Terms of Service

1. About These Terms

These Terms of Service govern your access to www.protomkr.com and your engagement with Protomkr for research, consultancy, product design, engineering, prototyping, manufacturing, testing, sourcing, and related services.

“Protomkr,” “we,” “us,” and “our” refer to [INSERT REGISTERED LEGAL COMPANY NAME], trading as Protomkr, registered with its principal business address at 6th of October City, Giza, Egypt.

“You,” “your,” and “client” refer to the individual or organization visiting the website, requesting a quotation, accepting a proposal, placing an order, or receiving our services.

By using the website, submitting a project, accepting a quotation, making a payment, or instructing us to begin work, you agree to these Terms together with the applicable quotation, proposal, statement of work, invoice, nondisclosure agreement, or project contract.

2. Scope of Services

Protomkr provides custom product-development services that may include:

• Product and technical research.
• Feasibility studies and engineering consultation.
• Concept generation and industrial design.
• Mechanical design and CAD development.
• Electronics, PCB, embedded-system, and firmware development.
• Technical drawings, specifications, and bills of materials.
• Prototype manufacturing and assembly.
• Design for manufacturing and design for assembly.
• Testing and design refinement.
• Supplier, manufacturer, and component coordination.
• Manufacturing preparation and production support.
• Other services specified in an accepted written proposal.

The exact services, deliverables, revisions, exclusions, price, timeline, and payment schedule for each project will be stated in the applicable written quotation or agreement.

3. Quotations and Project Acceptance

Information displayed on the website is general and does not constitute a binding offer.

A project begins only after:

• Protomkr issues a written quotation, proposal, or statement of work.
• The client accepts the applicable commercial terms.
• Any required initial payment has been received.
• Any required documents, project information, approvals, or materials have been provided.

Unless otherwise stated, quotations remain valid for the period specified in the quotation. When no validity period is stated, the quotation may be withdrawn or revised before acceptance.

Any scope, requirement, assumption, or deliverable not expressly included in the accepted quotation is excluded.

4. Client Responsibilities

The client agrees to:

• Provide complete, accurate, and timely project information.
• Clearly communicate the intended function, operating conditions, restrictions, target users, manufacturing requirements, budget, and deadlines.
• Review submitted work and provide consolidated feedback within the requested review period.
• Obtain any third-party permissions needed for materials supplied to Protomkr.
• Ensure that instructions and requested products comply with applicable laws and do not infringe third-party rights.
• Make payments in accordance with the agreed schedule.
• Perform any client-side testing, regulatory assessment, certification, or specialist review required for the intended market.
• Inform Protomkr promptly when requirements or assumptions change.

Protomkr is not responsible for delays, additional costs, or performance issues resulting from incomplete, inaccurate, conflicting, or late information provided by the client.

5. Project Scope and Changes

Each project is performed according to the accepted scope.

A request constitutes a scope change when it introduces new requirements, changes previously approved requirements, requires redesigned concepts, adds deliverables, changes the intended product application, requires work beyond the included revisions, or otherwise increases the amount or complexity of work.

Scope changes may require:

• An additional quotation.
• An adjusted project price.
• An updated delivery schedule.
• Additional payments before work continues.

We are not required to begin additional work until the revised scope, price, and schedule have been accepted.

6. Revisions and Approvals

The number of revisions included in a project will be specified in the applicable quotation.

A revision means a reasonable modification to work already completed within the originally agreed requirements. A revision does not include a new product direction, a new concept, substantial redesign, additional deliverables, or changes caused by information that was not previously supplied.

The client is responsible for reviewing deliverables carefully. Approval may be given expressly in writing or inferred where the client instructs us to proceed to the next stage based on the submitted work.

Changes requested after approval may be treated as additional work.

7. Fees, Taxes, and Payment

Project prices and payment schedules are stated in the applicable quotation or invoice.

Unless otherwise agreed:

• Payments are non-refundable once the corresponding work has begun.
• Bank fees, currency-conversion costs, payment-platform fees, customs duties, taxes, and import charges are the client’s responsibility unless expressly included.
• Protomkr may suspend work when a payment becomes overdue.
• Delivery of final editable files, manufacturing files, source files, prototypes, or intellectual-property rights may be withheld until all applicable invoices have been paid in full.
• Late payment may result in revised delivery dates and additional storage, remobilization, or administrative costs.

Prices are based on the information available when the quotation is prepared. Additional costs caused by changed requirements, supplier price changes, component shortages, new testing requirements, failed third-party components, or circumstances outside the accepted scope may be separately charged after notifying the client.

8. Estimated Timelines

Project timelines are estimates unless a written agreement expressly states that a deadline is guaranteed.

Timelines may depend on:

• Timely receipt of client information, feedback, approvals, and payment.
• Complexity and technical uncertainty.
• Availability of materials, components, machines, laboratories, suppliers, and manufacturers.
• Prototype test results and required iterations.
• Shipping, customs, and regulatory processes.
• Events outside Protomkr’s reasonable control.

Where a delay occurs, Protomkr will make reasonable efforts to communicate the impact and provide an updated estimate.

9. Product-Development Risk

The client acknowledges that research, innovation, engineering development, and prototyping involve uncertainty.

A concept may require multiple development cycles before achieving the desired performance. Prototype parts may differ from mass-produced parts in appearance, material, finish, strength, accuracy, reliability, or manufacturing method.

Unless expressly guaranteed in writing, Protomkr does not guarantee that:

• A proposed concept will achieve every desired outcome.
• The first prototype will be the final production solution.
• A product will pass a specific certification or regulatory process.
• A product can be manufactured at a particular unit price or production volume.
• A patent will be granted or that the product is free from all third-party intellectual-property rights.
• Suppliers or manufacturers will maintain quoted prices, lead times, or component availability.

Protomkr will perform its agreed services with reasonable professional care, but payment is made for the professional work, time, expertise, and agreed deliverables rather than for a guaranteed commercial outcome.

10. Prototypes and Manufacturing

Where Protomkr coordinates prototype or manufacturing work:

• Manufacturing tolerances, appearance, color, texture, and finish may vary depending on the selected process.
• Handmade and prototype components may contain reasonable cosmetic variations.
• Material certificates, inspection reports, special tolerances, or testing are included only when expressly stated.
• Supplier quotations and lead times may change before an order is placed.
• Replacement parts or alternative components may be proposed where specified components become unavailable.
• The client must inspect delivered items promptly and report visible damage, shortage, or manufacturing concerns within the period stated in the applicable agreement.

Minor deviations that do not materially prevent the agreed function will not automatically constitute rejection of a prototype.

11. Testing and Validation

Testing is limited to the tests specifically included in the project scope.

Unless expressly agreed, Protomkr does not provide formal regulatory certification, accredited laboratory testing, clinical validation, legal compliance certification, electrical safety certification, cybersecurity certification, or mass-production quality assurance.

The client is responsible for arranging all additional validation and certification required before commercial sale, clinical use, industrial deployment, consumer use, or production.

A prototype should not be treated as production-ready, safety-certified, medically approved, or fit for unrestricted public use unless this has been confirmed through the required specialist assessments.

12. Regulated and Safety-Critical Products

Products used in medical, healthcare, automotive, aviation, food-contact, childcare, electrical, pressure, lifting, protective, or other regulated or safety-critical applications may require specialist testing, certification, registration, approvals, and professional review.

Unless expressly included in writing, Protomkr’s work does not replace the review or approval of a competent regulatory authority, licensed specialist, certification body, medical professional, or accredited testing laboratory.

The client must not commercially distribute or deploy a regulated product without completing the applicable compliance process.

13. Intellectual Property Supplied by the Client

The client retains ownership of pre-existing materials and intellectual property supplied to Protomkr.

The client grants Protomkr a limited right to use those materials solely to evaluate and perform the project.

The client represents that it has the necessary rights and permissions to supply and authorize the use of all drawings, photographs, CAD files, trademarks, software, product samples, documents, and other materials it provides.

The client is responsible for claims resulting from materials or instructions that infringe a third party’s rights.

14. Intellectual Property Created During a Project

Ownership of project deliverables will be determined by the applicable quotation, proposal, or project agreement.

Unless otherwise stated in writing:

• Ownership of specifically commissioned and fully paid final deliverables transfers to the client after Protomkr receives full payment.
• Protomkr retains ownership of its pre-existing knowledge, general engineering methods, reusable tools, templates, processes, libraries, calculations, workflows, skills, and know-how.
• Third-party software, components, fonts, stock assets, libraries, or licensed materials remain subject to their original licence terms.
• Preliminary concepts, rejected alternatives, internal working files, calculation tools, manufacturing methods, and materials not listed as deliverables remain Protomkr’s property.
• No ownership or licence transfers for unpaid work.

The transfer of deliverables does not itself constitute a legal opinion regarding patentability, freedom to operate, registrability, or non-infringement.

15. Confidentiality

Each party agrees to use reasonable care to protect confidential information received from the other party and to use it only for the project or another authorized purpose.

Confidential information does not include information that:

• Is publicly available without a breach of obligation.
• Was lawfully known to the recipient before disclosure.
• Is received lawfully from another source without a confidentiality restriction.
• Is independently developed without using the disclosed confidential information.
• Must be disclosed by law, court order, or regulatory authority.

A separate signed nondisclosure agreement will prevail where it conflicts with this general confidentiality section.

16. Portfolio and Publicity

Protomkr will not intentionally publish confidential technical information or disclose a client’s unpublished invention without permission.

Unless otherwise agreed, Protomkr may request permission to display non-confidential images or descriptions of completed work in its portfolio, website, presentations, or marketing materials.

No confidential project will be published where the client has expressly prohibited publication or where a separate nondisclosure agreement prevents it.

Client names, trademarks, and commercially sensitive project details will be used publicly only with appropriate permission or where they are already lawfully public.

17. Third-Party Suppliers

Protomkr may use third-party suppliers, manufacturers, laboratories, contractors, consultants, software platforms, shipping providers, and specialists.

Protomkr will exercise reasonable care in selecting and coordinating third parties but is not responsible for circumstances outside its reasonable control, including supplier closure, material shortages, shipping delays, customs delays, carrier damage, platform outages, or changes in third-party pricing.

Where legally permissible, claims relating to third-party manufactured components may be limited to the remedies made available by the responsible supplier.

18. Shipping, Customs, and Risk of Loss

Shipping arrangements will be stated in the quotation or invoice.

Unless otherwise agreed:

• Delivery dates are estimates.
• The client is responsible for customs clearance, import permissions, taxes, duties, and local charges.
• The client must provide accurate delivery details.
• Insurance is included only when expressly stated.
• The client must document and report shipping damage promptly so that a carrier claim may be submitted.

Ownership, responsibility, and risk relating to shipped items will be determined by the applicable quotation, agreed shipping terms, and mandatory law.

19. Cancellation and Suspension

The client may request cancellation in writing.

Where a project is cancelled:

• The client must pay for work completed, committed materials, supplier charges, non-cancellable orders, and other costs incurred up to the cancellation date.
• Previously paid amounts may be applied to those costs.
• Refunds, where applicable, will be calculated after deducting completed work and committed costs.
• Partially completed or editable work may be withheld until all outstanding amounts have been paid.

Protomkr may suspend or terminate a project where:

• Payment is overdue.
• Required information or feedback is not provided.
• The client requests unlawful, unsafe, deceptive, or infringing work.
• Continued performance would expose Protomkr or another person to unreasonable technical, legal, financial, or safety risk.
• The client materially breaches an applicable agreement.

20. Website Use

You may use the website only for lawful purposes.

You must not:

• Attempt to gain unauthorized access to the website, servers, forms, or systems.
• Introduce malicious code, automated spam, or harmful content.
• copy or exploit website content in violation of intellectual-property laws.
• Submit false, deceptive, unlawful, defamatory, or infringing materials.
• Misrepresent your identity or authority to act for an organization.
• Use the website in a way that disrupts its operation or harms another person.

21. Website Content

Website information is provided for general informational purposes. Portfolio examples do not guarantee that the same process, result, cost, or timeline will apply to another project.

We make reasonable efforts to keep the website accurate but do not guarantee that all information will always be complete, current, error-free, or continuously available.

Project decisions should be based on the applicable written quotation and agreement rather than general website statements.

22. Warranties

Protomkr warrants that it will perform the expressly agreed professional services with reasonable care and skill.

Except for warranties expressly stated in writing or required by mandatory law, services and deliverables are provided without additional express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, commercial success, regulatory approval, or non-infringement.

Nothing in these Terms excludes a right or warranty that cannot legally be excluded.

23. Limitation of Liability

To the maximum extent permitted by applicable law, Protomkr will not be liable for indirect, incidental, special, punitive, or consequential losses, including loss of profit, revenue, opportunity, production, anticipated savings, business, reputation, or data.

To the maximum extent permitted by law, Protomkr’s total aggregate liability arising from a particular project will not exceed the amount actually paid to Protomkr for the specific project stage or service giving rise to the claim.

These limitations do not apply where liability cannot legally be excluded or limited, including liability resulting from fraud, deliberate misconduct, or any other liability that mandatory law requires to remain unrestricted.

24. Indemnification

To the extent permitted by law, the client agrees to indemnify Protomkr against third-party claims, losses, and reasonable costs arising from:

• Client-supplied materials that infringe third-party rights.
• Misuse, modification, manufacture, sale, or deployment of deliverables outside the agreed purpose or without required validation.
• False or unlawful information supplied by the client.
• The client’s breach of these Terms or the applicable project agreement.

This section does not apply to the extent that a claim was directly caused by Protomkr’s proven breach, fraud, or deliberate misconduct.

25. Complaints

Clients should send complaints to info@protomkr.com and include the project reference, relevant documents, and a clear description of the concern.

We will review the complaint and seek to respond within a reasonable period. Nothing in this section limits any mandatory consumer-protection right or the right to contact an appropriate regulatory or judicial authority.

26. Force Majeure

Neither party will be responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil disturbance, epidemics, government restrictions, fire, flood, power failure, telecommunications failure, cyberattacks, labour disruption, transportation disruption, customs delay, shortage of materials, or supplier failure.

The affected party will make reasonable efforts to reduce the impact and resume performance when reasonably possible.

27. Electronic Communications

The parties agree that quotations, approvals, instructions, notices, invoices, contracts, and other project communications may be exchanged electronically.

Electronic acceptance, email confirmation, payment, electronic signature, or another clear indication of agreement may constitute acceptance to the extent recognized by applicable law.

28. Priority of Documents

Where different project documents conflict, the following order of priority applies unless expressly agreed otherwise:

• A specifically signed project contract or statement of work.
• A signed nondisclosure or intellectual-property agreement, but only for its relevant subject matter.
• The accepted quotation or proposal.
• These Terms of Service.
• General website content.

29. Governing Law

These Terms and any related non-contractual obligations are governed by the laws of the Arab Republic of Egypt, without prejudice to any mandatory consumer-protection rights that apply to the client.

30. Dispute Resolution and Jurisdiction

The parties will first attempt in good faith to resolve a dispute through written communication and commercial negotiation.

Where the dispute is not resolved, it will be submitted to the competent courts of Egypt, unless the parties have expressly agreed in writing to another valid dispute-resolution procedure.

Nothing in this section prevents either party from seeking urgent protective or injunctive relief from a competent court.

31. Severability

Where any provision of these Terms is found invalid or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

32. No Waiver

A failure or delay in exercising a contractual right does not constitute a waiver of that right.

33. Assignment

The client may not assign a project or its rights under an agreement without Protomkr’s prior written approval.

Protomkr may assign an agreement as part of a genuine corporate restructuring, financing, merger, or transfer of its business, provided that doing so does not unlawfully reduce the client’s rights.

34. Changes to These Terms

We may update these website Terms periodically. Updated Terms will apply from the date published and will not retroactively alter an already accepted project agreement unless the parties agree otherwise or the change is required by law.

35. Contact Information