Project Agreement

1. Agreement Overview

This Project Agreement ("Agreement") is entered into between Webmarksy ("Agency", "we", "our") and the client identified in the individual project statement of work ("Client", "you", "your"). Together, the parties are referred to as the "Parties." This Agreement, together with the applicable Statement of Work (SOW) and any annexes, constitutes the entire understanding between the Parties regarding the custom web development, premium UI/UX design, and digital agency services to be provided.

By signing a Project Agreement, both Parties acknowledge that they have read, understood, and agreed to the terms herein, which supplement the Webmarksy Terms of Service.

The Client's explicit agreement to all terms set out in this Agreement - including design direction, refund, and service-charge provisions - is required before any project work commences. No project will be started until these terms have been reviewed and agreed by the Client.

2. Statement of Work

Each project engagement is governed by an individual Statement of Work ("SOW") that defines:

• Project Scope: Detailed description of custom web development deliverables, features, pages, and functionality.
• Design Specifications: Premium UI/UX design requirements, brand guidelines, wireframe expectations, and visual direction.
• Design Reference: If the Client does not provide a design reference, brand guidelines, or visual inspiration prior to the design phase, Webmarksy reserves the right to proceed with a design created according to our own professional creative direction and judgment.
• Timeline & Milestones: Key project phases, milestone dates, review windows, and the projected launch date.
• Pricing & Payment Schedule: Total project fee, payment milestones, and invoicing terms as outlined in our payment structure.
• Technology Stack: Platform, framework, CMS, and third-party integrations to be used in the high-converting website build.

Any work outside the defined SOW scope is considered a "Change Order" and will be scoped, quoted, and approved separately before implementation.

3. Project Phases & Workflow

Webmarksy follows a structured, transparent workflow designed to deliver premium web development results on time and on budget:

• Discovery & Strategy: Deep-dive into your business objectives, target audience, competitive landscape, and conversion goals. Output: project brief, sitemap, and strategic recommendation.
• Premium UI/UX Design: Wireframing, prototyping, and high-fidelity design mockups for desktop and mobile. Two rounds of revisions are included per design phase.
• Custom Web Development: Front-end and back-end development using the agreed technology stack. Includes responsive implementation, CMS setup, and third-party integrations.
• Quality Assurance & Testing: Cross-browser testing, performance optimisation, accessibility auditing, and security hardening before launch.
• Launch & Handover: DNS configuration, SSL setup, final performance checks, client training, and full documentation handover.
• Post-Launch Support: Thirty (30) days of complimentary bug-fix support following launch. Extended maintenance retainers available separately.

4. Deliverables & Acceptance

Webmarksy will deliver all items specified in the SOW in accordance with the agreed timeline. Each milestone deliverable is subject to a client review and acceptance process:

• The client has five (5) business days to review each milestone submission and provide consolidated feedback.
• If no feedback is received within the review window, the deliverable is deemed accepted.
• Feedback must be actionable and consolidated in a single communication to avoid scope creep and timeline disruption.
• Two rounds of revisions per phase are included. Additional revision rounds are billed at the standard hourly rate.

5. Change Orders

Changes to the approved project scope - including additional features, design modifications, content changes, or integration requests not originally specified - are managed through a formal Change Order process:

• Webmarksy will provide a written estimate detailing the impact on timeline, cost, and resources.
• No Change Order work will commence until the Client provides written approval of the estimate.
• Approved Change Orders become binding additions to the original SOW.
• Rejected Change Orders do not affect the original project scope, timeline, or pricing.

6. Intellectual Property & Source Code

Upon receipt of full and final payment under this Project Agreement:

• All custom-created deliverables - including custom web development source code, premium UI/UX design files, visual assets, and written content - are assigned to the Client in full.
• The Client receives a perpetual, non-exclusive, worldwide license to use, modify, and distribute all deliverables without restriction.
• Webmarksy retains ownership of all pre-existing tools, frameworks, component libraries, internal methodologies, and general-purpose code used in the delivery process.
• Open-source components are governed by their respective licenses, which will be documented in the project's technical documentation.

7. Hosting, Maintenance & Support

Unless explicitly included in the SOW, hosting, domain registration, SSL certificates, and ongoing maintenance are not included in the project fee. Webmarksy offers optional hosting and maintenance retainers that provide:

• Managed cloud hosting with 99.9% uptime SLA
• Monthly security updates, plugin management, and backups
• Performance monitoring and optimisation
• Priority support with a 24-hour response time
• Up to four (4) hours of content updates per month

Retainer agreements are separate engagements with their own terms, pricing, and cancellation policy.

8. Content & Asset Responsibilities

The Client is responsible for providing all project content including text copy, images, brand assets, logos, and any proprietary media. Unless otherwise agreed:

• Stock photography, premium fonts, and third-party media are licensed and billed separately as project expenses.
• The Client warrants that all provided content does not infringe on third-party intellectual property rights.
• Webmarksy reserves the right to refuse content that is illegal, offensive, or inconsistent with the brand standards of our premium web development portfolio.
• Placeholder content will be used if final content is not received by the agreed-upon deadline.

9. Confidentiality & Non-Disclosure

Both Parties agree to maintain strict confidentiality of all proprietary business information, trade secrets, unreleased products, marketing strategies, financial data, and user data shared during the course of the engagement. This obligation:

• Survives the termination or expiry of this Agreement for a period of two (2) years.
• Applies to all employees, contractors, and subcontractors of both Parties.
• Does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

For projects involving sensitive data, Webmarksy is prepared to execute a separate Non-Disclosure Agreement (NDA) prior to project commencement.

10. Portfolio & Marketing Rights

Unless explicitly restricted in writing, Webmarksy reserves the right to feature completed project work - including screenshots, case studies, and performance metrics - in our professional portfolio, website, marketing materials, and industry submissions. This demonstrates the calibre of our premium UI/UX design and custom web development capabilities. Clients who require project confidentiality may request an NDA before the project commences.

11. Performance Expectations

Webmarksy builds high-converting websites using industry-best practices for speed, SEO, accessibility, and conversion optimisation. However, specific business outcomes - including but not limited to search engine rankings, organic traffic, conversion rates, lead volume, and revenue - are influenced by external factors beyond our control, including market conditions, competition, ad spend, content strategy, and algorithm changes.

Webmarksy does not guarantee specific commercial results but commits to delivering technically excellent, conversion-optimised digital assets designed to perform.

12. Cancellation & Refund Policy

Either Party may terminate this Agreement with fifteen (15) business days' written notice. The financial implications of cancellation:

• All completed and approved work up to the cancellation date is fully payable.
• If the Client requests a refund after work has commenced within two (2) days of the project start date, a fixed service charge of PKR 5,000 will be deducted, and the remaining paid amount will be returned to the Client.
• The initial deposit (50%) is non-refundable under all circumstances, as it covers capacity reservation, discovery, and initial setup costs.
• Milestone payments already invoiced and approved are non-refundable.
• Any outstanding payments become due within fourteen (14) days of the cancellation date.
• Webmarksy will deliver all completed work and project assets within ten (10) business days of receiving final payment.

13. Dispute Resolution

The Parties agree to attempt to resolve any dispute arising from this Agreement through good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration under the applicable rules of arbitration in Pakistan. The arbitration shall be conducted in English, and the decision shall be final and binding on both Parties.

14. Limitation of Liability

Webmarksy's total liability under this Agreement is limited to the total fees paid by the Client for the specific project engagement giving rise to the claim. Under no circumstances shall Webmarksy be liable for indirect, incidental, consequential, or punitive damages, including loss of business, revenue, data, or profit, even if advised of the possibility of such damages. This limitation applies to the maximum extent permitted by applicable law.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Pakistan. The Parties submit to the exclusive jurisdiction of the courts of Pakistan for any proceedings arising from this Agreement, except where arbitration has been elected as the dispute resolution mechanism.

16. Amendments & Entire Agreement

This Agreement, together with the applicable SOW and any approved Change Orders, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. No modification of this Agreement is effective unless made in writing and signed by both Parties.

17. Contact Webmarksy

For questions about this Project Agreement or to begin a new engagement with Webmarksy's premium web development and digital agency team:

• Email: support@webmarksy.com
• Email: nasir@webmarksy.com
• Phone: +92 3415748311