Terms of Service
Last Updated: 21 Apr. 2025
Welcome to AcumenSites! By accessing or using our services, products, or tools, you acknowledge and agree to be bound by these terms of service ('Terms' or 'Agreement'). If you do not agree, you may not use our services, products, or tools. Please read these Terms carefully before subscribing to or using our services, products, or tools.
- Introduction
- For the purposes of this Agreement, Acumen Technologies (SMC-PVT.) Limited, operating under the brand name AcumenSites, shall hereinafter be referred to as 'we,' 'us,' 'our,' or 'Company'.
- Our registered office and principal place of business is located at House No. 315/28, Opp. Usmania Mosque, Nishat Colony, Jail Road, Bahawalpur, Punjab, Pakistan.
- By accessing and using the services, products, or tools made available to you by us, you (hereinafter referred to as the "User" and may also be referred to as “user” or “client”) acknowledge and agree to be bound by these Terms.
- The Company and the User shall each be referred to as a ‘Party’ and collectively as the ‘Parties’.
- Overview
- AcumenSites provides subscription-based Website-as-a-Service (WaaS) solutions and related services and products.
- These Terms govern your use of our services, products, or tools.
- By subscribing to or using our services, products, or tools, you acknowledge and agree to be bound by these Terms.
- Applicability
By purchasing services, products, or tools from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- Eligibility and Registration
- You must be at least 18 years old or of legal age in your jurisdiction to use our services.
- You are responsible for providing accurate registration details and maintaining the security of your account.
- Services
AcumenSites offers the following services:
- Website design & development.
- Managed web hosting & security.
- Ongoing website updates & maintenance.
- Customer & technical support based on your plan.
- Training to use our services, products, or tools as specified in your subscription, subject to training slots availability and applicable terms.
- Additional services as specified in your subscription, subject to availability and applicable terms.
- Subscription and Payment
- Our services are offered on a monthly, quarterly, biannual, or annual subscription basis.
- All payments are processed in advance and are non-refundable unless explicitly stated in our Refund and Cancellation Policy.
- Automatic renewals apply unless you cancel five (5) days before your next billing cycle.
- Failure to make timely payments may result in suspension or termination of services, products, or tools.
- Terms of Usage
You are strictly prohibited from using our products, services, tools, or platform:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state laws, regulations and rules;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or interfere with or circumvent the security features of our service, any related website, other websites, or the internet;
- to upload copyrighted materials without ownership or explicit permission from the rightful owner;
- to collect or track the personal information of others (other than order fulfilment) or spam, phish, pharm, pretext, spider, crawl, or scrape; or
- for any obscene, immoral, or fraudulent activities.
- Termination
- We may change or terminate your access to our products, services and platform, or any online membership(s) with us, with or without notice, at any time, without liability to you, any other user or any third party.
- We reserve the right to terminate your access if, without limitation, you have:
- provided us with false or misleading registration information;
- interfered with other users or the administration of our services or websites;
- upon a request by law enforcement or other governmental authorities;
- otherwise violated these Terms;
- failure to payments; or
- any misuse of our products, services, tools, or platform.
- Cancellations
- You may cancel your subscription at any time through your account dashboard or by contacting customer support.
- After cancellation, your website will be deactivated at the end of your billing cycle unless you request a data transfer.
- We may terminate or suspend your access for violations of these Terms, non-payment, or any misuse of our services.
- User Responsibilities
By subscribing to or purchasing our services, User agrees to fulfill the following responsibilities to ensure the proper execution and delivery of our services:
- Provide Necessary Content & Information
- You must provide all required brand content, including logos, images, text, and other materials necessary for the development of your website or services within seven (7) days of subscription or purchase unless otherwise specified.
- You must submit accurate and complete information about your business, products, or services to facilitate proper implementation.
- Timely Cooperation & Communication
- You are responsible for responding to requests, approvals, and queries from our team in a timely manner.
- Delays caused by your lack of communication may affect our delivery timelines.
- Compliance with Guidelines & Policies
- You must ensure that any content you provide does not violate copyright, trademark, or other intellectual property rights.
- All submitted materials must comply with our Terms of Usage section and legal requirements.
- Account Security & Access Credentials
- You are responsible for maintaining the confidentiality of your account credentials and ensuring authorized personnel manage your account.
- Any unauthorized use or security breach must be reported to us immediately.
- Content Ownership & Licensing
- You confirm that you have the legal rights, ownership, or appropriate licensing for all content submitted to us for use in your website.
- You grant us a limited license to use your content for the purpose of providing the agreed-upon services.
- Approval & Revisions
- You must review and provide feedback on deliverables or drafts within two (2) business days of receiving them. Failure to respond may result in automatic approval or delays.
- Any revision requests beyond the agreed scope may incur additional charges.
- Training Session Availability
- Users must book any included training sessions within thirty (30) days of subscription activation, subject to training slots availability.
- Reporting Issues & Disputes
- Any technical issues, billing disputes, or service concerns must be reported within fourteen (14) days of occurrence to be considered valid for resolution.
- Payments & Billing Compliance
- You are responsible for making timely payments as per your subscription or service Agreement.
- Failure to make payments may result in service suspension or termination.
- Any outstanding payments must be cleared within three (3) days of the due date to avoid service suspension.
- Adherence to Service Scope
- You acknowledge that our services are limited to the scope defined in your subscription or purchase Agreement.
- Any additional requests beyond the agreed scope may require a separate Agreement or additional charges.
By complying with these responsibilities, you help ensure the smooth execution and timely delivery of our services. Non-compliance may result in delays, additional fees, or service termination as per our Terms.
- Provide Necessary Content & Information
- Ownership and Intellectual Property
- We retain ownership of all website templates, designs, and proprietary software used in its services.
- You own your content (text, images, etc.), but not our proprietary design, code or software.
- Upon cancellation, you may request a content export, but website functionality may not be transferable.
- Marketing and Publicity
By using our services, you grant us a non-exclusive, royalty-free, worldwide license to use your company/business name, logo, and brand assets in marketing materials, including but not limited to our website, client showcases, and promotional campaigns. If you wish to opt out, please contact us at info@acumensites.com.
- Indemnity and Limitation of Liability
- You agree to indemnify us, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered through our services, products, or tools for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of our services, products, or tools is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any service, product, or tool made available to you by us meets your specific requirements.
- To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- We reserve the right to not process or cancel an order that you place on our website or with us through other means. This is usually for the following reasons:
- We no longer hold stock of the services, products, or tools that you ordered from us.
- We are unable to deliver services, products, or tools to you due no communication from you.
- You have not timely provided us with the required content as specified in the User Responsibilities section.
- The services, products, or tools that you have ordered are no longer available due to any reason.
- Any reason outside of our control.
- Our maximum liability in any dispute is limited to the amount paid by you for the last payment made for the disputed service, product, or tool OR anything else explicitly stated in our Refund and Cancellation Policy.
- Privacy and Data Protection
- Our Privacy Policy governs how we collect, use, and protect your data.
- We take security seriously but cannot guarantee complete protection against cyber threats.
- Force Majeure
- Neither the Company nor the User shall be liable for any delay or failure to perform its obligations under these Terms if such failure or delay is directly caused by circumstances beyond its reasonable control, including but not limited to acts of God, wars, riots, strikes, accidents, explosions, fires, shortages of labor or materials, labor disputes, government restrictions, equipment failures, acts of terrorism, epidemics, pandemics, cyber-attacks, regulatory changes, or any other unforeseen circumstances beyond the reasonable control of the affected Party (each, a “Force Majeure Event“).
- If a Party is affected by a Force Majeure Event, it shall:
- Promptly notify the other Party in writing upon the occurrence of a Force Majeure Event.
- Take all reasonable steps to mitigate its impact and resume performance as soon as practicable.
- If a Force Majeure Event continues uninterrupted for thirty (30) consecutive days, the non-affected Party may terminate these Terms by providing fourteen (14) days’ written notice to the affected Party.
- Modifications to these Terms
These Terms are effective as of March 25, 2025, and will remain in effect unless modified. Any future changes will take effect immediately upon being posted on this page. We reserve the right to update these Terms at any time without any notice. Users are encouraged to review these Terms periodically, as continued use of our services after updates implies acceptance of the revised Terms.
- Arbitration
The Parties shall attempt in good faith to resolve any controversy or claim through senior level of management. If they are unable to do so within one (1) month, and regardless of the cause of action alleged, any dispute which is not resolved shall be referred to arbitration by a sole arbitrator appointed by mutual agreement of the Parties under the Pakistan Arbitration Act, 1940 as amended and failing such mutual agreement the arbitrator shall be appointed by the Court. Thereafter, the arbitral award shall be binding on the Parties. Each Party shall bear its own attorney’s fees and costs related to the arbitration. The arbitration shall take place in Bahawalpur, Pakistan, and the language of the proceedings shall be English or Urdu.
- Relationship Between The Parties
- The relationship between the Parties is one of independent entities and nothing contained in these Terms shall be construed as constituting or establishing joint venture or relationship of principal and agent between the Parties.
- The Parties will have no authority to make statements, representations or commitments of any kind or take any other action binding the other Parties, except as specifically provided in these Terms.
- Entire Understanding
These Terms constitute the entire understanding between the Parties and supersedes all prior communications, proposals, understandings, and agreements, whether written or oral, related to the subject matter herein.
- Governing Law and Disputes
- These Terms are governed by the laws of the Islamic Republic of Pakistan.
- Subject to the arbitration provisions above, in relation to any legal action or proceedings arising out of or in connection with these Terms, each Party irrevocably submits to the civil jurisdiction of the competent courts of law at Bahawalpur, Pakistan.
- Severability
If a court of competent jurisdiction declares any provision in these Terms invalid or unenforceable, such invalidity or unenforceability shall have no effect on the remainder of the Terms which shall remain in full force and the invalid provision will subsequently be declared to be severed from these Terms. If such invalidity or unlawfulness becomes known or apparent to either Party, then both Parties agree to negotiate promptly in good faith in an attempt to make appropriate changes and adjustments to achieve as closely as possible, consistent with applicable law, the intent and spirit of such invalid or unlawful provision.
- Assignments and Transfers
The Parties acknowledge that they may be consolidated or amalgamated with, merged with or into, or acquired. Only in the event of such consolidation, amalgamation, merger or acquisition, the Parties shall be entitled to assign, novate, delegate, sub-contract, outsource, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under these Terms to the resulting entity or acquiring institution at any time without the prior consent of Parties.
For any questions regarding these Terms of Service, please contact us at info@acumensites.com.
