Terms And Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern all engagements between Siwtech SMC-Private Limited (“Siwtech,” “we,” “our,” or “us”) and any individual or entity (“Client,” “you,” or “your”) using our website, services, or products.
By accessing our website, making payment, or engaging us for services, you agree to these Terms in full.
If you do not accept these Terms, you must immediately discontinue use of all Siwtech services.

Siwtech reserves the right to modify, update, or amend these Terms at any time without prior notice. Continued use of our services constitutes acceptance of any changes.

2. Payment and Financial Policy
2.1 Official Payment Declaration

All payments for Siwtech services must be made exclusively to the official Siwtech SMC-Private Limited business account under the registered company title.

Payments made to any personal, freelance, or third-party account (including those of employees, agents, or contractors) shall be considered freelance transactions and not official Siwtech business transactions.

In such cases:

Siwtech will not issue any official company invoice or receipt.

The payment will not be recorded as company revenue or taxable sale.

Siwtech will not be liable for any sales tax, government audit, or legal claims related to that payment.

Siwtech reserves the right to present transaction evidence as proof that no taxable or registered sale occurred under its entity.

Clients who wish to include the payment in their own audit or tax filing must request an official tax invoice directly from Siwtech.
Failure to obtain such an invoice nullifies any claim that Siwtech collected or withheld tax on behalf of the client.

2.2 General Payment Terms

Payments are accepted via credit card, PayPal, bank transfer, or any officially authorized Siwtech payment channel.

All invoices must be paid in full before project delivery, unless otherwise agreed in writing.

Clients must pay a minimum 50% advance deposit to confirm project initiation.

Remaining payment is due before final handover or website launch.

For digital marketing, advertising, hosting, and domain services, 100% advance payment is mandatory.

If the client delays response or project materials for more than 30 days, the order shall be marked expired, and reactivation will require full repayment.

2.3 Late Payment and Surcharge

Late payments are subject to a PKR 500 per day surcharge from the invoice due date.
Persistent non-payment beyond 10 days grants Siwtech the right to:

• Suspend or terminate services;
• Withhold access to files or hosting;
• Retain partial or full advance payments as compensation for losses.

2.4 Refund, Cancellation, and Deduction Policy

If a client cancels the project after commencement or fails to approve the final work, Siwtech reserves the right to deduct 20% of the total project value from any advance or full payment received.
This deduction compensates for resources, operational time, and administrative costs incurred by Siwtech.

If a project has reached 50% or more completion, no refund shall be issued under any circumstances.

All approved refunds (if applicable) will be processed within 15 business days after written confirmation from Siwtech’s accounts department.

Any payment disputes, chargebacks, or reversals initiated by the client without valid cause shall be treated as fraudulent activity and may lead to legal and financial action.

2.5 Currency and Taxes

All payments shall be made in USD, unless otherwise agreed.
Clients are responsible for all applicable VAT, GST, sales tax, or other levies within their jurisdiction.
Siwtech will not be held responsible for collecting, remitting, or reporting any taxes on behalf of the client unless explicitly stated in a written agreement.

3. Project Terms and Client Responsibilities
3.1 Timely Response and Communication

Clients must cooperate with Siwtech by providing timely responses, materials, and approvals.
If the client fails to respond within 24 hours to completion notices, the project shall be deemed approved and finalized, releasing Siwtech from further obligations.

3.2 Client Interference and Data Responsibility

Clients are strictly prohibited from modifying, editing, or accessing project files, servers, or systems during active development.
Any unauthorized interference voids all warranties and transfers full responsibility for any resulting damage, data loss, or malfunction to the client.

3.3 File Retention and Backup

Siwtech will retain backup copies of completed projects for 30 days post-delivery. After that period, Siwtech is not obligated to store or retrieve any data unless a maintenance contract exists.

4. Ownership, Rights, and Usage

Upon full payment, the client will receive the final deliverables as outlined in the project agreement.
Siwtech retains ownership of all intellectual property, code, and creative assets until payment is made in full.
Siwtech reserves the right to reuse non-confidential frameworks, templates, or development assets in future projects.

5. Confidentiality and Data Protection

Both parties agree to maintain strict confidentiality regarding proprietary information, project data, and client communications.
Siwtech will not disclose or sell any client data to third parties without written consent.
However, Siwtech reserves the right to share relevant project information internally or with trusted subcontractors bound by confidentiality agreements.

Any breach of confidentiality by the client—such as public disclosure, unauthorized distribution, or use of Siwtech’s internal materials—shall result in immediate termination and potential legal action for damages.

6. Limitation of Liability

To the maximum extent permitted by law, Siwtech SMC-Private Limited shall not be liable for:

• Any indirect, incidental, or consequential damages;
• Loss of data, profits, revenue, or business opportunity;
• Project delays caused by client inaction, third-party dependencies, or external events;
• Issues arising after project delivery or client-side modifications.

Siwtech’s total liability for any claim shall not exceed the total amount paid for the specific service in dispute.

7. Indemnification

You agree to indemnify, defend, and hold harmless Siwtech, its directors, employees, and affiliates against any claims, losses, damages, or expenses resulting from:

• Breach of these Terms;
• Misuse of Siwtech’s services or materials;
• Violation of laws, contracts, or third-party rights.

8. Force Majeure

Siwtech shall not be held responsible for delays, non-performance, or damages caused by events beyond its reasonable control, including but not limited to:
natural disasters, cyberattacks, power outages, network failures, civil unrest, government restrictions, or pandemics.
In such cases, deadlines may be reasonably extended or obligations temporarily suspended without liability.

9. Dispute Resolution

Before initiating any legal proceedings, both parties agree to attempt to resolve disputes through written negotiation or mediation.
If no resolution is reached within 30 days, the matter shall proceed to arbitration or court, under the jurisdiction defined below.
All legal costs incurred by Siwtech due to client negligence or false claims shall be fully recoverable from the client.

10. Portfolio and Marketing Rights

Unless otherwise agreed in writing, Siwtech reserves the right to:

• Display completed projects, designs, and websites in its portfolio, social media, and marketing materials;
• Refer to the client’s brand or company name as part of its professional experience.
  Clients who wish to restrict this use must formally request confidentiality before project completion.

11. Breach and Termination

If the client breaches these Terms, Siwtech may, without prior notice:

• Suspend or terminate ongoing work;
• Block access to servers, code, or accounts;
• Retain payments made as compensation;
• Pursue legal action and claim damages.

All intellectual property, files, or deliverables will remain the property of Siwtech until all dues are cleared in full.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Pakistan and the United States of America.
All disputes shall fall under the exclusive jurisdiction of the courts of Pakistan and the USA, depending on the contracting party’s location.

13. Right to Cancel Orders

Siwtech SMC-Private Limited reserves the unconditional right to cancel or refuse any order or project, without prior notice, in cases of:

• Client breach or violation of terms;
• Non-payment or repeated delay;
• Suspicious, fraudulent, or unethical activity;
• Unlawful or harmful project content.

Any refund (if applicable) will be made after deducting all operational and resource costs incurred by Siwtech.

14. Declaration on Tax and Proof of Transaction

If payment is made outside of the official Siwtech business account, the transaction shall be treated as non-commercial and freelance, not an official Siwtech sale.
Siwtech shall not be liable for any tax, government, or audit-related obligations related to such payments.

Clients must request a valid official invoice from Siwtech to reflect any payment in their own audit or sales tax records.
Failure to do so releases Siwtech from any financial or legal responsibility regarding such claims.