1. GENERAL : The Terms and conditions contained herein shall comprise and form a complete Agreement (hereinafter referred to as ‘Agreement’) between ZAINEXX TECHNOLOGIES and the client. Any section of the Terms and Conditions suspect invalid, null and void or for any reason becomes unenforceable, shall be suspect severable and shall not influence the validity and enforceability of the remaining clauses of the Terms & Conditions of the Agreement.
2. SERVICES, EXCLUSIONS & PERFORMANCE : The Terms and conditions contained herein shall comprise and form a complete Agreement (hereinafter referred to as ‘Agreement’) between ZAINEXX TECHNOLOGIES and the client. Any section of the Terms and Conditions suspect invalid, null and void or for any reason becomes unenforceable, shall be suspect severable and shall not influence the validity and enforceability of the remaining clauses of the Terms & Conditions of the Agreement.
3. CONSIDERATION : ZAINEXX TECHNOLOGIES funds the right to charge for any additional work executed by ZAINEXX TECHNOLOGIES.The cost of click would comprise ZAINEXX TECHNOLOGIES’s charges over and above the genuine cost of Click on Google Adwords.In the incident, the client agrees to pay the consideration for the services via ECS mode, than the same cannot be cancelled by the Customer amidst the term of the Agreement , unless the Agreement is earlier terminated by ZAINEXX TECHNOLOGIES at its solitary prudence or by mutual approval of ZAINEXX TECHNOLOGIES and the customer.Once website is live after the approval of the Customer (which permitted cannot be unnecessarily suspended), all the changes requested to ZAINEXX TECHNOLOGIES shall be chargeable on mutually agreed terms, In the event the customer does not react concerning the approval of the website, after having sent the same to it, for its approval by ZAINEXX TECHNOLOGIES, within 7 days from the date of it being sent, then the same shall be severable to have been approved and any changes requested afterward to ZAINEXX TECHNOLOGIES shall be additionally chargeable. However client would have an all time CMS access to make revisions to the website.
4. Indemnity : Customer shall assure and hold ZAINEXX TECHNOLOGIES harmless from all claims, cost, proceeding, damages and expenses (including legal and other professional fees and expense ) awarded against or incurred or paid by ZAINEXX TECHNOLOGIES as a result of or in association with any suspected or actual violation of any third party intellectual property right (including copyright )or other right arising out of the use or supply of the information by or on behalf of the client to ZAINEXX TECHNOLOGIES.
5. Termination : If the contract is terminated by customer prior to services under this Agreement are to being executive or are in the process of completion that in such an event, under no circumstances, the consideration paid or agreed to be paid by customer, shall be refundable and the same shall be relinquished in full.
6. Miscellaneous : ZAINEXX TECHNOLOGIES shall be allowed to identify customer, as ZAINEXX TECHNOLOGIES’s client and may use customer name in connection with ZAINEXX TECHNOLOGIES’s marketing proposal. Customer agrees and permits ZAINEXX TECHNOLOGIES to make calls and messages on his Mobile and office contact number consequent to the signing of this Agreement.Customer agrees to take virtual number from ZAINEXX TECHNOLOGIES ,for the purpose of running the advertising campaign and to enable measurability of the campaign. It is agreed by and between ZAINEXX TECHNOLOGIES and the customer that ZAINEXX TECHNOLOGIES is within its right ,to discontinue the above stated virtual number for the customer ,in the event ,the customer choose not to advertise further. These calls would be recorded for reference and quality purpose. ZAINEXX TECHNOLOGIES is authorized to replicate the existing website of customer on its sub-domain and is hereby authorized to make such changes as may be required for the betterment of the delivery of the advertising campaign. Clients agrees to do all the requisite changes recommended by ZAINEXX TECHNOLOGIES on its website in order to enhance the advertising campaign performance Customer authorize ZAINEXX TECHNOLOGIES to make critical decisions like daily Budget ,CPC , keywords ,GEO Network / devices for the enhanced performance of the advertising campaign.
7. DISCLAIMER : ZAINEXX TECHNOLOGIES makes no representations, warranties or guarantees of any kind as to the level of sales, purchases, clicks, sales leads or other performance that customer can anticipate from advertising campaign through ZAINEXX TECHNOLOGIES. Any conclusion provided by ZAINEXX TECHNOLOGIES to the customer is not anticipated to create any binding obligations or to be relied upon by the customer and the same are sheer estimates.ZAINEXX TECHNOLOGIES will not be responsible for any loss of profit, loss of contract, loss of use, or any direct and /or indirect and/or any consequential loss, damage or expense sustained/incurred by the client as a result of any acts or omissions or information or advice done /given in any form by or on behalf of the ZAINEXX TECHNOLOGIES to the client and the customer is advised to make its own investigation and use its own best judgment and /or intellect before taking any decision regarding the same.
8. FORCEMAJURE : Neither party will be responsible to the others, for any setback or failure to fulfill obligations set forth in this agreement caused by force majure reasons or conditions beyond their control.
9. COMMUNICATION : Any notice send by the customer with respect to this agreement should be in writing and has to be sent through registered post at the following address: ZAINEXX TECHNOLOGIES, E-59, Sec-3 Noida -201301.In case of any inquiry the client can contact the accounts Manager of ZAINEXX TECHNOLOGIES between 10 Am to 6 Pm between Monday to Friday on the phone number given on the face of the present invoice.
10. SERVICES, EXCLUSIONS & PERFORMANCE OF THE SERVICES AS MAY BE APPLICABLE : In the event the advertisement requirements requested by the customer fall within the classified category of the Third Party or are not supported by Third Party or are against the policy of Third Party the ZAINEXX TECHNOLOGIES shall have the right to compensate the balance consideration paid by the customer.ZAINEXX TECHNOLOGIES’s website designing solutions are not being given along with FTP user name and password (File Transfer Protocol). Keywords suggested by ZAINEXX TECHNOLOGIES are for indicative purpose only and the final keywords on which ads will run may differ to offer best possible results to the customers.Once the daily budget of the client is exhausted, the ads will stop appearing on search/ display platforms. It will restart again on the next day. This will continue until your total budget is spent.
FACEBOOK PAGE MANAGEMENT The client undertakes to inform new announcements at least 3(Three) working days in advance. It is agreed and understood by the customer the once the content calendar is accepted by the Parties to the Agreement than the same cannot be changed.The customer commences to provide considerable answers to ZAINEXX TECHNOLOGIES in order to answer any quires posted on the page.The customer By virtue of this Agreement commences to provide to ZAINEXX TECHNOLOGIES sole administration rights of its social pages.
E- COMMERCE & CUSTOM WEBSITE Any third party application such as Payment gateway, shipping gateway, SMS gateway, SSL certificate or stock photos will require to be purchased by the client and they shall own the copyright to these materials. Customer will preserve the possession of aforesaid mentioned third party applications. It is approved and understood by the Customer that ZAINEXX TECHNOLOGIES shall incorporate only one payment gateway in the present scope of the work.It is agreed and understood by the client that the Hosting (server size and cost) is personal to the website size.It is approved and understood by the client that the regard to the Browser compatibility the website shall be compatible in IE8, Google chrome 12.x, Mozilla Firefox 4.xIt is agreed and understood by the client that the website will be well-matched on Windows OS only. Further the Website will be 95% compatible on supplementary operating systems. It is approved and understood by the customer that website will have only 1 admin. No sub-admin or rights supervision for backend modules shall be provided ZAINEXX TECHNOLOGIES commence that the website shall hold to W3C validation as far as possible.
11. OTHER : The Customer and shall surpass all prior commitments if any, agreements, communications, discussions concerning to the services covered herein and particularly mentioned on the face of this Agreement.The charges/considerations mentioned on the face of the agreement are only for the tender submitted by ZAINEXX TECHNOLOGIES to the client and any scope of work not enclosed in the proposal shall be charged extra.