Terms of Service

Welcome to the website of Karim Akhond ("Company," "we," "our," or "us"). By accessing or using our services, including website design, development, AI solutions, and consulting (collectively, the "Services"), you ("Client," "you," or "your") agree to be bound by these Terms of Service (the "Terms"). Please read them carefully.

1. Introduction & Acceptance of Terms

These Terms constitute a legally binding agreement between you and Karim Akhond governing your use of our Services. By engaging with us, whether through our website, email, or a signed proposal, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

2. Our Commitment & Services

We are dedicated to providing honest communication, professional delivery, and fair treatment throughout our collaboration. Our Services include, but are not limited to:

• Web Design & Development: Creating and building websites and web applications.
• AI & Automation Solutions: Developing and implementing AI-powered tools and automated workflows.
• Technical Consulting: Providing expert advice on technology strategy and implementation.
• Maintenance & Support: Offering ongoing technical support and website maintenance packages.

The specific scope, deliverables, and timeline for your project will be defined in a separate written agreement, statement of work, or project proposal (the "Project Agreement"), which is incorporated into these Terms by reference. In case of any conflict, the Project Agreement will govern over these general Terms.

3. Client Responsibilities

To ensure a successful partnership, you agree to:

• Provide Accurate & Timely Materials: Supply all necessary content, text, images, logos, and other materials ("Client Content") in a timely manner and ensure it is accurate and complete.
• Timely Feedback & Approvals: Respond promptly to requests for feedback, review, or approval to keep the project on schedule.
• Rights to Client Content: Guarantee that you own all necessary rights or have obtained all necessary licenses and permissions for any Client Content you provide, and that it does not infringe on any third-party rights.

4. Project Scope, Changes & Revisions

• Scope Definition: The Project Agreement will clearly define the project's scope, including specific deliverables and the number of revision rounds included.
• Change Requests: Any requests for work outside the defined scope, including additional features, design elements, or revisions beyond the agreed number, will be considered a "Change Request." We will provide a separate estimate for the time and cost associated with the Change Request, which must be agreed upon in writing before the work begins.

5. Fees, Payments & Refund Policy

• Payment Terms: An advance payment, as specified in the Project Agreement or invoice, is required before work commences. This secures your spot in our schedule and allocates dedicated resources to your project.
• Non-Refundable Payments: All payments made are non-refundable. Because we dedicate time and resources based on your project's start, no refunds will be issued once work has begun.
• Final Payment: Full payment of all outstanding fees is required prior to the final delivery of completed work or the transfer of ownership of the final deliverables.
• Late Payments: We reserve the right to suspend work and all related services if any invoice is not paid by the due date.
• Client Cancellation (Non-Eligible Reasons): Refunds will not be issued if the project is canceled due to any of the following reasons:
  • The client no longer requires the project or service after work has commenced.
  • The client chooses to proceed with another provider offering a lower price or alternative solution.
  • The client changes their mind, preferences, or business direction after project initiation.
  • The client fails to provide required information, feedback, or approvals necessary to continue the project.
  If any of the above reasons are substantiated, the client will not be eligible for a refund in accordance with our refund policy.
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6. Delivery & Timelines

All delivery timelines provided are good-faith estimates. On average estimate, we deliever our serrvices in 10-14 business days. We strive to meet all deadlines; however, we are not responsible for delays caused by:

• Client’s failure to provide timely feedback, approvals, or required materials.
• Unforeseen technical challenges or complexities.
• Changes in project scope requested by the Client.
• Events outside our reasonable control (see Force Majeure below).

7. Intellectual Property Rights

• Ownership of Final Work: Upon receipt of full and final payment for a specific project, we hereby assign and transfer to you all rights, title, and interest in the final deliverables created specifically for you and paid for in full (the "Work Product"). You will then own the Work Product.
• Our Retained Rights: Until full payment is received, we retain all rights to the Work Product and all preliminary materials (concepts, wireframes, mockups, code). We also retain the right to reuse any general-purpose code, libraries, or frameworks we developed prior to or independently of your project.
• Portfolio & Attribution: We reserve the right to display and link to completed projects in our portfolio, on our website, and in our marketing materials. If you prefer to keep the project confidential, please let us know in writing before the project commences.

8. Third-Party Services & Tools

Your project may rely on or integrate with third-party services, such as hosting providers (e.g., Netlify, AWS), software libraries, APIs, or payment gateways. We are not responsible for any failures, downtime, data loss, or issues caused by these external services. Your use of any third-party services is subject to their own terms of service and privacy policies.

9. AI & Automation Disclaimer

Our Services may incorporate artificial intelligence (AI) and automation tools. These tools are provided "AS IS" and "AS AVAILABLE." While we aim for reliable and high-quality results, AI-generated outputs can be unpredictable and may contain errors or inaccuracies. You are solely responsible for reviewing, validating, and ensuring the suitability of any AI-generated content before using it. AI tools are intended to support, not replace, your own professional judgment and decision-making.

10. Confidentiality

Both parties agree to keep confidential all non-public information disclosed during the project ("Confidential Information"). This includes project plans, business strategies, technical data, and unpublished materials. This obligation does not apply to information that is publicly known, already in possession of the receiving party, or required to be disclosed by law.

11. Limitation of Liability & Disclaimer of Warranties

• No Warranties: OUR SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KARIM AKHOND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
• Total Liability: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE LIABILITY DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Reasons for termination may include, but are not limited to, abusive or unprofessional conduct, failure to cooperate, or violation of our policies. Upon termination, your right to use the Services will cease immediately, and any outstanding payments will remain due and non-refundable.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, embargoes, internet outages, or government orders.

14. Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall first be sought to be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, either party may initiate formal proceedings.

15. Entire Agreement & Amendments

These Terms, together with any Project Agreement, constitute the entire agreement between you and us regarding our Services and supersede all prior agreements and understandings. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

16. Contact Us

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