Terms and Conditions

1. About Tkmonk and these terms

These Terms and Conditions govern access to tkmonk.com, including its blog, and the supply of services when incorporated into an accepted proposal, statement of work or service agreement. “Tkmonk”, “we”, “us” and “our” mean the business operating under the Tkmonk name. “Client”, “you” and “your” mean the person or organisation using the website or purchasing services, as the context requires.

Tkmonk is based in Pakistan and serves clients in the UAE and worldwide. Business enquiries may be sent to info@tkmonk.com or made by telephone at +92 312 8290757. The legal supplier and correspondence address for a particular engagement will be identified in its written project agreement or invoice. References to Tkmonk do not imply a separate registered company where no such entity is identified.

2. Website use and project agreements

You may browse public website content for lawful purposes. Any restrictions on website use apply subject to applicable law. A website visit or initial enquiry does not, by itself, purchase a service, establish a project timetable or authorise chargeable work. Paid work begins only under a written agreement accepted by authorised representatives, including clearly recorded electronic acceptance where legally valid.

Project terms must be provided before acceptance. Where documents conflict, a signed project agreement takes priority, followed by its accepted statement of work and approved change orders, then these terms. A Privacy Policy explains personal-data handling; it does not replace a required data-processing agreement. Mandatory legal rights prevail over all project documents.

3. Services and scope

Depending on the accepted scope, Tkmonk may provide UI/UX research, wireframes, Figma interface design, website and ecommerce design, branding, logo and graphic design, animation, digital marketing, app or website development, CMS work, portals or hosting-related services. Advertising a capability does not mean it is included in every project.

The proposal should identify deliverables, page or screen counts, platforms, languages, integrations, revision rounds, responsibilities, exclusions and acceptance criteria. A design-only engagement does not include implementation, hosting, copywriting, stock assets, app-store publication or ongoing maintenance unless expressly included. Prototypes demonstrate agreed interactions and are not necessarily production software.

4. Authority and client responsibilities

You must have legal capacity to contract and authority to act for the organisation purchasing services. You are responsible for the accuracy of your instructions, business information and supplied materials, and for obtaining approvals from your stakeholders.

Please appoint a primary contact who can consolidate feedback and identify the person authorised to approve work and costs. Supply agreed content, brand assets, requirements and suitable access on time. Do not provide passwords through public forms; use an agreed secure method and grant only necessary access. Tkmonk remains responsible for its own agreed professional obligations.

5. Proposals, pricing and payment

The accepted proposal or invoice must state the price, billing currency, payment milestones, due dates, applicable taxes, third-party costs and any initial payment required. Budget ranges shown in an enquiry form are indicative choices, not quotations. A quotation remains open for the period stated in it; otherwise, its availability should be reconfirmed before acceptance.

No standard deposit percentage, automatic interest rate or blanket non-refundable fee is imposed by these website terms. Such provisions require express agreement and must be lawful. We will not undertake additional paid work solely because an informal discussion suggested it might be useful. If an invoice appears incorrect, contact us promptly with the disputed items so the parties can address the issue in good faith.

6. Third-party expenditure and recurring charges

Domain registration, hosting, fonts, stock media, software licences, advertising spend, payment processing and external subscriptions may carry separate charges. The proposal should identify who purchases these services, owns the account, pays renewals and manages cancellation. Commitments made on your behalf require the agreed authority.

Renewal periods, cancellation deadlines and any automatic renewal must be disclosed and accepted where required. A one-off design fee does not silently include indefinite software subscriptions or future third-party price increases. Supplier refunds and cancellation restrictions may affect recoverable costs, subject to applicable consumer rights.

7. Timelines, dependencies and delays

Schedules depend on scope, content readiness, feedback, approvals and third-party availability. General website estimates are guidance, not a guaranteed deadline for every engagement. Binding deadlines and any agreed consequences of delay must be recorded in the project agreement.

If a dependency changes, the parties should promptly discuss its impact and record a revised schedule. We will communicate material delays within our knowledge. Client delay does not automatically approve unfinished work or entitle us to an undisclosed fee. If a project must be paused, rescheduling arrangements and any additional cost require a reasonable explanation and agreement.

8. Revisions and changes in scope

Tkmonk's published process provides structured revision rounds at major milestones and an estimate before substantial out-of-scope changes proceed. The project agreement should define the included rounds and how consolidated feedback is supplied. Minor adjustments should be handled consistently with that agreed scope and the published revision process.

A new concept, additional page, language, feature, integration or reversal of an approved direction may require a change order. We will explain the effect on price and timing and obtain approval before beginning chargeable extra work. Correcting our failure to meet agreed requirements is distinct from adding a new requirement.

9. Review, testing and acceptance

You will have a reasonable opportunity to review deliverables against the agreed requirements. Feedback should identify the affected item and explain the requirement it does not meet. We will address substantiated nonconformities within the scope of our obligations.

The project agreement should specify review periods, approval methods and any staged acceptance procedure. These website terms do not treat silence alone as acceptance. Approval of a design confirms the reviewed direction; it does not waive undiscovered defects or non-excludable rights. Development work should be reviewed in an appropriate staging environment before launch where included in the scope.

10. Client materials and permissions

You retain your existing rights in content, logos, data and other materials you supply. You grant us permission to use, reproduce and adapt those materials only as reasonably required to perform the project and meet lawful recordkeeping obligations.

You must have the rights and permissions needed for the intended use, including permissions for photographs, testimonials, trademarks and personal data. We may ask for clarification if material appears unlawful or unauthorised. We may decline to publish or process content that reasonably appears to infringe rights or expose either party to unlawful conduct.

11. Ownership of project deliverables

The written project agreement should identify which original final deliverables are assigned to you and which are licensed, together with the effective transfer point. Unless otherwise agreed, any agreed transfer of our rights in specifically commissioned final deliverables is conditional on payment of the fees due for those deliverables. Transfer applies only to rights we own and can lawfully transfer.

Working drafts, rejected concepts, research materials, internal methods and pre-existing tools are not automatically transferred merely because they were used during the project. If a retained element is incorporated into a final deliverable, the agreement should provide the licence needed to use that deliverable as intended. Statutory rights and non-transferable rights are unaffected.

12. Source files and third-party licences

Editable Figma files, vector artwork, code repositories, exports, credentials and documentation will be delivered as specified in the accepted scope. Requests for additional formats or conversion work should be agreed before handover. Delivery does not transfer ownership of third-party software, fonts or stock media.

Third-party and open-source components remain governed by their respective licences, which may include attribution, distribution or subscription requirements. We should identify material usage restrictions relevant to your intended use. You are responsible for licences purchased directly by you; we remain responsible for commitments we expressly accept.

13. AI-assisted tools and creative assets

If AI-assisted writing, coding, imagery or other generative tools are proposed, their material use, disclosure requirements and relevant restrictions should be agreed for the project. These terms do not grant permission to upload confidential information or personal data to an external AI service.

Generated assets may have legal or practical limits relating to exclusivity, copyright protection, similarity and factual accuracy. We will not represent a generated concept as genuine client work or verified evidence. Specialist trademark clearance and legal review are separate from design approval unless expressly included. Provider usage terms and approved data-handling arrangements must be respected.

14. Confidentiality and white-label work

Each party must use the other's non-public business information only for the agreed engagement and disclose it only to people who need it and are subject to appropriate confidentiality duties. This does not cover information lawfully public, independently developed or properly obtained without restriction. Legally compelled disclosure may occur, with notice where lawful and practicable.

White-label engagements should identify permitted client contact, branding and disclosure restrictions in writing. We will not treat these terms as permission to publicise confidential agency relationships. Confidentiality obligations continue for as long as the information requires protection under the agreement or applicable law.

15. Portfolio and publicity

These terms do not grant blanket permission to publish your confidential work, name, logo, testimonial or performance information. Portfolio or case-study use requires the permission agreed with you and remains subject to confidentiality, third-party rights and any launch restrictions.

Where permission is granted, the parties should identify what may be shown and when. Neither party should imply the other's endorsement, invent results or disclose private project data. A white-label or NDA commitment takes priority over general publicity arrangements.

16. Personal data in client projects

Where a project involves personal data about your customers, staff or users, the parties must establish their respective roles, permitted purposes, security requirements, access arrangements and any required processing agreement before transferring that data. Supplying a dataset does not authorise unrelated use.

You remain responsible for instructions and notices within your control; we remain responsible for obligations that apply to our own processing. Use anonymised or synthetic test data wherever practicable. Data retention, deletion, subcontractors and international transfers should be addressed in the relevant agreement rather than left to a general website clause.

17. Marketing, SEO and business outcomes

Design, SEO and marketing services depend on factors beyond the appearance of a website, including your offer, market, competition, advertising platforms, content and implementation. Unless an express and lawful commitment states otherwise, we do not guarantee search positions, indexing, sales, conversion increases, followers or advertising approval.

We remain responsible for delivering the agreed work with the required standard of care. Objectives and reporting methods should be defined before work begins. You approve commercial claims and offers relating to your business; neither party may require misleading testimonials, fabricated reviews or unlawful advertising.

18. Launch, hosting and maintenance

Launch responsibilities, backups, domain changes, migration and approval should be documented. Where we provide implementation, the scope should distinguish defects from later enhancements and specify the support period. These terms do not silently create a fixed warranty duration or a paid maintenance subscription.

Hosting availability, backups, restoration, security monitoring and incident support are included only to the extent agreed. An uptime commitment requires a specific service-level agreement. Where accounts are held by you, you should retain appropriate ownership and renewal access. We must cooperate with an agreed handover and must not interfere unlawfully with your unrelated systems or data.

19. Suspension, cancellation and refunds

Either party may request cancellation in writing. For a material breach, the other party should receive a description of the issue and a reasonable opportunity to remedy it where feasible. Immediate restriction may be justified where necessary to prevent unlawful activity, a serious security risk or harm, subject to applicable law and proportionate notice where possible.

Refunds are calculated according to the work completed and the work remaining at the time cancellation takes effect. Tkmonk may retain the agreed value of work properly completed and any separately approved, non-recoverable third-party commitments already incurred. Amounts paid for work that has not been performed will be refunded after that accounting. The entire payment is not automatically forfeited because a project has started.

Where a project is priced by milestones, the agreed milestone values will guide the calculation. If a milestone is only partly complete, we will explain the completed tasks, their reasonable proportion of the agreed fee, and the tasks that remain. Completed work will be valued using the accepted proposal and documented progress, rather than an undisclosed retrospective rate. Charges must not be counted twice.

The refund calculation is the amount paid, less the properly chargeable value of completed work and approved non-recoverable commitments, with any amount already refunded taken into account. If that calculation leaves a positive balance, it is payable to the client. We will provide an itemised explanation on request and seek to resolve any disputed allocation in good faith. Defective or nonconforming work is subject to the applicable correction, refund and other legal remedies; it is not automatically treated as properly completed work.

Any refund due will be processed without unreasonable delay after the calculation and payment details are settled, using the original payment method where reasonably available. A mandatory statutory deadline takes priority. Neither this calculation nor a project-specific cancellation schedule removes a consumer's non-excludable cancellation or refund rights.

20. Warranties and website information

We will perform the agreed services with reasonable care and skill, subject to the applicable agreement and law. Public articles and examples provide general information and are not a substitute for advice specific to your business or a promise of a particular result.

We may maintain or update the website and cannot promise uninterrupted access at all times. We do not exclude responsibilities that the law makes non-excludable. Third-party failures do not excuse our own failure to perform obligations we have expressly accepted.

21. Liability and third-party claims

Each party is responsible for loss attributable to its own breach, negligence or unlawful conduct to the extent provided by applicable law. Both parties should take reasonable steps to reduce avoidable loss. Any exclusion of categories of loss, agreed financial cap or special allocation of risk must be expressly set out in the project agreement and must be legally enforceable.

Nothing excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct or any liability that cannot lawfully be limited. A limitation must not deprive a consumer of mandatory protection. These terms do not impose an unlimited automatic indemnity for every third-party allegation; any indemnity should identify the covered risk, notice procedure, defence arrangements and appropriate limits in the signed agreement.

22. Acceptable use and external links

You must not use the website to submit unlawful material, impersonate others, distribute malware, attempt unauthorised access, interfere with operation or misuse enquiry facilities. We may take proportionate steps to protect the website and preserve evidence of suspected misuse. Lawful research and uses protected by mandatory law are not prohibited by this clause.

External links are provided for convenience. Third parties control their own websites and terms. A link does not automatically establish endorsement or a commercial relationship. Report a broken or suspicious link through our contact details.

23. Events outside reasonable control

An affected party should promptly explain an event outside its reasonable control, its expected effect and reasonable mitigation steps. Obligations are affected only to the extent performance is genuinely prevented or delayed. Routine avoidable staffing or planning problems are not automatically such events.

If disruption continues, the parties should agree revised delivery or an orderly termination and fair accounting for completed and unperformed work. This clause does not automatically excuse payment already properly due or remove mandatory refund rights.

24. Governing law and resolving disputes

Please first send a written description of a dispute and the requested remedy to info@tkmonk.com. The parties should attempt a good-faith resolution. Any mediation, arbitration or exclusive forum must be expressly agreed and legally valid; these website terms do not impose a hidden mandatory arbitration process.

Unless the accepted project agreement expressly provides otherwise, these terms are governed by the laws of Pakistan, subject to applicable conflict-of-laws rules and mandatory protections. Disputes may be brought before the competent courts of Pakistan on a non-exclusive basis. This does not prevent a person from using another court or remedy available under mandatory law. No choice of law or court removes protections that cannot lawfully be waived, including applicable consumer protections in the client’s jurisdiction.

25. Changes, notices and general provisions

Updated website terms apply prospectively from the stated effective date. Material changes to an existing project require agreement where required; posting a new page does not retroactively rewrite a signed contract. Notices should be sent through the contact methods in the project agreement, or to info@tkmonk.com for general website matters.

If a provision is unenforceable, the remainder continues to the extent lawful. A failure to enforce a term once does not automatically waive future enforcement. Neither party may transfer an engagement in a way that unlawfully reduces the other's rights. The accepted project documents contain the parties' agreement on the stated scope, without excluding liability for misleading statements or rights that cannot be waived.

26. Contact

For questions about these terms or a proposed project, contact Tkmonk at info@tkmonk.com, call +92 312 8290757, or use https://tkmonk.com/contact-us. For personal-data matters, also consult https://tkmonk.com/privacy-policy. Contract notices must be addressed to the legal supplier identified in your project agreement.