Welcome to Wigitify! These Terms of Service ('Terms') govern your access to and use of the Wigitify website (https://wigitify.com) and the digital services, including web development, mobile app development, SEO optimization, cloud solutions, and digital marketing (collectively, the 'Services') provided by Wigitify.
By accessing or using our Website or Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. Please read these Terms carefully before using our website or services.
1. Scope of Services
Wigitify provides professional digital agency services including but not limited to web development, mobile app development, SEO optimization, cloud solutions, digital marketing, and UI/UX design.
The specific scope, deliverables, timeline, and pricing for any customized project will be outlined in a separate Statement of Work (SOW), Proposal, or Contract agreed upon by both parties. These general Terms apply to all interactions and broad service engagements with Wigitify.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.
2. Intellectual Property Rights
**Website Content:** Unless otherwise explicitly stated in a project-specific contract, Wigitify and/or its licensors own the intellectual property rights for all material on the Wigitify website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software. All intellectual property rights are reserved.
**Client Projects:** Upon full receipt of final payment for a custom project, the intellectual property rights for the final deliverables (e.g., custom website code, final logo designs, completed applications) are generally transferred to the Client, subject to the specific terms of the project agreement.
**Portfolio Rights:** Wigitify retains the right to display the completed work in our portfolio and marketing materials unless a Non-Disclosure Agreement (NDA) states otherwise.
**Pre-existing Tools:** Wigitify retains ownership of any pre-existing code libraries, tools, frameworks, or proprietary systems utilized in the project. Clients receive a perpetual, non-exclusive license to use these tools as part of their project deliverables.
3. User Responsibilities & Acceptable Use
As a user of our website and services, you agree not to use them for any unlawful purpose or in any way that interrupts, damages, or impairs the service.
**You must not:**
- Republish, sell, rent, or sub-license material from the Wigitify website without explicit permission.
- Reproduce, duplicate, or copy material from the Wigitify website for commercial purposes without proper attribution.
- Use the website in any way that causes, or may cause, damage to the website or impairment of its availability or accessibility.
- Use our services to host, transmit, or process any material which is linked to spyware, computer viruses, Trojan horses, worms, keystroke loggers, or other malicious software.
- Attempt to gain unauthorized access to our systems, networks, or data.
**Client Responsibilities:** For service engagements, the Client is responsible for providing necessary login credentials, hosting environments, content (text, images, media), timely feedback, and any other materials required for the successful completion of the project. Delays caused by the Client may affect project timelines and incur additional charges.
4. Payments, Billing, and Refunds
**Payment Terms:** Payment terms for custom projects will be defined in the specific project proposal or contract. Typical payment structures include:
- **Deposit:** An upfront deposit (usually 30-50%) is required before work commences.
- **Milestone Payments:** Payments tied to project milestones as outlined in the contract.
- **Final Payment:** Due upon project completion and before final delivery.
**Invoices:** Invoices are payable within the timeframe specified on the invoice (typically 15-30 days). Late payments may result in project suspension and may incur interest charges at 1.5% per month or the maximum rate permitted by law, whichever is lower.
**Refunds:** Due to the custom nature of our digital services (development, design, SEO), payments are generally non-refundable once work has commenced. If a project is cancelled by the Client before completion, Wigitify reserves the right to bill for the pro-rated value of the work completed up to the date of cancellation.
**Taxes:** All fees are exclusive of applicable taxes. The Client is responsible for paying all taxes associated with the Services, excluding taxes on Wigitify's net income.
5. Revisions and Maintenance
**Project Revisions:** Fixed-price projects typically include a specific number of revision rounds (usually 2-3), as outlined in the project proposal. Additional revisions beyond the agreed scope will be billed at our standard hourly rate.
**Post-Launch Support:** We provide 30 days of complimentary bug-fix support after any project launch. This support covers defects in workmanship and does not include new features or modifications to the original scope.
**Ongoing Maintenance:** Unless a specific ongoing maintenance contract is agreed upon, Wigitify is not responsible for updating, maintaining, or fixing the website or software after the final project sign-off and the complimentary support period expires. We offer separate maintenance and support packages for ongoing care, which can be discussed with our team.
6. Project Timelines and Delays
Wigitify will make reasonable efforts to complete projects within the agreed timeline. However, timelines are estimates and not guarantees. Delays may occur due to:
- Client delays in providing feedback, content, or approvals
- Third-party delays (e.g., hosting providers, domain registrars)
- Unforeseen technical challenges or scope changes
- Force majeure events (natural disasters, pandemics, etc.)
If the Client causes delays, Wigitify reserves the right to adjust the project timeline and/or charge additional fees for extended timelines. If Wigitify causes significant delays, the Client may be entitled to remedies as outlined in the project contract.
7. Limitation of Liability
In no event shall Wigitify, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(iv) unauthorized access, use or alteration of your transmissions or content;
whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
In no event shall Wigitify's total liability to you for all claims exceed the total amount paid by you to Wigitify in the twelve (12) months preceding the claim.
8. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Wigitify does not warrant that:
a) The Service will function uninterrupted, secure, or available at any particular time or location.
b) Any errors or defects will be corrected immediately.
c) The Service is free of viruses or other harmful components.
d) The results of using the Service, particularly SEO rankings, traffic increases, or revenue growth, will meet your specific operational or financial expectations.
e) Third-party platforms (Google, Facebook, Apple, etc.) will approve or rank your content favorably.
9. Third-Party Links and Integrations
Our Service may contain links to third-party web sites or services that are not owned or controlled by Wigitify. Wigitify has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
We may integrate third-party services into your project (e.g., payment gateways, analytics tools, APIs, plugins). You acknowledge and agree that:
- These third-party services have their own terms of service and privacy policies.
- Wigitify is not responsible for any disruptions, data loss, or damages caused by third-party services.
- You are responsible for obtaining any necessary licenses, accounts, or subscriptions for third-party services.
- Third-party services may incur ongoing fees that are separate from Wigitify's charges.
You further acknowledge and agree that Wigitify shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
10. Confidentiality and Non-Disclosure
Both Wigitify and the Client agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. This includes:
- Business strategies, financial data, and trade secrets
- Technical specifications, source code, and algorithms
- Customer data, marketing plans, and product roadmaps
- Any information explicitly marked as 'Confidential'
This obligation survives the termination of the project and remains in effect for a period of two (2) years from the date of disclosure, unless otherwise agreed in writing. Wigitify may enter into a separate Non-Disclosure Agreement (NDA) upon request.
11. Termination
Either party may terminate a project engagement under the following conditions:
**By the Client:** The Client may terminate the project at any time by providing written notice. The Client will be billed for all work completed up to the date of termination, and any deposit already paid will be applied to these charges.
**By Wigitify:** Wigitify may terminate the project if the Client breaches these Terms, fails to make payments when due, or engages in unlawful conduct. Wigitify will provide written notice and a reasonable opportunity to cure the breach before termination.
Upon termination:
- All outstanding payments become immediately due
- Wigitify will deliver all completed work product upon receipt of payment
- Both parties' confidentiality obligations continue
- Any licenses granted to Wigitify for the Client's content are revoked
12. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good-faith negotiations.
If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to mediation before resorting to litigation. The mediation will be conducted in a mutually agreed location.
If mediation is unsuccessful, any remaining disputes shall be resolved through binding arbitration or in the courts of the jurisdiction in which Wigitify is registered, at Wigitify's discretion. The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.
13. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Nothing in these Terms affects your rights as a consumer under mandatory local legislation.
14. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We will notify you of changes by:
- Posting the updated Terms on our website
- Sending an email to the address associated with your account
- Displaying a prominent notice on our website
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms, you must stop using the Service.
15. Contact Information
If you have any questions about these Terms, please contact us:
- **Email:** info@wigitify.com
- **Phone:** +92 315 4305225
- **Website:** https://wigitify.com/contact
- **LinkedIn:** https://www.linkedin.com/company/wigitify
We will respond to your inquiry within 30 business days.