Legal

Terms & Conditions

The terms that govern our services and working relationship.

Last updated: February 1, 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and CODEXMARK (SMC-PRIVATE) LIMITED ("Codexmark," "we," "us," or "our"), governing your use of our website and engagement of our software development and related services.

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.


1Services

Codexmark provides custom software development services including, but not limited to:

  • Web application and platform development
  • Mobile application development (iOS, Android, cross-platform)
  • E-commerce solutions and Shopify development
  • CRM and ERP system development
  • AI/ML solutions and automation systems
  • Progressive Web Applications (PWAs)
  • Custom software suites and integrations

All work proceeds only after a mutually agreed scope of work, timeline, deliverables, and acceptance criteria are documented in a formal proposal or statement of work.

2Engagement Process

Our engagement process typically includes:

  1. Discovery: Initial consultation to understand your requirements and objectives
  2. Proposal: Written proposal detailing scope, timeline, deliverables, and pricing
  3. Agreement: Upon acceptance, a formal agreement or statement of work is executed
  4. Development: Work proceeds according to the agreed milestones and timeline
  5. Delivery: Final deliverables are provided upon completion and full payment

3Payment Terms

  • Payment Schedule: Payment terms and milestones are defined in each project's statement of work
  • Deposits: An upfront deposit (typically 30-50%) may be required for project initiation
  • Invoicing: Invoices are issued according to the agreed milestone schedule
  • Payment Methods: We accept bank transfers and other methods specified in the invoice
  • Late Payments: Payments are due within 14 days of invoice date unless otherwise agreed. Late payments may result in project pausing until outstanding balances are settled
  • Currency: All amounts are in the currency specified in the proposal or invoice

4Intellectual Property

  • Custom Deliverables: Upon receipt of full payment, intellectual property rights for custom-developed deliverables transfer to you, unless otherwise specified in the project agreement
  • Pre-existing Materials: Codexmark retains ownership of all pre-existing tools, frameworks, libraries, code snippets, and methodologies used to deliver your project
  • Third-Party Components: Your project may include third-party libraries, frameworks, or services that are subject to their own licenses. We will document these dependencies
  • Portfolio Rights: Unless otherwise agreed, Codexmark reserves the right to reference the project and general outcomes in marketing materials and portfolio

5Confidentiality

Both parties agree to treat all confidential information shared during the engagement with appropriate care and discretion. This includes, but is not limited to:

  • Business strategies and plans
  • Technical specifications and source code
  • Customer data and proprietary information
  • Financial terms of the engagement

Confidentiality obligations survive termination of the engagement. A separate Non-Disclosure Agreement (NDA) may be executed upon request.

6Client Responsibilities

To ensure successful project delivery, you agree to:

  • Provide clear and complete requirements at project inception
  • Designate an authorized point of contact for decisions and approvals
  • Provide timely feedback and approvals as outlined in the project timeline
  • Supply all necessary materials, content, and access credentials as required
  • Make payments according to the agreed schedule

Delays in client responsibilities may result in corresponding delays to project timelines and potential additional costs.

7Warranties and Support

  • Warranty Period: We provide a warranty period (typically 30-90 days, as specified in the project agreement) for bug fixes related to the delivered scope
  • Scope of Warranty: The warranty covers defects in functionality as defined in the acceptance criteria, not new features or changes to requirements
  • Ongoing Support: Post-warranty support and maintenance services are available under separate agreements

8Limitation of Liability

To the maximum extent permitted by applicable law:

  • Codexmark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
  • Our total liability for any claims arising from the engagement shall not exceed the total fees paid by you for the specific project in question
  • While we engineer for reliability and performance, no software is guaranteed to be free from all defects in every environment

9Termination

  • By Client: You may terminate an engagement with written notice. Payment is due for all work completed up to the termination date, plus any non-cancellable commitments
  • By Codexmark: We may terminate if payments remain outstanding for more than 30 days, or in case of material breach of these Terms
  • Effect of Termination: Upon termination, work in progress and completed deliverables (for which payment has been made) will be transferred to you. Codexmark retains rights to any unpaid work

10Dispute Resolution

In the event of any dispute arising from these Terms or our engagement, both parties agree to first attempt resolution through good-faith negotiation. If a resolution cannot be reached, the dispute shall be settled under the governing law and jurisdiction specified in the project agreement, or where not specified, under the laws of Pakistan with exclusive jurisdiction in courts located in Karachi.

11Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

12Amendments

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised "Last updated" date. Continued use of our services after any changes constitutes acceptance of the modified Terms. Material changes that affect ongoing projects will be communicated directly to affected clients.

13Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

14Contact Information

For questions about these Terms or our services, please contact us:

CODEXMARK (SMC-PRIVATE) LIMITED

Email: work@codexmark.com

Website: codexmark.com