Master Service Agreement

1. Agreement structure

This Master Service Agreement (MSA) is entered into between Smart Energy Marketplace (“Smart Energy”, “we”, or “us”) and the business customer or seller accepting it (“Customer”). It governs access to and use of smartenergy.pk platform services such as seller profiles, product and service listings, quote tools, and related marketplace features.

Order forms, seller onboarding confirmations, advertising packages, and written statements of work are incorporated by reference. If there is a conflict, a signed order form or SOW controls for that engagement; otherwise this MSA, then the Terms of Service, then the Privacy Policy and Data Processing Agreement apply as relevant.

2. Services

Smart Energy provides software and marketplace services that help Customers present offerings to buyers, receive enquiries, and manage storefront information. Unless expressly stated in writing, Smart Energy does not supply the Customer’s solar products, perform installation, or guarantee sale volumes.

3. Customer obligations

• Provide accurate business, contact, listing, and pricing information and keep it current.
• Comply with applicable Pakistani laws, tax rules, consumer protection requirements, and platform policies.
• Respond to genuine buyer enquiries in good faith and fulfil accepted quotations according to agreed terms.
• Not upload unlawful, misleading, infringing, or harmful content.
• Maintain account security and restrict credentials to authorised staff.

4. Fees and payment

Marketplace listing access may be free or paid depending on the plan offered at the time. Advertising, featured placement, verification, or other paid services are charged as described in the applicable order form or invoice. Fees are due by the stated due date. Late or failed payment may result in suspension of paid features. Except where required by law or stated otherwise in writing, prepaid fees are non-refundable once the service period has started. See also our Refund Policy.

5. Service levels and support

We aim to keep the platform available and usable, but do not guarantee uninterrupted access. Planned maintenance, hosting issues, or force majeure events may cause downtime. Support is provided through published contact channels during ordinary business hours unless a separate support plan is agreed.

6. Intellectual property

Smart Energy retains all rights in the platform software, branding, and original site content. Customer retains rights in its business content, trademarks, and product materials uploaded to the storefront. Customer grants Smart Energy a non-exclusive licence to host, display, and promote that content for marketplace purposes during the term of this MSA.

7. Confidentiality

Each party will protect the other’s non-public business information received under this MSA and use it only to perform obligations or exercise rights under the agreement, except where disclosure is required by law or already public without breach.

8. Data protection

Personal data processing is governed by the Privacy Policy and, where Smart Energy acts as processor for Customer tools, the Data Processing Agreement. Customer is responsible for lawful collection and use of buyer data it receives through enquiries.

9. Warranties and disclaimers

Each party warrants it has authority to enter this MSA. The platform is provided on an “as available” basis. To the fullest extent permitted by law, Smart Energy disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement regarding marketplace outcomes, third-party products, and seller or buyer performance.

10. Limitation of liability

To the fullest extent permitted by law, Smart Energy is not liable for indirect, incidental, special, or consequential damages, or lost profits, revenue, or data arising from use of the platform. Smart Energy’s aggregate liability under this MSA for paid services in a twelve-month period is limited to the fees paid by the Customer to Smart Energy for those services in that period, except where liability cannot be limited under Pakistan law.

11. Term and termination

This MSA starts when the Customer accepts it (including by creating a seller account or signing an order form) and continues until terminated. Either party may terminate for convenience on written notice where no fixed paid term applies, or at the end of a paid term if not renewed. Either party may suspend or terminate for material breach if not cured within a reasonable period after notice, or immediately for fraud, illegality, or security risk. On termination, Customer access to paid features ends and outstanding fees become due.

12. Changes

We may update this MSA for platform, legal, or commercial reasons. Material changes will be reflected on this page with a revised date. Continued use of platform services after the effective date constitutes acceptance, unless a signed order form states otherwise for that engagement.

13. Governing law

This MSA is governed by the laws of Pakistan. Courts in Faisalabad, Pakistan have exclusive jurisdiction, subject to any mandatory protections that cannot be waived.

14. Contact

For MSA questions: Contact Us or info@smartenergy.pk.

Office: Near Over Head Bridge Nishatabad, Sheikhupura Road, Nishatabad, Faisalabad.