Terms and Conditions
TERMS & CONDITIONS OF SERVICES
1.1 The Terms & Conditions contained herein shall constitute and from an entire Agreement (hereinafter referred to as ‘Agreement between GIOS And the Customer’.
1.2 Any Clause of The Terms & Conditions if deemed invalid, void, or for any reason becomes unenforceable, shall be deemed severable and shall not affect the validity and the enforceability of the remaining clauses of the conditions of this agreement.
2. SERVICES, EXCLUSIONS & Performance
2.1 In the event the advertisement requirements requested by the customers fall within the restricted category of Google or are not supported by Google or anyone against the policy of Google.
2.2 GIOS reserves the right to refuse or cancel any advertising requirement at its sole discretion, with or without cause, at any time, balance advertising budget will not be refunded to the customer.
2.3 Service Contract for Google Ad word, Which is paid from of advertising on Google. Customer’s website link would appear under the sponsored link on Google search result page.
2.4 Our Template-based website solution would not be given along with FTP (File Transfer Protocol).
2.5 GIOS Will Start on any contract only if 60%of contract amount is paid in advance, Rest of amount should to be paid on before the completion of work.
3.1 The considerations mean the cost of the package, purchased by the customer from GIOS.
3.2 GIOS reserves the right to charge for any additional work executed by GIOS.
3.3 The cost of click would include GIOS charges over above the actual cost of click on Google Ad words.
3.4 In the event the customer agree to pay the consideration for the services via ECS mode, than the same cannot be cancelled by the customer amidst the terms of the agreement, Unless the Agreement is earlier terminated by GIOS at its sole discretion or by mutual consent of GIOS and the Customer.
4.1 Customer shall indemnity and hold GIOS harmless from all claims, costs, Proceedings, Damages and expenses (Including legal and other professional fees and expenses), Awarded against or paid by GIOS as a result of or in connection with any alleged or actual infringement of any third party’s intellectual property right (including copyright) or other right arising out of the use or supply of the information by or on behalf of the customer to the GIOS.
5.1 If the contract is terminated by the customers before services under this Agreement are to begin executions or are in the process of completion that in such an event , Under no circumstances, of the consideration paid or agreed to be the Customer, Shall not be refundable and the same shall not be forfeited in full.
5.2 Any Token Money paid to GIOS against contract shall not be refundable in any case.
6.1 GIOS shall be permitted to identify customer, as GIOS client and may use Customer’s name in connection with GIOS marketing initiative.
6.2 Customer agrees and permits GIOS to make calls and messages on his mobile and office contact numbers subsequent to the signing of this agreement
6.3 GIOS is authorized to replicates the existing website of Customer on its sub-domain and his hereby authorized to make such changes as may be required for the betterment of the delivery of the advertising campaign.
7.1 GIOS makes no representatives, Warranties or guarantees of any kind as to the level of sales, purchase, click, sales leads or other performance that customer can expect from advertising campaign through GIOS. Any estimated provided by GIOS to the Customer are not intended to create any binding obligation or to be relied upon by the customer and the same are mere estimates.
7.2 GIOS will not be liable for any loss of profit, loss of contract , loss of use, or any direct and/or indirect and/ or an y consequential loss, damage and expenses sustained incurred by the customer and the customer as a result of any acts or omission or information or advise/given in any form by or on behalf of GIOS to the customer and the customer is advised to make its own inquiries and use its own judgment and/ or intellect before taking any decision regarding the same.
7.3 In addition to the above it is further agreed that the customer shall be solely liable for any loss or damage, whether monetary or other suffered by it, as a result of any change effected by its own in the website by using CMS and GIOS shall not be held liable on any account whatsoever.
8 FORCE MAJEURE
8.1 Neither Party will be liable to the other, for any delay or failure to fulfill obligations set for till in this Agreement caused by force major reasons or circumstances beyond their control.
9.1 any notice send by the customer with respect to this Agreement has be in writing and has to be sent registered post at the following address: 32 J L Nehru Road Park Street Om Tower 2nd Floor Kolkata-700017.
9.2 In case of any query the customer can contact the manager of the GIOS between 10 AM to 6 PM between Monday to Friday on the phone no. Given on the face of the present Invoice.
10. GOVERNING LAW & JURISDICTION
10.1 The Agreement, its validity, construction, Interpretation, effect, performance and termination shall by the laws(both substantive and procedural) as applicable in INDIA from time to time.
10.2 Any dispute or differences arising out of or in connection with this agreement including its interpretation there of between GIOS and the customer shall be subject to exclusive jurisdiction to the courts of Calcutta(Kolkata) only.