These general terms apply unless a written proposal, order form, contract, or statement of work agreed by both parties says something more specific. The more specific document controls if there is a conflict.
1. About these terms
These terms govern access to etkahn.com and the general basis on which Etkahn provides consulting, workflow improvement, systems integration, software, website, data, training, support, and related services. By using the site, you agree to the website provisions. Services begin only when the parties agree the applicable commercial document.
2. Proposals and scope
- A proposal or statement of work normally describes the objectives, deliverables, assumptions, responsibilities, timetable, fees, payment schedule, acceptance approach, and support included.
- Estimates are based on the information available when issued. They are not fixed prices unless expressly described as fixed.
- Work outside the agreed scope requires written agreement and may affect fees and timelines.
- Either party may propose a change. We will explain the likely effect before proceeding where reasonably practical.
Website service-package orders
Prices and timelines shown in the service shop describe a defined baseline package and are shown in Pakistani rupees (PKR) before applicable taxes. Submitting a checkout request does not charge you, reserve a start date, or require Etkahn to accept the work. We review fit, dependencies, availability, and scope first. An engagement begins only after written confirmation and any required proposal, order form, invoice, deposit, or other commercial document is agreed.
3. Client responsibilities
You agree to provide timely access to appropriate people, decisions, accounts, environments, content, data, and feedback reasonably needed for the work. You are responsible for:
- The accuracy and lawfulness of material, instructions, data, and credentials you provide.
- Maintaining backups and appropriate security for systems outside our control.
- Obtaining internal approvals and third-party permissions required for the engagement.
- Reviewing deliverables and raising clear concerns within the agreed review period.
Delays in access, decisions, feedback, or dependencies may reasonably move the delivery schedule and can result in additional cost where work must be rescheduled or repeated.
4. Fees, invoices, and taxes
Fees, currency, deposits, milestones, retainers, and payment dates are stated in the applicable proposal or invoice. Unless stated otherwise, invoices are due within the period shown on them. You are responsible for applicable taxes, duties, transfer fees, or withholding obligations, other than taxes imposed on Etkahn’s net income.
We may pause work after reasonable notice if an undisputed payment is overdue. Pausing work may change the schedule. Reasonable collection costs may be charged where permitted by law.
5. Delivery, review, and acceptance
Delivery may take place through deployment, a repository, email, a secure link, a shared workspace, an account handover, a workshop, or another method agreed for the project. You should review deliverables promptly against the agreed requirements. A deliverable is accepted when you approve it, put it into production or routine use, or the agreed review period ends without a material written rejection.
Our Shipping & Service Delivery Policy explains the usual process in more detail.
6. Intellectual property
Your materials
You retain ownership of materials you provide. You give us a limited permission to use them only as needed to perform the engagement, maintain records, and meet legal duties.
Project deliverables
Unless the project agreement says otherwise, ownership of bespoke final deliverables created specifically for you transfers after all related invoices are paid. Drafts, rejected concepts, working files not included in the scope, methods, know-how, reusable tools, libraries, templates, and pre-existing materials remain with their existing owner.
Reusable and third-party components
Deliverables may include open-source, licensed, platform, stock, font, or other third-party components. Those remain subject to their own terms. We grant you a perpetual licence to any Etkahn-owned reusable component embedded in a paid final deliverable, to the extent needed to use, maintain, and modify that deliverable for your business.
7. Confidentiality and project access
Each party will use reasonable care to protect non-public information received from the other and use it only for the engagement, internal administration, or as required by law. This does not cover information that is already public without breach, was lawfully known, was independently developed, or was lawfully received without restriction.
We will not publish your name, logo, confidential project detail, or case study without permission, except that we may state a factual client relationship where the project agreement clearly permits it.
8. Third-party services
Projects often depend on hosting providers, cloud platforms, payment processors, APIs, plugins, software subscriptions, domain registrars, and other third parties. Their availability, pricing, policies, and actions are outside our control. You are responsible for third-party charges unless the proposal says they are included. We will use reasonable care when recommending or configuring them, but do not guarantee a third party’s uninterrupted operation.
9. Acceptable use
You must not use the website, our services, or deliverables to break the law, infringe rights, distribute malware, gain unauthorised access, mislead users, send unlawful communications, or harm systems or people. We may suspend affected work where we reasonably believe continuing would create a security, legal, or material reputational risk.
10. Quality, warranties, and remedies
We will perform services with reasonable care and skill and aim to meet the written requirements agreed for the engagement. Unless expressly promised in writing, we do not guarantee a particular commercial result, revenue level, search ranking, uninterrupted operation, or compatibility with future third-party changes.
If a deliverable materially fails the agreed acceptance criteria, tell us promptly with enough detail to investigate. Our first remedy will normally be to correct the issue within a reasonable period. The Returns & Refunds Policy explains cancellation and refund handling.
11. Liability
Nothing in these terms excludes or limits liability, remedies, or statutory rights that cannot legally be excluded or limited. Subject to that rule, neither party is liable for indirect, special, or consequential loss, lost profit, lost opportunity, or loss of data that could reasonably have been avoided by appropriate backups.
Unless a project agreement states a different cap, Etkahn’s total liability arising from an engagement is limited to the fees paid or payable for the services giving rise to the claim during the six months before the event. This limit does not apply to fraud, wilful misconduct, breach of confidentiality, infringement caused by materials supplied by a party, or other liability that applicable law does not allow us to limit.
12. Suspension and termination
Either party may terminate an ongoing engagement as allowed by its project agreement. If no notice period is stated, either party may end it on reasonable written notice. A party may terminate more quickly for a material breach that is not corrected within a reasonable period after written notice, insolvency, illegality, or a serious security risk.
On termination, you will pay for work completed, committed third-party costs, and any agreed cancellation charges up to the effective date. We will provide paid-for completed deliverables and reasonably cooperate in an agreed handover. Terms that should logically continue—including payment, ownership, confidentiality, liability, and dispute provisions—survive termination.
13. Governing law and disputes
The parties should first try in good faith to resolve a concern through direct discussion. Unless the applicable project agreement states otherwise, these terms are governed by the laws of Pakistan and disputes are subject to the competent courts of Pakistan. Mandatory consumer rights and any jurisdiction that cannot legally be displaced remain unaffected.
14. General provisions
If one provision is unenforceable, the rest remain in effect. A delay in enforcing a right is not a waiver. Neither party may transfer an engagement without the other’s written consent, except as part of a genuine business reorganisation or sale with appropriate assumption of obligations. Neither party is responsible for delay caused by events beyond reasonable control, but must communicate and minimise the effect where practical.
We may update the website terms from time to time. Changes do not retroactively rewrite an already signed project agreement unless both parties agree.
Questions about these terms?
Email: hello@etkahn.com
Local office: Gate 362-B, Street 33, F-11/2, Islamabad, Pakistan
Telephone: +923439855566