This Agreement outlines the professional services that Panache Softech Pvt Ltd (Company) will offer to (Client). By using It’s Services, the Client agrees to the conditions in this document.
Panache Softech Pvt Ltd will be working on a (time-frame) contract with (Client), to handle all responsibilities that are related to its web and/or marketing. The Scope of work is as defined in the Invoice sent by the company and paid either partially or in full by Client. The scope is confirmed for the invoice as soon as the first payment is received for the same.
In consideration of Client retaining Panache Softech Pvt Ltd for website services for (Client), it is agreed and covenanted as follows:
1. Compensation and Term
The Client retains Panache Softech Pvt Ltd, and Panache Softech Pvt Ltd agrees to perform the agreed services by email or in written. Term shall be until the agreed upon completion of the agreed work within the time frame specified in the proposal or quote approved in written or by email by the Client.
Date to begin work, target date work is to be completed and first delivery of the website shall be as agreed with the customer. Client is solely responsible for supplying website content, authoring, organization, images in file format unless it has been hired specifically for this purpose and it is stated in the agreed upon specifications. If all text and graphics necessary to complete the work are not received by our company within 30 days from the date of contract the balance of payment may become due and payable upon request. Any products or services not specified in this contract are not required of (Panache Softech Pvt Ltd).
The following fees shall apply:
A payment fee to complete the agreed upon work has been accepted following signature of the contract, approval by email OR upon receiving first payment to the invoice sent by Panache Softech Pvt Ltd to the Client. Depending on the agreed payment schedule, there may be more than two payments. The Client agrees to pay the totality of the remaining payments upon approving the completeness of the work delivered, unless other prior agreement with Panache Softech Pvt Ltd.
The fee quotes may or may not include the cost of domain registration, hosting set up fee, hosting, merchant account, secure online authorization or shopping cart.
It agrees to complete this project within the estimated budget, unless client requires additional work or services not agreed upon, or if client requires multiple design drafts or repeated changes, or more physical meetings that needed, which would significantly increase work required of Panache Softech Pvt Ltd. It will not charge any fees in addition to those specified in this contract without first consulting the client and reaching an agreement regarding this. If it becomes necessary for Panache Softech Pvt Ltd to bring legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including attorney’s fees.
This Agreement shall commence on the date agreed, and shall remain in effect until all obligations under this Agreement have been properly completed.
2. Warranties by Panache Softech Pvt Ltd
Panache Softech Pvt Ltd represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional and competent manner; that it has the power to enter into and perform this Agreement. However, Client will not determine or exercise control as to general procedures, formats or sub-contracting necessary to have these services meet Client’s satisfaction.
Panache Softech Pvt Ltd acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
3. Confidentiality & Non-Disclosure
Panache Softech Pvt Ltd recognizes and acknowledges that this Agreement creates a confidential relationship between Panache Softech Pvt Ltd and Client and that information concerning Client’s business affairs, clients, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information.”
Panache Softech Pvt Ltd agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.
Please read our privacy statement for more on this.
The Client confirms that it owns the rights on or has the permission to use any element of text, graphics, photos, designs, trademarks or other artwork provided for inclusion in the website.
The Custom Code remains the Panache Softech Pvt Ltd’s property and is licensed to the Client only for the purposes of this Agreement. Part of the designs used may be owned by the designers with whom we sub-contract. The Client cannot use the designs for another website nor can the Client transmit the rights of use to a third party without the Panache Softech Pvt Ltd Age’s written consent.
Derivative works, such as plugins or themes may be subject to the same licence or such other licence applicable.
The Panache Softech Pvt Ltd reserves its rights to display and link the Client’s website to its portfolio. The company’s name will appear on the footer of the Website. Should the Client wish to acquire these rights, additional charges as such determined by Panache Softech Pvt Ltd will apply.
Other software used are subject to their respective licenses.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
The failure on the part of Panache Softech Pvt Ltd to require strict adherence by any user of any provision of this Agreement shall not be construed as a waiver in respect of any continuing or subsequent failure to perform or delay or in no way effect the full right to require such performance and/or adherence at any time thereafter.
This Agreement shall be governed by the Laws of the Republic of India and and any dispute in relation thereto shall be submitted to the exclusive jurisdiction of the Indian Courts.
6. Fees, Refunds, Account Suspensions, Etc.
0. Panache Softech Pvt Ltd reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
1. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
2. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
3. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients’ email servers, ISP availability, personal spam filter settings, etc)
4. For All email plans of Panache Softech Pvt Ltd (including reseller and super reseller plan) your email credits “roll over” and do not expire. However, if you do not log in to your account at least once for 2 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.
5. Panache Softech Pvt Ltd shall no guarantee of any open rate, link clicks. its naturally depend on your database and content .
6. we don’t have any policy for change our any email credits plan to “sms” credits plan and sms credits plan to email credits plan. “email” and sms both are totally different way to each other. please don’t ask for that.
7. We shall not have any refund policy for any discount or offer plan.
8. We have 3 days refund policy. if you are not satisfied with our service . then you can ask for refund with in 3 days after date of placing order.you should not have uses of more than 5% of any email credit plan. we need your refund request with in 3 days via via mail with complete reason.we shall refund you 75% of your total value with in 45 days. (not applicable for bulk sms)
9. – Mass Mailing :- Any kind of unsolicited email advertising is not welcomed to our servers. If a client is found to be involved in sending unsolicited email advertising we reserve the right to suspend or terminate users account without notification and no refund will be given.
k. Avoiding Spam Related Problems As an email marketing service provider, we feel it’s our duty to be extra vigilant about preventing spam related abuses. It’s not just bad for the Internet community in general—if illegal and/or abusive spam gets sent from our system, we’d get blocked by all major ISPs, which would make our system useless for the thousands of users who depend on us.
· AOL · Yahoo · Comcast · Earthlink · Hotmail/MSN · Roadrunner · Outblaze · United Online (Juno/NetZero, etc.) · Spamcop
When a recipient clicks their “this is spam” button in their email program, a FBL report is sent to us. We analyze the data, trace it back to the sender that caused the complaint, remove the complainer from the sender’s list, and track future complaints about that campaign. If complaints exceed a reasonable threshold based on list size, we take appropriate action (which sometimes means permanently shutting down a Panache Softech Pvt Ltd account) to keep our servers clean and off blacklists. To prevent this from happening to you, please read section 11(d)(e) and (f) above. o Reporting Abuse We take abuse reports seriously at Panache Softech Pvt Ltd. If you’ve received spam that you think came from a Panache Softech Pvt Ltd user, we want to hear about it. Please report the fact that you received spam from what appears to be a Panache Softech Pvt Ltd user to us by using this reporting page. o Report Bad Senders Every campaign sent from Panache Softech Pvt Ltd has an embedded Campaign Tracking ID (CID) in the email’s header that makes it easy for recipients to report suspected spam.
If the campaign you received does not contain a CID, it didn’t come from Panache Softech Pvt Ltd. It was probably just spoofed to look like it came from Panache Softech Pvt Ltd (something that inevitably happens to everyone online).