Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Action Oriented Corporation “SMC Private Limited”, hereafter referred to as “AOC,” you agree to comply with and be bound by the terms and conditions outlined in this Terms of Service Agreement (the “Agreement”).

2. Services Offered

The Company provides a range of marketing services including but not limited to Email Marketing, Telemarketing, Business Development, design services, Social Media Marketing, Social Media Managing, website design services, staffing, and recruitment solutions.

3. Client Responsibilities

3.1. Accuracy of Information: Clients are responsible for providing accurate and up-to-date information necessary for the delivery of services.

3.2. Compliance: Clients must comply with all applicable laws and regulations related to the services provided by the Company.

3.3. Access Credentials: Clients are responsible for maintaining the confidentiality of any account credentials provided by the Company and for all activities that occur under their account.

4. Payment and Fees

4.1. Payment Terms: Clients agree to pay fees for services as outlined in the Company’s pricing structure. Payment terms, including due dates and methods, will be specified in the relevant service agreement.

4.2. Late Payments: The Company reserves the right to charge interest on overdue payments and suspend services until payment is received.

5. Intellectual Property

5.1. Ownership: The Company retains ownership of all intellectual property, including but not limited to designs, content, and marketing strategies, created during the provision of services.

5.2. Client Materials: Clients grant the Company a non-exclusive, royalty-free license to use client-provided materials for the purpose of delivering services.

6. Confidentiality

6.1. Non-Disclosure: The parties agree to keep confidential any proprietary or confidential information disclosed during the course of the engagement.

6.2. Exceptions: Confidentiality obligations do not apply to information that is publicly available or becomes known to the receiving party through lawful means.

7. Limitation of Liability

The Company shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with the services provided.

8. Termination

Either party may terminate the engagement by providing written notice in accordance with the termination provisions outlined in the service agreement.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Pakistan.

10. Amendments

The Company reserves the right to update or modify these terms at any time. Clients will be notified of any changes, and continued use of the services constitutes acceptance of the modified terms.

11. Miscellaneous

Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the provisions of Arbitration Act, 1940 and Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011.

12. Service Level Agreements (SLAs)

12.1. Performance Metrics: The Company will strive to meet agreed- upon performance metrics as outlined in the service level agreement (SLA). Metrics may include response times, delivery rates, or other relevant key performance indicators.

12.2. Service Credits: In the event of service disruptions or failure to meet SLA metrics, the Company may offer service credits as outlined in the SLA.

13. Data Protection and Privacy

13.1. Data Handling: The Company agrees to handle client data in accordance with applicable data protection laws. Clients are responsible for obtaining necessary consents for the processing of personal data.

13.2. Security Measures: The Company will implement reasonable security measures to protect client data from unauthorized access or disclosure.

14. Indemnification

Clients agree to indemnify and hold the Company harmless from any claims, damages, or liabilities arising out of the client’s use of the services or any breach of this Agreement.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of nature, government actions, or labor disputes.

16. Communication and Support

16.1. Communication Channels: The parties agree on the preferred channels of communication for project updates, issue resolution, and other relevant matters.

16.2. Support: The Company will provide reasonable support to address client queries or issues during the term of the service agreement.

17. Dispute Resolution

Disputes arising from this Agreement will be resolved through negotiation in good faith. If a resolution cannot be reached, the parties agree to pursue mediation or arbitration in accordance with the dispute resolution provisions outlined in the service agreement.

18. Non-Solicitation

During the term of this Agreement and for a specified period after its termination, clients agree not to solicit or hire employees or contractors of the Company involved in the provision of services.

19. Insurance

The Company may maintain professional liability insurance, and clients are encouraged to obtain their own insurance coverage to protect against any potential liabilities arising from the services.

20. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral, related to the subject matter herein.

21. GDPR Compliance

21.1. Data Processing: The Company is committed to GDPR compliance in the processing of personal data. Clients acknowledge and agree to the terms outlined in the Company’s GDPR Compliance documentation.

21.2. Data Subject Rights: Clients understand that data subjects have certain rights under the GDPR, and the Company will assist clients in responding to data subject requests to the extent feasible.

22. Website Terms and Conditions

22.1. Online Platforms: If the Company provides services through online platforms, clients agree to comply with the terms and conditions outlined on the Company’s website or other applicable online platforms.

23. Cookie Policy

23.1. Cookies: Clients acknowledge the use of cookies as outlined in the Company’s Cookie Policy. By using the Company’s services, clients consent to the use of cookies in accordance with the Cookie Policy.

24. Privacy Policy

24.1. Information Handling: The Company agrees to handle client data in accordance with its Privacy Policy. Clients are encouraged to review the Privacy Policy, which outlines how personal information is collected, used, and protected.

25. Incorporation by Reference

This Terms of Service Agreement is to be read in conjunction with the Company’s GDPR Compliance, Website Terms and Conditions, Cookie Policy, and Privacy Policy, all of which are incorporated herein by reference.

26. Severability

If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

27. Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it.

28. Amendments to Incorporated Policies

Clients acknowledge that the Company may update its GDPR Compliance, Website Terms and Conditions, Cookie Policy, and Privacy Policy from timely. Continued use of the services after such updates constitutes acceptance of the modified terms.

29. Electronic Communication

Clients agree to receive communications, including updates, invoices, and notices, electronically from the Company, unless otherwise specified in writing.

30. Contact Information

Clients are responsible for maintaining accurate and up-to-date contact information with the Company for the purpose of effective communication