Terms of Service
The agreement that governs your use of YMIT Solutions's website and professional services.
Table of Contents
- 1. Acceptance of Terms
- 2. Services Provided
- 3. Client Engagement Process
- 4. Client Obligations
- 5. Fees & Payment Terms
- 6. Intellectual Property
- 7. Confidentiality
- 8. Warranties & Disclaimers
- 9. Limitation of Liability
- 10. Indemnification
- 11. Termination
- 12. Website Use & Prohibited Conduct
- 13. Third-Party Links & Services
- 14. Force Majeure
- 15. Dispute Resolution
- 16. Governing Law & International Clients
- 17. Amendments
- 18. Contact Information
⚠️ Please Read Carefully
These Terms of Service constitute a legally binding agreement. By accessing our website, submitting an inquiry, or entering into a service agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms.
These Terms of Service ("Terms") govern the relationship between YMIT Solutions ("Company", "we", "us", or "our") and any individual or entity ("Client", "you", or "your") who accesses our website, requests information, or engages our professional services. These Terms are supplemental to any signed project agreement, Statement of Work (SOW), or Master Service Agreement (MSA) — in case of conflict, the signed agreement takes precedence.
These Terms are prepared in accordance with the Electronic Transactions Ordinance, 2002 (ETO), the Prevention of Electronic Crimes Act, 2016 (PECA), the Companies Act, 2017, the Contract Act, 1872, and other applicable laws of the Islamic Republic of Pakistan.
Acceptance of Terms
By:
- Accessing or browsing our website at https://ymitsolutions.com;
- Submitting a contact or project inquiry form;
- Engaging YMIT Solutions for any professional services; or
- Creating an account on our internal platform,
you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not use our services.
Under the Electronic Transactions Ordinance, 2002, your electronic acceptance (including clicking, submitting a form, or continued use of our services) shall constitute a valid and legally binding electronic signature under Pakistani law.
Services Provided
YMIT Solutions (FBR NTN: 7265935-1 · PSEB Reg. Z-25-17988/25) is a professional software development company that provides the following services ("Services"):
- Custom Web Application Development — Full-stack development using modern frameworks (Laravel, React, Vue.js, Next.js, etc.)
- Mobile Application Development — Native and cross-platform mobile apps (Flutter, React Native, iOS, Android)
- Enterprise Software — ERP systems, CRM platforms, inventory and HR management systems
- UI/UX Design — User research, wireframing, prototyping, and visual design
- API Development & Integration — RESTful and GraphQL APIs, third-party integrations
- Cloud Infrastructure & DevOps — Server setup, CI/CD pipelines, containerisation (Docker/Kubernetes), cloud deployment
- Software Maintenance & Support — Post-launch support, bug fixes, feature enhancements
- IT Consulting — Technology strategy, system architecture review, digital transformation advisory
Specific deliverables, timelines, and scope are defined in a signed Project Agreement, Statement of Work (SOW), or proposal accepted by both parties.
Client Engagement Process
Our standard engagement process is as follows:
- Discovery: You submit a project inquiry. We assess requirements and schedule a discovery call.
- Proposal: We prepare and submit a written proposal or SOW detailing scope, timeline, deliverables, milestones, and cost.
- Agreement: Upon your written acceptance of the proposal (including electronic acceptance via email), a binding service agreement is formed.
- Advance Payment: Work commences upon receipt of the agreed advance payment (typically 30–50% of total project cost, as specified in the proposal).
- Development & Delivery: Work is delivered in agreed milestones with review periods for Client feedback.
- Final Delivery & Handover: Upon final payment, all agreed deliverables and source code are handed over per the agreement terms.
Any verbal discussions, informal messages, or preliminary conversations do not constitute a binding agreement unless confirmed in a signed or electronically accepted written document.
Client Obligations
To enable successful project delivery, you agree to:
- Provide accurate, complete, and timely project requirements, feedback, content, and approvals;
- Ensure an authorised representative is available for communications and decision-making throughout the project;
- Provide necessary third-party credentials, API keys, hosting access, or other resources as required;
- Respect agreed review and feedback timelines. Delays caused by the Client may result in revised delivery timelines;
- Not use the Services for any unlawful purpose, including in violation of PECA 2016, or to develop systems designed to harm others;
- Maintain the confidentiality of any credentials, access details, or proprietary information shared during the project;
- Make payments in accordance with the agreed payment schedule.
Failure to fulfil Client obligations in a timely manner releases YMIT Solutions from responsibility for resulting delays.
Fees & Payment Terms
Payment Schedule
Payment terms are specified in the project proposal or SOW. Unless otherwise agreed, the default structure is:
- Advance (30–50%): Due prior to commencement of work.
- Milestone Payments: Due upon completion of defined milestones as specified in the project proposal.
- Final Payment: Due upon project completion and before final source code/deliverable handover.
Currency & Taxes
All fees are quoted in Pakistani Rupee (PKR) or USD as specified in the proposal. Fees are exclusive of applicable taxes. Where Pakistani Sales Tax on Services (as applicable under provincial legislation, e.g., Punjab Revenue Authority or Sindh Revenue Board), Income Tax withholding, or other applicable levies apply, the Client is responsible for compliance with such withholding and deduction obligations.
Late Payments
Invoices unpaid after 14 days from due date may accrue a late fee of 2% per month on the outstanding balance. YMIT Solutions reserves the right to suspend active work on any project with overdue invoices until the outstanding balance is settled.
Refund Policy
Advance payments are non-refundable once work has commenced. Payments for completed milestones are non-refundable. If the Client terminates the project after commencement, any work completed to date will be invoiced at the agreed rate and the Client forfeits the advance. Refund eligibility for incomplete deliverables (where the fault lies solely with YMIT Solutions) will be determined on a case-by-case basis and is capped at the amount paid for the undelivered milestone.
Intellectual Property Rights
Client-Owned Deliverables
Upon receipt of full payment for a project, YMIT Solutions assigns to the Client all intellectual property rights in the custom-developed deliverables (including source code, designs, and documentation) created specifically for that project, to the extent permissible under Pakistani law.
Company-Retained IP
The following remain the sole intellectual property of YMIT Solutions and are not transferred to the Client:
- Pre-existing proprietary frameworks, libraries, tools, boilerplates, and methodologies developed prior to or independently of the Client's project;
- General know-how, techniques, and processes used in the delivery of services;
- The YMIT Solutions brand, logo, trademarks, and website content;
- Any open-source components (governed by their respective licences).
Client Content
The Client retains all ownership rights to content, data, trademarks, and materials provided to YMIT Solutions for use in the project. The Client grants YMIT Solutions a limited, non-exclusive licence to use such materials solely for the purpose of delivering the contracted services.
Portfolio Rights
Unless the Client explicitly requests confidentiality in writing, YMIT Solutions reserves the right to include completed projects in its portfolio, case studies, and marketing materials, limited to describing the nature of work performed without disclosing confidential Client data.
Intellectual property disputes shall be governed by the Copyright Ordinance, 1962 and relevant provisions of Pakistani law as may be amended from time to time.
Confidentiality
Both parties agree to keep confidential all proprietary or sensitive information disclosed during the engagement ("Confidential Information"), including but not limited to: business processes, technical specifications, source code, financial data, client lists, and project requirements.
Confidential Information shall not be disclosed to any third party without prior written consent, and shall be used solely for the purpose of delivering the contracted services. This obligation survives termination of the agreement for a period of 3 years.
This obligation does not apply to information that: (a) is or becomes publicly available through no breach of this clause; (b) is independently developed without reference to the Confidential Information; or (c) must be disclosed by law, court order, or government direction.
Where a separate Non-Disclosure Agreement (NDA) has been signed between the parties, it shall take precedence over this clause.
Warranties & Disclaimers
Our Warranties
YMIT Solutions warrants that:
- Services will be performed with reasonable care and skill by qualified professionals;
- Deliverables will materially conform to the agreed specifications at the time of delivery;
- We have the right to provide the services and that the services do not infringe the intellectual property rights of any third party (excluding Client-supplied content);
- Post-delivery, we will correct material defects reported within 30 days of delivery at no additional charge, provided the defect results from our error and the Client has not modified the delivered system.
Disclaimers
Except as expressly stated above, all services are provided "AS IS" and "AS AVAILABLE". YMIT Solutions makes no representations or warranties, express or implied, regarding:
- The fitness of software for any specific business purpose beyond the agreed scope;
- Uninterrupted, error-free, or completely secure operation of delivered systems;
- Accuracy of content or data provided by the Client;
- Third-party services, APIs, or integrations incorporated at the Client's request;
- The performance of the software on hardware or infrastructure not managed by us.
Nothing in these Terms excludes or limits liability that cannot be excluded under Pakistani law.
Limitation of Liability
To the maximum extent permitted under the laws of Pakistan, including the Contract Act, 1872:
- YMIT Solutions's total aggregate liability arising from or in connection with these Terms or any project agreement shall not exceed the total fees paid by the Client for the specific project that gave rise to the claim, in the twelve (12) months preceding the claim.
- Under no circumstances shall YMIT Solutions be liable for: loss of profits, revenue, business, contracts, goodwill, data, or anticipated savings; indirect, incidental, consequential, special, or punitive damages; business interruption losses; or damages arising from third-party services or Client modifications to delivered systems.
This limitation applies regardless of the form of the claim — whether in contract, tort (including negligence), statute, or otherwise — and even if YMIT Solutions has been advised of the possibility of such damages.
These limitations do not apply to: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be excluded under Pakistani law.
Indemnification
You agree to indemnify, defend, and hold harmless YMIT Solutions, its directors, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your violation of these Terms;
- Your misuse of delivered software or services;
- Your breach of any applicable law, including PECA 2016;
- Content, data, or materials you provided that infringe third-party intellectual property rights or violate any law;
- Any claim brought by a third party due to your use of the developed system.
Termination
Termination by Client
The Client may terminate a project engagement by providing 14 days' written notice. Upon termination, the Client is liable to pay for all work completed to the date of termination, calculated at the agreed project rate. The advance is non-refundable.
Termination by YMIT Solutions
We may terminate a project engagement or access to our services immediately upon written notice if:
- The Client materially breaches these Terms or the project agreement and fails to remedy the breach within 7 days of written notice;
- Payment is overdue by more than 30 days;
- The Client becomes insolvent, enters receivership, or ceases business operations;
- Continuing the engagement would require us to violate applicable law.
Effect of Termination
Upon termination: (a) all outstanding fees for work performed become immediately due and payable; (b) YMIT Solutions will deliver all completed work product upon receipt of full payment; (c) each party will return or destroy the other party's Confidential Information; (d) provisions that by their nature survive termination (including IP, confidentiality, liability, and dispute resolution) shall continue to apply.
Website Use & Prohibited Conduct
By accessing our website, you agree not to:
- Use the website for any unlawful purpose or in violation of PECA 2016 or any other applicable law;
- Attempt to gain unauthorised access to our systems, servers, or databases;
- Introduce viruses, trojans, worms, logic bombs, or other malicious code;
- Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
- Scrape, harvest, or extract data from the website using automated tools without our written consent;
- Copy, reproduce, distribute, or create derivative works from our website content without permission;
- Impersonate YMIT Solutions or any of its employees, representatives, or other users;
- Transmit unsolicited commercial communications (spam).
We reserve the right to report any such conduct to the relevant authorities, including the Federal Investigation Agency (FIA) Cybercrime Wing, in accordance with PECA 2016.
Third-Party Links & Services
Our website may contain links to third-party websites or services. These links are provided for convenience only. YMIT Solutions does not endorse, control, or accept responsibility for the content, privacy practices, or availability of such third-party sites.
Where we integrate third-party services (e.g., payment gateways, mapping APIs, cloud storage) into delivered software at the Client's request, the Client acknowledges that such services are governed by those providers' own terms and privacy policies, and YMIT Solutions bears no liability for the availability, accuracy, or conduct of those services.
Force Majeure
Neither party shall be in breach of these Terms, nor liable for any delay or failure in performance, if such delay or failure arises from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemic, pandemic, war, civil unrest, government action or regulation, power outages, internet service disruptions, or acts of terrorism.
The affected party shall notify the other party promptly in writing of the force majeure event and its expected duration. If the force majeure event continues for more than 60 days, either party may terminate the agreement without liability (subject to payment for work completed to date).
Dispute Resolution
Informal Resolution
In the event of any dispute, claim, or controversy arising from these Terms or the services provided, the parties agree to first attempt in good faith to resolve the matter through informal negotiations. A party wishing to raise a dispute shall provide written notice to the other party, and both parties shall have 30 days to attempt amicable resolution before proceeding to formal proceedings.
Mediation
If informal resolution fails, the parties agree to submit the dispute to mediation before a mutually agreed mediator in Pakistan. The costs of mediation shall be shared equally.
Arbitration
If mediation fails or is refused, disputes shall be finally resolved by binding arbitration under the Arbitration Act, 1940 (or any successor legislation) before a sole arbitrator mutually agreed upon by the parties. The seat of arbitration shall be Lahore, Pakistan. Proceedings shall be conducted in English. The arbitral award shall be final and binding.
Emergency Relief
Nothing in this clause prevents either party from seeking emergency injunctive or equitable relief from courts of competent jurisdiction in Pakistan to prevent irreparable harm.
Governing Law, Jurisdiction & International Clients
These Terms and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan.
Subject to the arbitration clause above, each party irrevocably submits to the exclusive jurisdiction of the courts of Lahore, Punjab, Pakistan for any matters not subject to arbitration.
Where the Client is based outside Pakistan, they acknowledge that Pakistani law shall govern the relationship, and they waive any objection to proceedings in Pakistan on grounds of inconvenient forum.
International Clients — Cross-Border Services
YMIT Solutions is a PSEB-registered software export company (Reg. No. Z-25-17988/25), and the substantial majority of our client engagements are international. We have experience delivering projects for clients in the European Union, United Kingdom, United States, Canada, Australia, UAE, Saudi Arabia, and other jurisdictions.
Notwithstanding the choice of Pakistani governing law:
- For clients in the European Economic Area (EEA), we comply with applicable obligations under the EU General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) with respect to personal data processed on your behalf under a project agreement.
- For clients in the United Kingdom, we comply with applicable obligations under the UK GDPR and the Data Protection Act 2018.
- For clients in the United States, we note that our services are offered by a Pakistani software exporter; no specific US state data privacy law (e.g., CCPA) creates direct obligations on YMIT Solutions absent a separate Data Processing Agreement, though we honour reasonable data requests.
- All international contracts are subject to separate project agreements / service agreements which may include jurisdiction-specific addenda, data processing agreements (DPAs), and confidentiality clauses as agreed between the parties.
International clients who require a formal Data Processing Agreement (DPA) or jurisdiction-specific contract addendum should contact us before commencement of services.
Amendments to These Terms
We reserve the right to update or modify these Terms at any time. The revised Terms will be posted on this page with an updated "Last Updated" date. For existing clients with ongoing project agreements, material changes will be notified by email at least 14 days before taking effect.
Your continued use of our website or services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree, you must cease using our services.
Signed project agreements are not affected by updates to these general Terms unless mutually agreed in writing by both parties.
Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
YMIT Solutions
Legal & Compliance
- 📧 Email: support@ymitsolutions.com
- 📞 Phone: +92-300-0443888
- 🌐 Website: https://ymitsolutions.com
- 🏛️ FBR NTN: 7265935-1
- 🏢 PSEB Reg. No.: Z-25-17988/25
Please include "Terms of Service Inquiry" in the subject line for prompt handling.
Legal Disclaimer: These Terms of Service have been prepared in good faith in accordance with Pakistani commercial and technology law as of the effective date. They do not constitute legal advice. For specific legal guidance, consult a qualified Pakistani legal professional. These Terms are governed exclusively by the laws of the Islamic Republic of Pakistan.