Terms & Conditions

These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between Softaculor (“Agency”, “Company”, “we”, “our”, or “us”), a premier software house and digital agency headquartered in Lahore, Pakistan, and the client or entity (“Client”, “you”, or “your”) commissioning or utilizing our software engineering, web development, SEO, graphic design, branding, and digital advertising services.

By executing a Statement of Work (SOW), approving an official digital proposal or project quote, submitting a project retainer, or accessing deliverables provided by Softaculor, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

To ensure complete operational transparency throughout our software delivery lifecycle, the following expressions are defined as follows:

Every engineering and digital project undertaken by Softaculor commences with a defined scope. We reject ambiguity to safeguard both project quality and delivery timelines:

• Proposal & Estimation: Preliminary technical discussions and architectural estimations are valid for 30 calendar days from the date of issue, after which Softaculor reserves the right to revise timeline and cost assessments based on resource capacity.
• Binding Milestones: Work begins strictly upon receipt of the agreed upfront deposit or mobilization retainer specified in the SOW.
• Scope Creep & Change Order Policy: Any feature, third-party API integration, database redesign, or revision that extends beyond the agreed functional requirements documented in the initial SOW constitutes a “Change Request”.

Successful software development is a collaborative endeavor requiring timely participation from the Client:

• Content & Credentials: The Client is responsible for supplying brand assets (logos, high-res graphics), text copy, API credentials, domain names, and DNS/server access within five (5) business days of written request.
• Legality of Materials: The Client warrants that all text, images, trademarks, datasets, and intellectual property provided to Softaculor are lawfully owned or licensed by the Client, and do not infringe on any third-party rights.
• Feedback & Approval Cadence: To prevent project stagnation, the Client agrees to provide consolidated feedback or approvals within three (3) to five (5) business days following milestone demonstrations or staging releases.

Softaculor utilizes structured development sprints adhering to modern software engineering best practices:

User Acceptance Testing (UAT) Protocol:

• Upon deployment of a project or milestone to our staging environment, the Client has ten (10) business days (“Acceptance Period”) to test functionality against the SOW specification.
• The Client must provide a single, organized, written punch-list detailing reproducible bugs or omissions. Softaculor will promptly correct these defects at no additional charge.
• Deemed Acceptance: If the Client does not submit written objections within the ten (10) business day window, or if the Client deploys, publishes, or publicly utilizes the software in a commercial, live production environment, the deliverables shall be deemed irrevocably and fully accepted.

Pricing and payment schedules are structured to reflect fairness, predictability, and shared commitment:

• Milestone Billing: Standard web development and software projects operate on milestone schedules (typically 40% upfront deposit upon SOW signing, 30% upon staging milestone completion, and 30% final balance prior to production deployment, live DNS transfer, or release of raw source code).
• Monthly Retainers (SEO & Meta Ads): Retainer services are billed in advance at the start of each monthly billing cycle and are non-refundable once the monthly cycle has commenced.
• Direct Ad Spend Policy: For Meta (Facebook & Instagram) Ads and paid advertising services, all advertising budgets are paid directly by the Client to the advertising platform (Meta Platforms, Inc.). Softaculor’s professional fee strictly covers campaign strategy, audience research, creative design, copywriting, and management. Softaculor never finances client ad spend.
• Payment Window & Late Penalties: Invoices are payable within seven (7) business days of issuance. Invoices overdue beyond 14 days may accrue a late surcharge of 2% per month or the maximum permissible by law.
• Right to Suspend Work: Softaculor reserves the absolute right to suspend active development, temporarily pause staging servers, halt ad campaigns, or withhold deployment and source code handovers while any invoice remains overdue.
• Taxes & Bank Charges: All quoted rates are net amounts. The Client is responsible for any applicable local withholding taxes, wire transfer fees, or currency exchange surcharges.

We adhere to ethical, clear intellectual property practices that protect your business while honoring established engineering standards:

Modern digital systems operate within an interconnected web of cloud hosting, domain registrars, and external APIs:

• Hosting Environment: Deliverables may be deployed to cloud environments owned by the Client (e.g. AWS, Vercel, Google Cloud, DigitalOcean, Cloudflare, or cPanel) or managed under a dedicated hosting agreement with Softaculor.
• Third-Party Service Outages: Softaculor is not responsible or liable for operational disruptions, downtime, latency, or data losses caused by external infrastructure providers, cloud hosts, domain registrars, or DNS servers.
• External APIs & Breaking Changes: When a project integrates third-party APIs (such as Meta Graph API, Google Maps, OpenAI, WhatsApp Cloud API, Stripe, or SMS gateways), Softaculor implements the integration in accordance with the provider’s current specifications. Softaculor is not liable if third-party vendors modify their pricing, deprecate API endpoints, throttle quotas, or revise platform policies after launch. Engineering time required to adapt to external changes is billable.

We stand firmly behind the quality and craftsmanship of our software solutions with a standard post-launch warranty:

Warranty Exclusions:

The warranty does not apply to and explicitly excludes defects resulting from:

• Modifications, edits, or code deletions performed by the Client, internal staff, or third parties.
• Subsequent updates or incompatibilities introduced by third-party plugins, CMS updates, or themes.
• Hosting server configuration changes, hardware failures, or server-side software updates.
• Malicious cyberattacks, malware, unauthorized account compromises, or brute-force breaches.
• New feature requests, UI adjustments, or scope items not agreed in the original SOW.

Following the 30-day warranty, ongoing security updates, version upgrades, database backups, and continuous feature enhancements are provided through our custom Monthly Maintenance & SLA Retainer packages.

Softaculor is committed to radical honesty. We do not make deceptive promises or peddle vanity metrics:

We treat client intellectual property, internal business data, and proprietary concepts with the strictest discretion:

• Mutual Non-Disclosure: Both Softaculor and the Client agree to hold all proprietary trade secrets, business strategies, technical codebases, customer data, and pricing arrangements in strict confidence.
• Permitted Use: Confidential information shall be disclosed solely to personnel, contractors, and legal/financial advisors who have a direct need to know for project execution and who are bound by corresponding confidentiality duties.
• Exclusions: Obligations do not apply to information that is or becomes publicly known without breach, was already known prior to disclosure, or is required to be disclosed under valid judicial or regulatory order.
• Survival Period: Confidentiality obligations survive for a period of three (3) years following project termination or completion.

Softaculor takes great pride in engineering outstanding digital solutions and sharing our craft with prospective partners:

• Portfolio Showcase: Unless explicitly restricted by a signed Non-Disclosure Agreement (NDA) executed prior to project kickoff, Softaculor reserves the right to feature the completed project, screenshots, case study metrics, UI designs, and the Client’s trade name and logo in our portfolio, marketing presentations, and social media.
• Subtle Footer Credit: Softaculor may include a discrete, tasteful attribution link in the website footer or code metadata (e.g. “Crafted by Softaculor”). The Client may request removal of this link at any time during or after development without penalty.

Except as expressly warranted in these Terms, all software, code, designs, and digital services are delivered on an “AS IS” and “AS AVAILABLE” basis:

To maintain fair risk allocation between software developer and client:

• Client Indemnity: The Client agrees to defend, indemnify, and hold harmless Softaculor, its directors, employees, and agents from and against any third-party claims, liabilities, losses, damages, fines, and legal expenses arising out of: (a) any content, images, data, or intellectual property provided by the Client that infringes upon third-party copyrights or privacy rights; (b) any illegal, fraudulent, or defamatory use of the software deliverables by the Client or its end users; or (c) any material breach of this Agreement by the Client.
• Softaculor IP Indemnity: Softaculor agrees to defend and hold harmless the Client against any final judgment holding that the bespoke code written exclusively by Softaculor directly infringes a valid copyright or trade secret of a third party, excluding any infringement caused by client-supplied code, open-source packages, or unauthorized client alterations.

Either party may end or pause the working relationship under clear, equitable terms:

• Termination for Cause: Either party may terminate an SOW immediately upon written notice if the other party commits a material breach of these Terms and fails to cure such breach within fourteen (14) calendar days of receiving written notice detailing the default.
• Termination for Convenience: The Client may terminate an ongoing project for convenience by providing thirty (30) days’ prior written notice to Softaculor.
• Settlement of Accounts: In the event of termination by either party for any reason, the Client remains legally obligated to pay Softaculor for all work performed, billable hours accrued, milestones achieved, and non-cancellable third-party commitments incurred up to the effective termination date.
• Handover of Assets: Upon full and final settlement of all outstanding invoices, Softaculor will promptly transfer to the Client all completed code, design files, and documentation in their then-current state.

These Terms, all Statements of Work, and any dispute or controversy arising out of or related to our services shall be governed by, construed, and enforced in accordance with the substantive laws of the Islamic Republic of Pakistan, without regard to its conflict-of-law principles.

Standard legal protections governing contract continuity and contact channels:

• Force Majeure: Softaculor shall not be deemed in default or held liable for any delay or failure in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, national power grid failures, widespread telecommunication or internet disruptions, labor strikes, war, or pandemics.
• Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
• Periodic Updates: Softaculor reserves the right to update these Terms periodically. Material changes will be reflected on this page with an updated “Last Revised” timestamp. Continued engagement following updates constitutes acceptance of the revised Terms.