Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the website at https://overcept.com and any services provided by OVERCEPT (SMC-PRIVATE) LIMITED ("Overcept", "we", "us", or "our"), a software agency incorporated under the laws of Pakistan with its principal place of business in Islamabad, Pakistan.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Services

Overcept provides software agency services including, but not limited to:

• Custom software development
• Web and mobile application development
• SaaS and product development

The specific scope, deliverables, timelines, and fees for any engagement are agreed upon separately through a written proposal, statement of work, or service agreement ("Project Agreement") signed by both parties. In the event of any conflict between these Terms and a Project Agreement, the Project Agreement shall take precedence.

3. Use of Our Website

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable local, national, or international law or regulation.
• Transmit any unsolicited or unauthorised advertising or promotional material.
• Attempt to gain unauthorised access to any part of the website or its underlying systems.
• Engage in any conduct that disrupts, damages, or impairs the functionality of the website.
• Misrepresent your identity or affiliation when contacting us through the website.

We reserve the right to restrict or terminate access to the website for any user who violates these Terms.

4. Enquiries and Contact Forms

Submitting an enquiry or message through our website does not constitute a binding agreement or create any obligation on the part of Overcept to provide services. An engagement only begins once a formal Project Agreement has been executed in writing by both parties.

5. Payments

Fixed-Price Projects

For fixed-price engagements, payment terms (including deposit, milestone payments, and final payment) will be set out in the relevant Project Agreement. Work will not commence until any agreed upfront payment has been received.

Retainers

For retainer-based engagements, fees are due as specified in the Project Agreement, typically in advance of each billing period. Failure to make timely payment may result in suspension of services.

Late Payments

Invoices not paid by the due date may be subject to a late payment fee as specified in the Project Agreement. Overcept reserves the right to pause or terminate work on any project where payment is overdue, without liability to the client.

6. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with a project ("Confidential Information"), and not to disclose it to third parties without prior written consent. This obligation does not apply to information that:

• Is or becomes publicly available through no breach of this clause.
• Was already known to the receiving party prior to disclosure.
• Is required to be disclosed by law or court order.

Confidentiality obligations survive termination of any project engagement.

7. Limitation of Liability

To the fullest extent permitted by applicable law:

• Overcept's total liability arising out of or in connection with any engagement shall not exceed the total fees paid by the client for the specific project giving rise to the claim.
• Overcept shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Nothing in these Terms limits liability for fraud, gross negligence, or any other liability that cannot be excluded by law.

8. Warranties and Disclaimers

Overcept warrants that services will be performed with reasonable skill and care. Except as expressly stated in a Project Agreement, all services and website content are provided "as is" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Third-Party Links and Tools

Our website may contain links to third-party websites or reference third-party tools and services. These are provided for convenience only. Overcept has no control over the content or practices of third-party sites and accepts no responsibility for them. Linking to a third party does not imply endorsement.

10. Termination

Either party may terminate a project engagement in accordance with the terms set out in the relevant Project Agreement. Upon termination:

• The client shall pay for all work completed up to the date of termination.
• Overcept shall deliver any completed work or work-in-progress materials as agreed.

Overcept reserves the right to terminate or suspend access to its website at any time without notice.

11. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect any changes. Continued use of our website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

12. Governing Law and Disputes

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. Any disputes shall be subject to the exclusive jurisdiction of the courts of Islamabad, Pakistan.

13. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severed from the remaining Terms, which shall continue in full force and effect.

14. Contact Us

If you have any questions about these Terms, please contact us:

OVERCEPT (SMC-PRIVATE) LIMITED
Islamabad, Pakistan
Website: https://overcept.com
Email: contact@overcept.com