- Definitions
In these Terms:
- “Company,” “we,” “our,” or “us” refers to CYBERGEM.
- “Client,” “you,” or “your” refers to any individual, business, or organization that accesses our website or engages our services.
- “Services” refers to all technology offerings provided by CYBERGEM, including software development, web and mobile application development, cloud solutions, IT consulting, digital transformation, AI and automation solutions, outsourcing, and technical support.
- “Website” refers to the CYBERGEM website and all associated online platforms.
- Acceptance of Terms
By accessing our website or using our services, you confirm that you have read, understood, and agreed to be bound by these Terms and all applicable laws and regulations.
If you do not agree with these Terms, please discontinue use of our website and services immediately.
- Services
CYBERGEM provides professional technology services including, but not limited to, custom software and web development, mobile application development, cloud consulting and implementation, AI and automation solutions, IT consulting, technical support and maintenance, and resource augmentation and outsourcing.
The specific deliverables, timelines, pricing, and obligations for any engagement will be governed by a separate agreement, proposal, statement of work, or contract executed between the Company and the Client.
- Acceptable Use
You agree to use our website only for lawful purposes. You must not:
- Violate any applicable law or regulation
- Infringe upon any intellectual property rights
- Distribute malicious software or harmful code
- Attempt unauthorized access to any systems or networks
- Interfere with the functionality or security of our website
- Misrepresent your identity or organizational affiliation
We reserve the right to suspend or terminate access for any violation of these conditions.
- Intellectual Property
All content on the CYBERGEM website — including text, graphics, logos, icons, images, software, designs, and documentation — is owned by or licensed to CYBERGEM and is protected by applicable intellectual property laws. No content may be copied, reproduced, distributed, modified, or used without our prior written consent.
Client Project Deliverables
Ownership of project-specific deliverables is governed by the relevant project agreement. Unless otherwise agreed in writing:
- CYBERGEM retains ownership of all pre-existing tools, frameworks, methodologies, libraries, templates, and proprietary technologies.
- The Client receives rights to the final deliverables upon full payment of all agreed fees.
- Client Responsibilities
To enable us to deliver effectively, you agree to:
- Provide accurate, complete, and timely information
- Supply required materials, content, and approvals promptly
- Cooperate throughout project execution
- Ensure you hold the necessary rights to any content or data provided to CYBERGEM
- Review and approve deliverables within agreed timelines
Delays attributable to the Client may affect project schedules and delivery dates.
- Fees and Payment
Fees for services will be set out in the applicable proposal, quotation, contract, or invoice. Unless otherwise agreed in writing:
- Invoices must be paid within the stated payment period.
- Late payments may result in suspension of services.
- We reserve the right to charge applicable late payment fees where permitted by law.
- All fees are non-refundable unless expressly agreed otherwise in writing.
The Client is responsible for all applicable taxes, duties, and government charges unless these are expressly included in the agreed fees.
- Confidentiality
Both parties agree to keep confidential any non-public information disclosed during the course of their business relationship. Confidential information must not be disclosed to third parties except:
- With the other party’s prior written consent
- To authorized personnel or subcontractors who require access for legitimate purposes
- When required by applicable law or legal process
This confidentiality obligation survives the termination of any business relationship between the parties.
- Third-Party Services
Projects may involve third-party products, platforms, APIs, cloud providers, or software components. CYBERGEM is not responsible for:
- Changes made by third-party providers to their products or services
- Service interruptions or outages outside our control
- Third-party pricing changes
- Security incidents affecting third-party systems
- Any third-party terms, policies, or compliance obligations
Clients are responsible for reviewing and accepting the terms applicable to any third-party services used in connection with their projects.
- Disclaimer of Warranties
Our services and website content are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, CYBERGEM disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, continuous availability, and error-free operation.
We do not warrant that our services or software will be entirely free from defects, interruptions, or security vulnerabilities.
- Limitation of Liability
To the fullest extent permitted by law, CYBERGEM shall not be liable for any indirect, consequential, incidental, or special damages, including loss of profits, business opportunities, revenue, data, or business interruption, arising out of or related to the use of our services or website.
Our total liability for any claim arising from a specific service will not exceed the total fees paid by the Client for that service during the twelve (12) months preceding the claim.
- Indemnification
You agree to indemnify and hold harmless CYBERGEM, its directors, employees, contractors, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses arising out of or related to:
- Your use of our services or website
- Any breach of these Terms
- Any violation of applicable laws or regulations
- Any infringement of third-party intellectual property or other rights
- Privacy
Your use of our website and services is governed by our Privacy Policy. By using our services, you acknowledge that personal information may be collected and processed in accordance with that policy and applicable data protection laws.
- Service Availability and Modifications
We may modify, suspend, or discontinue any part of our services or website at any time. We will not be liable for any interruption, delay, or discontinuation resulting from circumstances beyond our reasonable control.
- Termination
We reserve the right to suspend or terminate your access to our services if you:
- Breach any provision of these Terms
- Fail to fulfill payment obligations
- Engage in fraudulent or unlawful activity
- Create legal, security, or operational risks for CYBERGEM or others
Termination does not affect any accrued rights, outstanding obligations, or payment responsibilities.
- Force Majeure
Neither party will be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, power outages, internet disruptions, cyberattacks, government actions, labor disputes, pandemics, or war or civil unrest. Affected obligations will be suspended for the duration of the force majeure event.
- Governing Law and Jurisdiction
These Terms are governed by the laws of Pakistan, without regard to conflict of law principles. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Lahore, Pakistan.
- Changes to These Terms
We may update these Terms at any time. The revised version will be published on our website with an updated effective date. Your continued use of our website or services after changes take effect constitutes acceptance of the updated Terms.
- Contact Us
For any questions or concerns regarding these Terms, please contact: hello@cybergemtech.com