The following Terms and Conditions is a legal agreement between Apssinopus Global Services Pvt Ltd., hereafter â€œthe Service Providerâ€, and â€œthe Clientâ€ for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
The Service provider will provide tailor-made services in the domains (including but not limited to) :- marketing support, operational support, data processing, IT consulting, web based application support, software development, etc.
In this legal agreement the terms have the following meanings:-
(a)Any natural individual above 18 years of age or represented by the legal guardian, any artificial (incorporated)entity represented by authorised (by Board /Governing body/ any other form of Management as applicable) signatory and acting intra vires (within the Memorandum of Association or any applicable incorporation mandate regarding allowable scope of activities).
(b) Apssinopus Global Services Pvt Ltd. A company incorporated under Companies Act 1956, India,operating through its Registered Office in India and subjected to applicable legislations in India. Apssinopus is a facilitator and/or liaison agent whereby it understands client needs and analyse the exact client requirement for services/products as such, procures (from its empanelled service providers)such products/services, and make necessary adjustments to such products/services to satisfy client needs. The products/services are tailored/repackaged as & when required but the fundamental character or end use of the same are as per client mandate and as procured from empanelled service providers.
(c) â€˜The Agreementâ€™ â€“ The Contract between the Service Provider and the Client to which these conditions will apply
(d) â€˜The Contractâ€™ â€“ The order form provided by the Service Provider and completed by the Client and returned to the Service Provider, by way of e-mail or post, in order to enter into the Agreement. Receipt of the Order Form must be acknowledged in writing by the Service Provider to accept the Contract and enter into the Agreement.
(e) â€˜Completion of Contract/Deliveryâ€™ â€“ Written notification from the client that the site is satisfactory
This agreement shall apply to all goods/services ordered by the Client from the Service Provider
ACCEPTANCE OF WORK
Quotations are valid for 5 days from date of issue and are based on the Service Providers advertised charges. The Service Provider reserves the right to increase rates in the future. The quotation is subject to amendment if the Client later requests alterations, or requires extra work.
The Service Provider reserves the right to withdraw from the Agreement at any time prior to acceptance of the Contract
100% payment is requested in advance for all websites purchased. Work will commence upon receipt of the Order. All payments by cheque, bankersâ€™ draft, and money order or wire transfers must be made in respective currency as per the country.The customer should bear any charges related to wire transfer
PERMISSION AND COPYRIGHT
Any IPR (intellectual property rights), either the main deliverable or any IPR created as an incidental/ancillary deliverable will be owned by the service provider and may only be commercially reproduced or resold with the permission of the Service Provider.
The Service Provider cannot take responsibility for any copyright infringements caused by materials submitted by the Client. The Service Provider reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The Service Provider will not knowingly permit the use of any illegal or inappropriate material in a website designed or hosted by them and will only create websites in the English language.
In the event that the Service Provider is informed of infringement of copyright, or any other legislation, the Service Provider will immediately take steps to remove such material from either their own website, or from a website which has been produced or hosted by the Service Provider. The Client agrees to absolve and indemnify the Service Provider of any liability, including all actions, proceedings, costs demands and claims arising from any breach in respect of the content in the Clientsâ€™ website, and to assume all responsibility for any violations and legal actions which may arise at any time in the future.
All pages, images, text and code on Service Providerâ€™s website at https://www.apsspro.com is copyrighted material. Clients and any visitors to the Service Providers website may not use any of the pages, images, text or code on the website for use on the Clients or visitors own website or to create a website, templates or Actinic templates without prior permission from the Service Provider.
Copyright of the templates, Reports, studies, survey results, etc. created by the Service Provider for the Client shall be with the Client only by prior written agreement. Without agreement, ownership of designs and all code is with the Service Provider.
The delivered products/services will be consumed or applied only in the environment intimated by client or for the sole purpose as disclosed by client. Any un intimated usage and resale to 3rd party is prohibited and if done, the service provider is not liable to pay damages to any 3rd party or , cannot be made in class action suit filed by any 3rd party in that regard. Service providerâ€™s liability ends with the client with whom the contract is signed.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Service Provider.
Service provider can use the credentials of any particular client delivery and can advertise it as an achievement unless specifically prohibited by the client through written mandate.
Client agrees that Service Provider reserves the right to include any work done for the Client in a portfolio of work.
MATERIAL AND CONTENT
For each LoS (line of service) there will be a predefined Request modality and form of delivery. As per the modus operandi applicable for that particular LoS, client will be requested to provide and explain the requirement and to provide the necessary background data and specifications, based on which the delivery will be made. A sample (so far as practicable) will be shown to the client for pre-delivery confirmation and changes will be incorporated as per pre-delivery client feedback. Once the sample delivery is confirmed, no post-delivery changes can be requested by the client. Any feedback/grievance should be communicated during the sample delivery stage.
Service Provider reserves the right to refuse to handle:
(a) Any media which is unlawful or inappropriate;
(b) Any media which contains a virus or hostile program;
(c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
(d) Any media which constitutes a criminal offence, infringes privacy or copyright
(e) Any other questionable media at Service Providers own discretion
The Client agrees to make available as soon as reasonably possible to the Service Provider all documents required completing the requirements to the agreed standard and within the set deadline. The Service Provider will not be liable for costs incurred, compensation or loss of earnings due to failure to meet agreed deadlines.
The Service Provider will inform the Delivery time before the sign up process. A TAT (Turnaround time) will be provided with a stipulated grace period as per the requirements and services.
LIABILITY AND WARRANTY DISCLAIMER
The Client agrees the Service Provider is not liable for any bugs, performance issues or failure.
The Client agrees the Service Provider is not liable for absence of service as a result of illness or holiday.
The Client agrees Service Provider is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
On handover of files from the Service Provider to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Should the Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Service Provider reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
The Service Provider shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate, even if Service Provider has been advised of the possibility of such damages.
The Client agrees that it is their responsibility to comply with laws and taxes and will indemnify the Service Provider and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Clientâ€™s end.
The Client agrees to use all the Service Providers services and facilities at their own risk and agree to indemnify the Service Provider from any and all demands, liabilities, costs, losses and claims including but not limited to solicitors fees against the Service Provider or itâ€™s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees this indemnification extends to all aspects of the project.
Client also agrees to indemnify the Service Provider against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization.
The Service Provider will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the Clients appointed agents.
The Service Provider and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Service Provider to another party.
We do not store credit card details nor do we share customer details with any 3rd parties.
Service Provider and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) tocontact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
The Service Provider does their best to maintain the accuracy of any personal information supplied to them by the Client, The Client can, however, assist the Service Provider to update and maintain the accuracy of personal information by informing them of any changes to name, address, email address, telephone number or any other relevant personal data.
The Service Provider reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. The Service Provider shall be the sole arbitrator in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of India which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
The Service Providerendeavours to comply with all legislative requirements including Health & Safety at Work, Data Protection etc, and would not knowingly evade any legal business requirements. Where appropriate, and particularly where there is an interaction in the relationship with a client, the Service Provider expects the Client to comply with the legislative requirements for their business.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Service Provider reserves the right to alter these Terms and Conditions at any time without prior notice, by accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
In the unlikely event that a Client should have cause for complaint, the Service Provider asks that the Client first raise the matter directly using the online contact form, giving sufficient information and outlining the grounds for complaint. An initial response to any complaint can be expected within 3 days and a full and considered response to the complaint should be completed within 7 days and any subsequent remedy implemented with the minimum of delay.