Disclaimer
This
website may include links to external websites.
When you follow such links the external website
may appear as a full screen (in which case you
will need to use the back button on your browser
to return to this website). These links are
provided in order to help you find relevant
websites, information which may be of interest
to you quickly and easily.
Terms & Conditions
This
website contains material including text,
photographs and other images and sound, which
are protected by copyright and/or other
intellectual property rights. All copyright and
other intellectual property rights in this
material are either owned by Pak Eagle, and have
been licensed to them by the owner of those
rights so that it can use this material as part
of this website.
You
may:
Access any part of
the website;
Print off one copy of any or all of the pages
for your own personal reference.
You
may not:
Copy
(whether by printing off onto paper, storing on
disk, downloading or in any other way),
distribute (including distributing copies),
broadcast, alter or tamper with in any way or
otherwise use any material contained in the
website except as set out under "You may". These
restrictions apply in relation to all or part of
the material on the website;
Remove any copyright, trade mark or other
intellectual property notices contained in the
original material from any material copied or
printed off from the website;
Link
to this website:
...
without our express written consent.
If you
wish to provide a hypertext or other link to
this website, you are free for it, but please
send these details to
Website Administrator
The URL(s) of the
web page(s) from which you are proposing to link
to this website
The URL(s) of the web page(s) on this website to
which you are proposing to link
Changes In Terms & Conditions
Pak
Eagle may change the terms and conditions and
disclaimer set out above from time to time. By
browsing this website you are accepting that you
are bound by the current terms and conditions
and disclaimer and so you should check these
each time you revisit the site.
Complaints
If you have a
question or complaint about this website,
please contact the
Support Department
Credit Card
Details
Pak Eagle retains the right to store credit card
details on file.
Deadlines
Pak Eagle may choose to estimate the completion
date of a project. While we will endeavor to
meet all deadlines, we do not offer any
guarantees, and Pak Eagle is not liable for
losses suffered due to a project being completed
after the estimated completion date
.
Equipment
Pak Eagle is not liable for any equipment
failures be it customer's equipment or equipment
on the client site.
Viruses
While Pak Eagle endeavors to have all its
hardware virus-free, the Client is expected to
have current virus protection, and Pak Eagle is
not liable for any accidental infection of
client hardware.
Cancellations by Client
If any hourly job is cancelled by the client
after commencement, Pak Eagle will charge for
all hours up to that point in time. If an hourly
job is cancelled by the client, any pre-paid
work not fully completed will not be refunded;
however the remaining balance will be credited
to the clients account for future utilization.
If any fixed price job is cancelled by the
client, Pak Eagle will retain the initial fifty
percent of pre-paid value. Any further hours
completed will be charged to the client as a
proportion of the quoted price based on hours
completed to that point in time.
This contract is governed by the laws of NSW,
Australia. The operation of the postal
acceptance rule is expressly excluded. The terms
and conditions contained on this document
supersede any previous terms and conditions.
Limited Liability
In no event shall Pak Eagle or its suppliers be
liable for any accidental, consequential,
incidental or indirect damages of any kind
(including without limitation, damages for loss
of business profits, business interruption, loss
of business information, or other pecuniary
loss) arising out of the use or of the inability
to use the software. In no event shall Pak Eagle
liability for any claims whether in contract,
tort or other theory of liability exceed the
purchase price of the subject products or
services, unless such limitation of liability is
otherwise prohibited by law
Development Work Credit
In the event Pak Eagle performs web development
services, the Client acknowledges and will
ensure that: (a) Pak Eagle receives a permanent
credit on the Site (including, without
limitation, any alteration, modification or
subsequent use of the Site) which acknowledges
Pak Eagle as the developer of the Site; Unless
otherwise agreed in writing credit shall be
"Proudly developed by Pak Eagle Sydney Web
Design" in a suitable position of each page of
the Site. This text will provide a permanent
link to www.pakeagle.com.pk; (b) Pak Eagle may
claim credit in its own promotional material for
the development of the Site; and (c) the Client
will remove the credit within 24 hours of
receiving a notice from Pak Eagle to do so. In
the event Pak Eagle performs web or other
software development services, Pak Eagle
reserves the right to develop and publish a case
study on the work performed.
Hourly Work
Unless specified otherwise in writing this
contract authorizes Pak Eagle to undertake work
on an hourly-rate basis. Pak Eagle may provide
an estimated time to complete this work. Such
estimates are not binding and all hours
designated as performed will be charged at the
rates set out or otherwise agreed. In an hourly
work agreement, the initial meeting with the
customer will be conducted by Pak Eagle at no
cost. Any subsequent work will be charged at the
rates set out or otherwise agreed. The minimum
time chargeable for on-site work is 2 (two)
hours per person per visit. The minimum time
chargeable for off-site work is 15 (fifteen)
minutes per person per request.
Pre-Paid Work
Pak Eagle may offer a more competitive rate to
those clients pre-paying time in blocks of 40
hours per person on the project. Pre-paid rates
become effective upon the day of payment. Rates
revert to standard if pre-payment is not made
prior to work commencing, or not so made for
second or subsequent prepaid invoices in respect
of work past the previously prepaid work. We
recommend that you process payment within 24
hours of receiving a new invoice to ensure that
the prepaid discount is maintained. Unused
prepaid credit expires 12 months from the date
of issue of the invoice. No refund will be made
for unused prepaid credit.
Fixed Price Work
Pak Eagle may agree to perform certain work or
provide a software product for a fixed price in
accordance with an agreed specification. In this
case, the specification is binding and
additional or previously unspecified work will
be to the customer's account. A fifty percent
payment is required prior to commencement, and
the balance payable upon delivery of the
software for User Acceptance Testing. Pak Eagle
conducts all development and testing in an
environment with a default configuration. Delays
resulting in any deployment problems caused by
custom software, hardware or settings on the
clients servers are not covered in a fixed-price
contract.
Requests for Work
Work requested by the Client (including
employees or representatives of the Client), in
written, electronic, or verbal form, is
authorized by the Client. The Client may choose
to work through a "Company-Champion." If so, the
Client must inform Pak Eagle of this decision in
writing. Subsequent to this advice the Company
Champion has sole authority to request billable
work. All requests that the company champion is
CC'd on are considered authorized.
Uninvited Solicitation
Direct or uninvited solicitation of an Pak Eagle
employee by the client is prohibited unless
authorized in writing by Pak Eagle. The client
warrants that will the client solicit the
employee, thereby breaching the prohibition, the
client will pay damages to Pak Eagle of an
amount proportionate to 21% +GST of the total
remuneration package offered to the employee
plus liquidated damages of 4 (four) weeks pay +GST
of the total remuneration package.
Warranty
A 30 day warranty begins upon delivery of any
fixed price job. No warranty applies to work
done on an hourly basis, this includes bug
fixing. Pak Eagle and its suppliers disclaim all
other warranties, either express or implied,
including, but not limited to implied warranties
or merchantability and fitness for a particular
purpose, with regard to the software, the
accompanying written materials, and any
accompanying hardware.
Support Contract
Pak Eagle offers support contracts.
For more information, see
Pak Eagle Website.
Bugs
A reproducible coding error that causes an
unexpected defect, fault, flaw, or imperfection
in a computer program. In other words, if any
Pak Eagle software does not perform as the
developers intended, it is most likely a bug. -
Any unspecified feature or modification is not a
bug, and will be reviewed for addition to a
future release at the developer's discretion.
For more information, see
What is/is not a "Bug?"
Source Code Ownership
The Client is granted a non exclusive,
transferable, perpetual Pakistan right and
license to use, deploy and modify the software
within the Client's group of companies for the
Client's own internal purposes. Pak Eagle
reserves the right to use generic code from
other projects as part of the Client's project.
Pak Eagle reserves the right to use generic code
from the Client's project in future projects.
Some projects contain Pak Eagle Framework code
that is common to other projects.
Fixed Price
Work
Pak Eagle may agree to perform certain work or
provide a software product for a fixed price in
accordance with an agreed specification. In this
case, the specification is binding and
additional or previously unspecified work will
be to the customer's account. A fifty percent
payment is required prior to commencement, and
the balance payable upon delivery of the
software for User Acceptance Testing. Pak Eagle
conducts all development and testing in an
environment with a default configuration. Delays
resulting in any deployment problems caused by
custom software, hardware or settings on the
clients servers are not covered in a fixed-price
contract.
Jurisdiction
These terms and
conditions are governed by and to be interpreted
in accordance with relevant Indian laws, both
substantive and procedural. In the event of any
dispute arising in relation to these terms and
conditions or any dispute arising in relation to
the website whether in contract or tort or
otherwise the Pakistan courts will have
exclusive jurisdiction over such dispute.
