1. Acceptance of Terms

By using DarkenTech's web services, you acknowledge and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access or use our services.

2. Service Agreement

Before commencing any project, clients and DarkenTech will enter into a Service Agreement that outlines the specific scope, deliverables, timelines, and fees. Both parties will mutually agree to the terms and sign the agreement. Service agreement may be in the form of "Project Proposal", "Project Quotation".

3. Intellectual Property

Any material, including but not limited to software, code, designs, graphics, and content, developed or provided by DarkenTech during the project remains the property of DarkenTech until full payment is received. Upon full payment, the client will receive a license to use the deliverables as specified in the Service Agreement.

In the event that the client terminates the Service Agreement and has paid the compensation for the work completed up to the termination date, the client shall be granted Intellectual Property rights to the work completed until that date.

However, the client shall not have the right to use or have access to any incomplete or in-progress work, nor shall they have any rights to the Intellectual Property of any portion of the project not completed and covered by the compensation.

DarkenTech may retain full rights to any unfinished or finished work and the Intellectual Property rights associated with it in the event of termination of service agreement without any compensation or failure to pay the full payment by the client. This includes but is not limited to the right to complete, use, and license the unfinished or finished work to other parties, unless otherwise agreed upon in writing between DarkenTech and the client.

4. Client Responsibilities

Clients must provide clear and accurate project requirements, content, and materials necessary for DarkenTech to execute the services. Timely feedback and approvals are essential for efficient project completion.

5. Website Content

Clients are responsible for the content displayed on their websites. DarkenTech does not assume responsibility for the accuracy, legality, or compliance of the content. Clients must obtain all necessary rights and permissions for any content provided to DarkenTech.

6. Payment Terms

Payment terms will be outlined in the Service Agreement. DarkenTech may require an upfront deposit before commencing work. The client shall make payments in a timely manner as specified in the Service Agreement.

Failure to make timely payments may result in one or more of the following consequences:

• Project Delays: Delays in payments may lead to delays in project milestones and delivery timelines.
• Suspension of Services: DarkenTech reserves the right to suspend services until all outstanding payments are made. During the suspension period, no further work or services will be provided.
• Termination of Service Agreement: In the event of persistent non-payment, DarkenTech may choose to terminate the Service Agreement. Termination may result in the client being liable for the compensation specified in the Termination clause (Section 10 a).

7. Confidentiality

Both parties shall keep any confidential information shared during the project confidential and shall not disclose it to third parties, except as required by law.

8. Third-Party Services and Plugins

DarkenTech may utilize third-party services or plugins during the project to enhance functionality. We are not liable for any issues arising from the use of these services or plugins.

9. Warranty and Support

DarkenTech provides a warranty period that extends from the completion of the development phase to the delivery of the project. During this warranty period, DarkenTech will diligently address and rectify any defects or issues with the project that are covered under the Service Agreement, at no additional cost to the client.

The warranty period is designed to give the client confidence in the quality of the delivered work and to ensure that any unforeseen bugs or defects are promptly resolved. DarkenTech will work closely with the client to provide effective solutions and ensure the project meets the agreed-upon specifications.

After the expiration of the warranty period, any further support or maintenance required by the client will be considered as separate from the original Service Agreement and will be subject to additional charges. DarkenTech offers ongoing support and maintenance services, and the details of these services and associated costs will be outlined in a separate agreement or contract, to be mutually agreed upon by both parties.

We encourage clients to consider the benefits of continued support and maintenance to keep their project running smoothly, secure, and up-to-date beyond the warranty period. Our support services are tailored to meet the unique needs of each client, providing peace of mind and reliable assistance whenever necessary.

10. Termination

• Either party may terminate the Service Agreement for valid reasons.
• If the client initiates the termination of the Service Agreement for valid reasons, the client shall be required to pay DarkenTech a compensation amount as compensation for the work completed up to the termination date.
• If DarkenTech initiates the termination of the Service Agreement for valid reasons, DarkenTech shall promptly refund any payment received from the client, in any form, for the services that were not delivered or completed as of the termination date.
• Both parties agree that termination shall not relieve the client of any outstanding payment obligations for services provided by DarkenTech up to the termination date.
• Any dispute arising from the termination of the Service Agreement shall be resolved in accordance with the dispute resolution terms specified in the Service Agreement, if applicable, or by the governing laws of Pakistan.

11. Limitation of Liability

DarkenTech shall not be liable for any indirect, incidental, or consequential damages arising from the use of our services.

12. Testing Period

DarkenTech will provide the client with a testing period of 4 business days following the completion of the project or milestone delivery. During this testing period, the client shall have the opportunity to thoroughly review and test the project to ensure that it meets the agreed-upon specifications and functionality.

Within this testing period, the client must promptly inform DarkenTech of any revisions that fall within the scope of the Service Agreement. Any requested revisions or modifications that are reported within this period and align with the agreed-upon project requirements will be addressed by DarkenTech without additional charges.

If the requested revisions deviate from the original Service Agreement or introduce new features or functionalities not initially agreed upon, additional charges may apply. DarkenTech will communicate any potential costs associated with such requested revisions to the client for approval before proceeding with the changes.

The testing period is crucial for identifying and reporting any bugs, defects, or issues with the delivered work. DarkenTech shall diligently work to rectify and resolve any bugs or defects identified during this period.

It is important for the client to make the most of the testing period and provide comprehensive feedback within the specified timeframe to ensure that the final deliverables meet their expectations and align with the original project scope.

13. Attribution and Portfolio Usage

DarkenTech reserves the right to include a discrete attribution link or logo on the websites or software developed as part of the project. This attribution will be placed in the footer or the credits section and will not interfere with the overall design or functionality of the website or software. The purpose of this attribution is to showcase DarkenTech's work and enable us to display it in our portfolio.

Furthermore, DarkenTech may reference the completed project in our marketing materials, case studies, website, or other promotional content, provided that any sensitive or confidential information shall be excluded from such references. If clients wish to exclude the attribution link or logo or have specific concerns about the use of the project in our portfolio or marketing materials, they must notify DarkenTech in writing before the project's final delivery. DarkenTech will make reasonable efforts to accommodate such requests.

Please note that while we may showcase the completed work in our portfolio, we shall not claim ownership of the project's intellectual property, and all rights to the software and content will remain with the respective client as per the terms outlined in Section 4 - Intellectual Property.

14. Modifications to Terms and Conditions

DarkenTech may update these Terms and Conditions from time to time. Clients will be notified of any significant changes. Continued use of our services after such modifications constitutes acceptance of the revised terms.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Pakistan.