Terms and Conditions
These Terms and Conditions (“Terms”) govern the use of digital marketing and social media marketing services (referred to as the “Services”) provided by Usama Sarwar (referred to as the “Company”). By availing of the Services, you agree to abide by these Terms. Please read these Terms carefully before accessing or using our Services.
A. Scope of Services
- The Company offers digital marketing and social media marketing services aimed at promoting clients’ products, services, or brands through various online platforms, including but not limited to social media platforms, search engines, websites, and email marketing.
- The specific services provided by the Company shall be outlined in the agreement between the Company and the client (“Service Agreement”).
- This service agreement may be documented through various means including but not limited to written contracts, emails, WhatsApp chats, or messages conversations. The Company and the client will mutually agree upon the scope of services, deliverables, timelines, and any other pertinent terms through these communications. It is essential that both parties have a clear understanding of the agreed-upon terms to ensure the successful execution of the services.
B. Client Obligations
- The client agrees to provide accurate and complete information necessary for the provision of the Services.
- The client is responsible for obtaining all necessary permissions, licenses, and rights for any content provided to the Company for use in the provision of the Services.
- The client agrees to cooperate with the Company and provide timely feedback and approvals as required for the successful execution of the Services.
C. Payment Terms
- The client shall pay the Company the fees as outlined in the Service Agreement.
- Unless otherwise specified in the Service Agreement, all fees are due and payable in advance.
- The Company reserves the right to suspend or terminate the provision of Services in the event of non-payment by the client.
- All fees are non-refundable except as expressly provided in the Service Agreement or as required by applicable law.
- The client acknowledges and agrees that failure to adhere to the terms outlined in the Service Agreement or these Terms and Conditions may result in the forfeiture of any payments made to the Company.
- In the event of termination of the Service Agreement due to breach by the client, the Company reserves the right to retain any payments already received from the client as liquidated damages for the breach.
- The client understands that any forfeiture of payments shall not relieve them of their obligations to pay any outstanding fees or charges owed to the Company. Any payments made will be non-refundable if the requirements are not submitted within 7 days of the initial payment.
- The Company shall not be liable for any losses or damages incurred by the client as a result of the forfeiture of payments due to breach of contract.
- The client agrees to indemnify and hold the Company harmless against any claims, liabilities, damages, or expenses arising out of or related to the forfeiture of payments due to the client’s breach of contract.
- Any disputes regarding the forfeiture of payments shall be resolved in accordance with the dispute resolution provisions outlined in these Terms and Conditions.
D. Intellectual Property
- Any intellectual property rights arising from the provision of the Services shall belong to the Company unless otherwise agreed in writing.
- The client grants the Company a non-exclusive, royalty-free license to use any content provided by the client for the purpose of providing the Services.
E. Confidentiality
- The parties agree to maintain the confidentiality of any confidential information disclosed during the provision of the Services.
- Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
F. Limitation of Liability
- To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the provision of the Services.
- The total liability of the Company arising out of or relating to the provision of the Services shall not exceed the fees paid by the client for the Services.
G. Termination
- Either party may terminate the Service Agreement upon written notice if the other party breaches any material term of the Agreement and fails to remedy such breach within 30 days of receiving written notice thereof.
- Upon termination of the Service Agreement, the client shall pay any outstanding fees due to the Company.
H. Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of client’s country.
- Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of client’s country.
I. Amendments
- The Company reserves the right to amend these Terms at any time by providing written notice to the client.
- The client’s continued use of the Services following any such amendment shall constitute acceptance of the amended Terms.
J. Entire Agreement
- These Terms, together with any Service Agreement entered into between the parties, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether oral or written.
K. Severability
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
L. Waiver
- The failure of either party to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.
By availing of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you have any questions or concerns regarding these Terms, please contact us at contact@usama.dev.
Last Updated: January 12, 2024