Terms & Conditions | Teczon

Terms & Conditions

Application and entire agreement

  • These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by TECZONLABS whose registered office is at Office #10, 2nd Floor Anwar Tower, Lahore, Pakistan, 54000 (we or us) to the person buying the services (you).
  • You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
  • You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • Teczonlabs reserves the right to alter these Terms and Conditions at any time without prior notice.

Interpretation

  • A "business day" means any day other than a Saturday, Sunday or bank holiday in Pakistan.
  • The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
  • Words imparting the singular number shall include the plural and vice-versa.
  • Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
  • Any and all matters pursuant to this agreement are governed by Pakistani Law and are under exclusive jurisdiction of the Pakistani Courts.

Services

  • We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
  • We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
  • All of these Terms and Conditions apply to the delivery of all Services unless we specify otherwise.

Your obligations

  • You must obtain any permissions, consents, licenses or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
  • If you do not comply with above clause, we can terminate the Services.
  • We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
  • Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless for Teczomlabs  from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.

Fees and Deposit

  • The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
  • In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
  • You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
  • The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
  • You must pay a deposit ("Deposit") as detailed in the quotation within 7 days of acceptance.
  • If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
  • The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

Cancellation and amendment

  • We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).
  • Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
  • If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavors to make any required changes and additional costs will be included in the Fees and invoiced to you.
  • If, due to circumstances beyond our control, including those set out in the clause below

Circumstances beyond a party's control

  • we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavors to keep any such changes to a minimum.

Payment

  • We will invoice you for payment of the Fees either:
  • when we have completed the Services; or
  • on the invoice dates set out in the quotation.
  • You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
  • Time for payment shall be of the essence of the Contract.
  • All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
  • If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
  • Receipts for payment will be issued by us only at your request.
  • All payments must be made in as agreed in writing between us.

Sub-Contracting and Assignment

  • We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
  • You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Prohibited Activities

You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this Web Site, for any of the following:

  • take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Site’s infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
  • disclose to, or share with, any unauthorized third parties the ID’s, assigned confirmation numbers and/or passwords, or use the ID’s, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to Teczonlabs’s information technology systems, environments, networks, files, data or accounts through the use of the ID’s, assigned confirmation numbers and/or passwords;
  • access or attempt to access Teczonlabs’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
  • attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;
  • interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Web Site or Teczonlabs’s, its affiliated or related entities’ or the Providers’ systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any Content or services provided at this Web Site;
  • attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Web Site;
  • upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or
  • use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy Teczonlabs’s Web Site pages or the Content in violation of the Terms or without Teczonlabs’s prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

Termination

We can terminate the provision of the Services immediately if you:

  • commit a material breach of your obligations under these Terms and Conditions; or
  • fail to make pay any amount due under the Contract on the due date for payment; or
  • are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
  • enter into a voluntary arrangement under Part 1 of the Insolvency Act, or any other scheme or arrangement is made with its creditors; or
  • Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder, a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

  • We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
  • You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Web Site, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Teczonlabs, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site, without Teczonlabs’s express prior written consent. You may not deep link to any page of portions of this Web Site without Teczonlabs’s prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of this Web Site provided that you do not make or attribute to Teczonlabs, its affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of Teczonlabsl, its affiliated or related entities or Providers without Teczonlabs’s express prior written consent.
  • Violation of trademark and copyright laws (“Infringement”) may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized by these Terms, is considered intentional Infringement.

Liability and indemnity

  • Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
  • The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
  • We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
  • Any indirect, special or consequential loss, damage, costs, or expenses or;
  • Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
  • Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
  • Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
  • Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  • You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
  • Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party's control

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

  • All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).
  • Notices shall be deemed to have been duly given:
  • When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
  • When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
  • On the fifth business day following mailing, if mailed by national ordinary mail;
  • All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

  • No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

  • If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  • This Agreement shall be governed by and interpreted according to the law of Pakistan and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Pakistani courts.
 
 

 

Lahore Office

  • 2nd Floor Anwar Tower, Shadman

Lahore, Pakistan

London Office

  • 21 Upper Tooting Road

London, SW17 7TS

  • Phone: +44 203 286 8685