be to the customer's account. A fifty percent payment is
required prior to commencement, and the balance payable upon
delivery of the software for User Acceptance Testing.
PakExperts conducts all development and testing in an
environment with a default configuration. Delays resulting
in any deployment problems caused by custom software,
hardware or settings on the clients servers are not covered
in a fixed-price contract.
Requests for Work
Work requested by the Client (including employees or
representatives of the Client), in written, electronic, or
verbal form, is authorized by the Client. The Client may
choose to work through a "Company-Champion." If so, the
Client must inform PakExperts of this decision in writing.
Subsequent to this advice the Company Champion has sole
authority to request billable work. All requests that the
company champion is CC'd on are considered authorized.
Uninvited Solicitation
Direct or uninvited solicitation of an PakExperts employee
by the client is prohibited unless authorized in writing by
PakExperts. The client warrants that will the client solicit
the employee, thereby breaching the prohibition, the client
will pay damages to PakExperts of an amount proportionate to
21% +GST of the total remuneration package offered to the
employee plus liquidated damages of 4 (four) weeks pay +GST
of the total remuneration package.
Warranty
A 30 day warranty begins upon delivery of any fixed price
job. No warranty applies to work done on an hourly basis,
this includes bug fixing. PakExperts and its suppliers
disclaim all other warranties, either express or implied,
including, but not limited to implied warranties or
merchantability and fitness for a particular purpose, with
regard to the software, the accompanying written materials,
and any accompanying hardware.
Support Contract
PakExperts offers support contracts.
For more information, see PakExperts website
Bugs
A reproducible coding error that causes an unexpected
defect, fault, flaw, or imperfection in a computer program.
In other words, if any PakExperts software does not perform
as the developers intended, it is most likely a bug. - Any
unspecified feature or modification is not a bug, and will
be reviewed for addition to a future release at the
developer's discretion.
For more information, see
What is/is not a "Bug?"
Source
Code Ownership
The Client is granted a non exclusive, transferable,
perpetual Pakistan right and license to use, deploy and
modify the software within the Client's group of companies
for the Client's own internal purposes. PakExperts reserves
the right to use generic code from other projects as part of
the Client's project. PakExperts reserves the right to use
generic code from the Client's project in future projects.
Some projects contain PakExperts Framework code that is
common to other projects.
Jurisdiction
These terms and
conditions are governed by and to be interpreted in
accordance with relevant Pakistan laws, both substantive and
procedural. In the event of any dispute arising in relation
to these terms and conditions or any dispute arising in
relation to the website whether in contract or tort or
otherwise the Pakistan courts will have exclusive
jurisdiction over such dispute.
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