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These terms cover two things: your use of the ficiali.com website (Part A), and the standard terms we work under when you hire us (Part B). Please read them before using the site or accepting a proposal.
Who we are
Ficiali is a trading name of Feroz Khan, a sole proprietor based in Pakistan ("Ficiali", "we", "us"). Our address is Office B25, Rabia City Commercial 2, Block 18, Gulistan-e-Johar, Karachi, Sindh, Pakistan, and you can reach us at info@ficiali.com or +92 304 1346726.
"You" means the person using the website or, for Part B, the business that engages us.
Part A: Using the website
1. Accepting these terms
By using ficiali.com you agree to Part A of these terms. If you don't agree, please don't use the site.
2. Information on the site
The site describes our services, past projects and general views on technology. It's provided for general information. It isn't professional, legal or financial advice, and it isn't an offer to provide services on particular terms. Case studies describe work as it was delivered; results for your project will depend on your circumstances.
We work to keep the site accurate and up to date, but we don't guarantee that everything on it is complete, current or error-free.
3. Acceptable use
You may browse the site, share links to it, and quote short extracts from our articles with a link back to the source. Automated agents and search engines are welcome to read the site within the rules in our robots.txt, and we publish a summary for AI assistants at /llms.txt.
You must not:
- use the site in a way that breaks the law or infringes anyone's rights;
- try to gain unauthorised access to the site, its server or any connected system;
- introduce malware or run load-testing, vulnerability scanning or denial-of-service activity against the site without our written permission;
- copy substantial parts of the site, or present our content as your own.
4. Intellectual property
The text, design, graphics and code of this website belong to Ficiali or are used under licence. Client names, logos and product screenshots belong to their owners and are shown to describe work we've done for them. Nothing in these terms gives you ownership of, or a licence to, any of this material beyond what's described in section 3.
5. Links to other websites
The site links to websites we don't control, such as client products, Calendly, LinkedIn and Clutch. We're not responsible for their content, availability or privacy practices.
6. Availability and liability for the website
The website is free to use and is provided "as is". We may change, suspend or remove any part of it at any time. To the extent the law allows, we're not liable for any loss arising from your use of, or inability to use, the website, or from relying on its content. Nothing in these terms limits liability that can't be limited by law.
7. Privacy
How we handle personal information is explained in our Privacy Policy.
Part B: Working with us
These standard terms apply to proposals, statements of work and projects we agree with you. If a signed proposal, statement of work or contract says something different, that document takes priority over these terms.
8. Enquiries, calls and quotes
Discovery calls are free and don't commit either of us to anything. Quotes and proposals are valid for 30 days unless they say otherwise. An engagement starts when you accept a proposal or statement of work in writing (email is fine) and, where the proposal requires it, pay the first invoice.
9. Scope and changes
The proposal or statement of work sets out what we'll deliver, the timeline and the price. If you'd like to change the scope, we'll tell you in writing how the change affects cost and timing before doing the extra work. Timelines are good-faith estimates and depend on you providing the access, information and feedback described in section 10.
10. Your responsibilities
You agree to:
- give us timely access to the people, systems, data and accounts we need;
- make sure you have the right to share any data, content or materials you give us, and that our use of them for the project won't infringe anyone's rights or break any law;
- review and test deliverables within the agreed review period;
- keep your own backups of systems and data we work on, unless backups are part of our scope.
11. Fees and payment
Fees, payment schedule and currency are set out in the proposal. Unless agreed otherwise, invoices are payable within 14 days. Third-party costs incurred for your project (for example cloud hosting, AI model API usage, app store fees or paid software licences) are your responsibility and are either billed to your own accounts or passed through at cost with your prior approval. If an invoice is overdue, we may pause work until it's paid.
12. Ownership of the work
Once you've paid in full for a deliverable, you own the intellectual property in the code, designs and documents we created specifically for you as part of that deliverable.
We keep ownership of our pre-existing tools, libraries, templates and know-how, and of general improvements we develop that aren't specific to your business. Where any of these are included in your deliverables, we grant you a perpetual, non-exclusive, royalty-free licence to use and modify them as part of that deliverable.
Open-source components remain under their own licences, and third-party services (such as AI model providers, cloud platforms and APIs) are subject to the providers' own terms.
We may mention you as a client and describe the work in general terms in our portfolio, unless you ask us not to or the proposal says otherwise. We never publish your confidential information.
13. Confidentiality
Each of us will keep the other's confidential information secret and use it only for the project, during the engagement and for three years after it ends (or for as long as the information remains a trade secret). This doesn't apply to information that is public, already known to the receiving party, independently developed, or that must be disclosed by law.
14. Personal data in your systems
If we handle personal data on your behalf during a project, we do so only on your documented instructions, keep it secure and confidential, and delete or return it when the engagement ends. We'll sign a data processing agreement with you on request.
15. AI systems
AI models produce probabilistic output and can make mistakes. We design systems with evaluation, monitoring and human review where appropriate, but you remain responsible for deciding how AI output is used in your business, particularly where it affects people, money, health, safety or legal matters, and for complying with the laws that apply to your use of it.
16. Warranty and support
We'll carry out the work with reasonable skill and care, in line with good industry practice. If you report a defect in a deliverable (meaning it doesn't do what the agreed specification says) within 30 days of delivery, we'll fix it at no extra cost. Ongoing support, maintenance and new features after that period are available under a separate support arrangement.
Apart from this, and to the extent the law allows, we don't give any other warranties, including that software will be completely error-free or uninterrupted.
17. Limitation of liability
Neither of us is liable to the other for indirect or consequential losses, or for loss of profit, revenue, data or goodwill.
Our total liability arising out of or in connection with a project is limited to the fees you paid us for that project in the 12 months before the claim arose.
Nothing in these terms limits or excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that can't be limited or excluded by law.
18. Ending an engagement
Either of us can end an engagement by giving 14 days' written notice. Either of us can end it immediately by written notice if the other materially breaches these terms and doesn't fix the breach within 14 days of being asked to. When an engagement ends, you pay for work done up to the end date, and we hand over the work completed so far once it's paid for.
19. Non-solicitation
During an engagement and for six months after it, neither of us will directly hire or engage any employee or contractor of the other who worked on the project, without the other's written agreement.
General
20. Events outside our control
Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, power or internet outages, or actions of governments or third-party providers.
21. Changes to these terms
We may update these terms from time to time by publishing a new version on this page. Changes don't affect engagements already agreed in writing unless we both agree.
22. Governing law and disputes
These terms are governed by the laws of Pakistan. If a dispute arises, we'll first try to settle it by talking. If that doesn't work within 30 days, the courts at Karachi will have exclusive jurisdiction, unless a signed contract between us says otherwise. If you're a consumer, this doesn't take away any mandatory protections you have under the law of the country where you live.
23. Other
If any part of these terms is found to be unenforceable, the rest still applies. If we don't enforce a right straight away, we can still enforce it later. You may not transfer your rights under these terms without our written consent.
Contact
Feroz Khan, trading as Ficiali Office B25, Rabia City Commercial 2, Block 18, Gulistan-e-Johar, Karachi, Sindh, Pakistan info@ficiali.com · +92 304 1346726