Effective Date: December 24, 2024
1. Introduction and Acceptance of Terms
Welcome to Brandsoul Infotech (SMC-PVT) Limited. These Comprehensive Terms and Conditions (“Terms”) constitute a legally binding agreement that governs your access to and use of our website, located at www.brandsoul.pk, and all of the services, products, and deliverables offered by our company. By accessing, browsing, or utilizing any of Brandsoul Infotech’s services, you unequivocally agree to comply with and be bound by these Terms, as they may be amended from time to time. If you do not agree with any part of these Terms, you must immediately cease all use of our services and website.
Brandsoul Infotech is a company established and operating under the laws of Pakistan, committed to delivering exceptional services in branding, marketing, and consulting. Our operations are conducted with full transparency and in strict compliance with the Companies Act, 2017, and all other relevant corporate and business laws of Pakistan. These Terms are designed to outline the mutual rights, responsibilities, and obligations of both Brandsoul Infotech and our valued clients, thereby ensuring a professional, ethical, and legally sound collaboration.
2. Definitions
To ensure clarity and consistency throughout this document, the following terms shall have the meanings ascribed to them below:
“Brandsoul Infotech,” “we,” “us,” or “our” refers to Brandsoul Infotech (SMC-PVT) Limited, a company incorporated in Pakistan, including its website, all of its employees, contractors, affiliates, and the entirety of its service offerings.
“User,” “Client,” “you,” or “your” refers to any individual, business entity, or organization that accesses, uses, or interacts with Brandsoul Infotech’s services or website, whether as a registered user, a client, or a visitor.
“Services” refers to all professional offerings provided by Brandsoul Infotech, including, but not limited to, strategic branding, digital marketing, content creation, social media management, business consulting, website design, and any related advice, deliverables, or intellectual property produced as part of a formal engagement.
“Intellectual Property” refers to all proprietary content, strategies, designs, materials, copyrights, trademarks, trade secrets, and any other creative works developed or owned by Brandsoul Infotech.
3. Use of Services and User Conduct
The use of our services is subject to the following conditions and responsibilities:
Eligibility: Users must be at least 18 years of age or have attained the legal capacity to enter into a binding contract as stipulated by the laws of Pakistan. By using our services, you represent and warrant that you meet this requirement.
Accurate Information: You agree to provide information that is accurate, complete, and up-to-date at all times. Failure to do so may result in the termination of services or an inability to deliver our services effectively.
Lawful Use: Our services must not be used for any unlawful, unauthorized, or fraudulent purpose. Prohibited activities include, but are not limited to, copyright infringement, spamming, spreading malware, or any other action that violates the laws of Pakistan or international regulations.
Right to Refuse Service: Brandsoul Infotech reserves the right, in its sole discretion, to deny or terminate services to any individual or entity that is found to be in violation of these Terms or is engaged in practices that we deem to be unethical, illegal, or detrimental to our business or reputation.
4. Intellectual Property Rights
All content, strategies, designs, reports, materials, source code, and any other intellectual property created or developed by Brandsoul Infotech as part of our services are and shall remain the exclusive property of Brandsoul Infotech, unless explicitly stated otherwise in a formal, written service agreement signed by both parties.
Prohibitions: Users are expressly prohibited from reproducing, modifying, distributing, licensing, selling, or creating derivative works from any of Brandsoul Infotech’s intellectual property without our explicit prior written consent.
Enforcement: Any unauthorized use or infringement of our intellectual property rights will be pursued to the fullest extent of the law. This includes, but is not limited to, legal action under the Copyright Ordinance, 1962, the Patents Ordinance, 2000, and other relevant intellectual property laws of Pakistan.
5. Payment Terms
Payment Schedule: Payments for our services must be made in strict accordance with the agreed-upon terms as detailed in individual service agreements, project proposals, or invoices.
Advance Payments: Brandsoul Infotech may require a partial or full advance payment before the commencement of any services, as a sign of commitment and to cover initial project costs.
Refunds: All refunds are subject to the specific terms outlined in your service agreement. Generally, payments for services rendered are non-refundable. Any refund claims will be assessed on a case-by-case basis and will be processed in accordance with applicable Pakistani consumer protection laws.
Late Payments: In the event of a late payment, Brandsoul Infotech reserves the right to suspend or terminate services. Late payments may incur reasonable administrative fees or penalties as specified in the service agreement. Note: Brandsoul Infotech strictly adheres to Islamic principles and will never apply interest-based charges on late payments.
6. Confidentiality
Mutual Agreement: Both Brandsoul Infotech and the Client agree to maintain the strictest confidentiality concerning any and all proprietary, confidential, or sensitive information shared during the course of a business relationship.
Scope: Confidential information includes, but is not limited to, business plans, financial data, client lists, marketing strategies, intellectual property, and trade secrets. This information shall not be disclosed to any third party without the express prior written consent of the disclosing party, unless such disclosure is required by law.
Survival: This confidentiality obligation shall remain in full force and effect even after the termination or completion of the business relationship between Brandsoul Infotech and the Client.
7. Limitation of Liability
Indirect Damages: Brandsoul Infotech, its employees, and affiliates shall not be held liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising from or in connection with the use or inability to use our services.
Cap on Liability: Our total liability to the User for any and all claims arising out of or related to our services shall not exceed the total amount paid by the User to Brandsoul Infotech for the specific service that is the subject of the claim.
No Guarantees: Users expressly agree to use our services at their own risk. While we are committed to excellence, Brandsoul Infotech provides no specific outcomes, guarantees, or warranties regarding the success of any branding, marketing, or consulting efforts.
8. Termination of Services
Termination by Brandsoul Infotech: We reserve the right to terminate or suspend our services to a Client at any time and for a valid reason, including, but not limited to, a breach of these Terms, non-payment of invoices, or any activity that violates Pakistani law.
Termination by Client: Users may terminate a service agreement by providing prior written notice, subject to any applicable cancellation policies or termination fees as specified in their individual contract.
9. Revisions and Amendments to These Terms
Brandsoul Infotech reserves the absolute right to revise, update, or amend these Terms at any time. We will communicate any significant updates to you via email or by posting a prominent announcement on our website. Your continued use of our services following such revisions constitutes your full and unconditional acceptance of the amended Terms. We encourage you to review this document regularly to stay informed.
10. Governing Law and Jurisdiction
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of Pakistan. This includes, but is not limited to, the Contract Act, 1872, the Companies Act, 2017, and other relevant legal frameworks governing business operations and commercial contracts within Pakistan. Any and all disputes arising under or in connection with these Terms shall be resolved exclusively in the courts of Pakistan.
11. Third-Party Links and Services
Our website and services may contain links to third-party websites or services for your convenience. These links do not constitute an endorsement, affiliation, or control over the content or policies of these third-party sites. Brandsoul Infotech is not responsible for the privacy practices, content, or any issues or losses arising from your use of any third-party resources.
12. User Responsibilities
Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Any misuse or unauthorized access must be reported to Brandsoul Infotech immediately.
Legal Compliance: You must ensure that all activities you undertake while using our services are in full compliance with all applicable Pakistani laws and regulations.
13. Indemnification
You agree to indemnify, defend, and hold Brandsoul Infotech, its employees, directors, affiliates, and partners harmless from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from or related to your breach of these Terms, your misuse of our services, or your violation of any applicable laws.
14. Force Majeure
Brandsoul Infotech shall not be liable for any failure or delay in the performance of its services due to circumstances beyond its reasonable control. These events of “Force Majeure” may include, but are not limited to, acts of God, natural disasters, war, terrorism, government regulations, public health crises, technical failures, power outages, and labor disputes. In such an event, our obligations will be suspended for the duration of the Force Majeure event.
15. Dispute Resolution
In the event of a dispute arising under these Terms, both parties agree to first attempt to resolve the issue amicably through good-faith negotiation. If an amicable resolution is not achieved, any and all disputes will be handled under the jurisdiction and legal framework of Pakistan, following applicable arbitration or litigation procedures.
16. Contact Us
For any questions, concerns, or requests for clarification regarding these Terms and Conditions, please do not hesitate to contact us.
Brandsoul Infotech (SMC-PVT) Limited
Email:
info@brandsoul.pkPhone:
+92-300-2450648
