Terms And Conditions Of Contract
TERMS AND CONDITIONS
Qquench Media is a business that provides its customers with services in Branding, Web, Marketing, eLearning and Development.
Terms and conditions of contract between
Qquench Media Private Lmited.
Bldg. No. 4, Flat No. 101,
1st Floor, Anushree Apt,
Ghole Rd, Shivajinagar,
Telephone: (+91) 7972846781 (INDIA)
a company incorporated in India, and
you, or the legal entity you represent, as a customer (“Customer”).
These terms and conditions (‘Terms’) set out the rights, obligations and restrictions that apply between the Customer and the Company when the Customer purchases the Company’s services and accesses the Company’s website and platform at www.qquench.com (“Platform”) and/or accesses, uses or downloads any of the data and services provided by the Company.
In order to use the Services, the Customer must (a) be 18 or older, or be 13 or older and have their parents’ or guardians’ consent to these Terms and (b) have the power to enter into a binding contract and not be barred from doing so under any applicable law. The Customer warrants that any information submitted to the Company is true, accurate and complete, and the Customer agrees to keeping it up to date at all times.
Formation of Contract
The Company offers various services, i.e. brand stratedy, identity design, redesign, redrawing, website design, app deisgn based on drafts provided by the Customer (‘Services’).
The Company’s Services are provided either on a case–by–case basis as ordered by the Customer.
The Customer places an order or information by uploading the details in the Start a Project foem. The Company will contact you to discuss the requirements of the ‘Customer’. According to the work that needs to be done, the Company quotes an approximate price and delivery time, which is an invitation to offer. It does not constitute an offer to sell and cannot be legally relied upon. By accepting the price quoted, the Customer makes an offer to buy. A contract for the Company’s sale of the Services is formed when the Company accepts the Customer’s offer in writing.
When agreeing to the quoted price, the Customer enters into a binding and irrevocable agreement. The Customer will have to pay an advance as quoted by the Company before the commencement of the work and the rest will be paid at the delivery of the project work.
Services and Delivery
The Company delivers the Services via email to the deadline agreed with the Customer. Upon delivery of the Services, the Customer is entitled to two revisions of the Services free of charge. Additional revisions will be billed at a rate that will be determined by the Company with the amount of work needed to be done.
After the second revision, requests made by the Customer for work to be carried out on the Services delivered and revised will be billed at a separate rate. The Company will inform the Customer of the price before commencing the work.
Free revision of Services delivered does not include any incorporation of new ideas of the Customer.
Delivery of the Services is made in a .pdf or .psd file or in any other formats specified by the Customer when placing an order, and will be available immediately after approval of the project. The Customer approves the Services either after the first delivery or after the first or second revision.
In order to maintain efficiency in the Company’s business, if the Customer has not responded by the Company’s third attempt to contact the Customer to have the Services and/or revisions approved, the Company will consider the Services and any revisions approved and the Customer’s payment card will be charged in accordance with the below chapter on payment.
The Customer pays per delivery. Payment for the Services falls due immediately upon the Customer’s approval of the project on the Platform, or upon the Company’s third attempt to contact the Customer to have the Services and/or revisions approved, as the case may be.
An invoice will be raised to the customer at this point.
Refunds and Cancellation Policy.
(a) Waiver of Statutory Right to Cancel the Purchase
If you are not satisfied with the initial Responses provided by through the Services, and have paid the full fee up-front, you may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely(within 3 days) receipt of the completed form, we will refund the total payment made by you, less 20% of the total order value service and processing fee. If you paid 20% of the order value up-front and are not satisfied with the initial Responses provided through the Services, you may send email on email@example.com subject as CANCEL ORDER – Order no. If the request is submitted within three business days from when the initial Responses were completed, you will not be billed the remaining balance for the package you purchased (this does not apply to website design, book covers, e-learning, product packaging and app design). If this form is not completed within three business days from when the initial Responses were completed, you will be billed the remaining balance of the price of the selected package.
(b) Refund before the order is initiated:
If you wish to cancel the order before it gets processed, and have paid the full fee up-front, you may request a refund by completing the Refund Request form, which will be provided to you upon request. You should send an email to us on firstname.lastname@example.org mentioning the order number and subject ad CANCEL ORDER. We should receive this email within 12 hrs after you place the order. Upon timely(within 12 hrs) receipt of the cancellation email, we will refund the total payment made by you.
In addition, refunds are only available to the actual Client for whom the design was created. No refund is available for design firms or for those who order our design services on behalf of another entity. Furthermore, you shall forfeit the right to the refund outlined above if you request revisions to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from us. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.
(c) Turn Around Time(TAT).
You agree to provide timely responses to any status notifications that we send to you. You shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to respond, we will assume that your project is complete and the project shall be deemed completed. At such time, we will have no further obligation to you, and you will pay us pursuant to the provisions of these Terms. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to terminate your access to all or any portion of the Services, at any time, with or without notice. In the event of such termination, we will determine, in our sole discretion, whether you are entitled to any refund.
(d) Business Hours.
Qquench works from 8:00 AM IST to 8 PM IST on weekdays and remains closed on weekends. Qquench would remain closed on all Indian public holidays. The Turn Around Time for all the deliveries would be conveyed right in the beginning of the project considering the business hours.
The Company may impose limits on certain features and services or restrict the Customer’s access to parts or all of the Services without liability. Where these changes or suspensions would amount to a termination of the Services, the Customer may be entitled to a refund of the reasonable part of any charges paid by the Customer.
The Customer can reproduce, publish, transmit, distribute, license, publicly display, rent or lend, modify, any data delivered by the Company, sell or participate in the sale of any of the Services provided by the Company.
Availability of Services
The Company endeavours to offer a smooth and reliable service but gives no guarantee, and does not warrant, that the Services and the Platform will be free of fault or that the Platform will be uninterrupted. If a fault does occur, the Customer may report it to Customer Services, and the Company will attempt to correct the fault as quickly as possible.
The Company will occasionally restrict access to the Platform to carry out repairs, maintenance or to introduce new functionality or services and the Company will endeavour to keep disruption to a minimum.
New services are subject to a period of testing. This means that new services may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed and may have other issues affecting availability and functionality.
Legal Protection and Waiver of Liability
THE USE OF THE SERVICES IS AT THE CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS AGREED THROUGH THE PROPOSAL BETWEEN THE TWO PARTIE” AND “AS PER THE SCOPE OF WORK MENTIONED THERE IN” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERROR; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SLIDES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER THROUGH THE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS; (v) ANY PORTION OF THE SERVICES WILL BE OF SATISFACTORY QUALITY OR FREE OF FAULTS OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Under no circumstances will the Company, any subsidiaries and affiliates, suppliers, and their respective owners, officers, managers, members, agents and employees, be liable to the Customer for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with the use of, or inability to use, the Services, any content delivered to the Customer, whether or not the Company has been advised of the possibility of such damages or loss.
The Customer agrees to indemnify and hold harmless, and upon request, defend, (1) the Company, its affiliates and its respective directors, officers and employees; and (2) the providers of the data, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by the Customer under these Terms.
The Company may assign its rights and obligations under these Terms to any new provider of the Services, without the prior consent of the Customer.
Termination of Contract
These Terms will continue to apply until terminated by either of the parties in written. The terms of contract will be written explicitly in the Proposal between both the parties. The terms and conditions mentioned therein on case to case and customer to customer basis will be applicable for every project.
Trademarks and Amendment of Contract
All trademarks, logos, designs and images used in connection with our Website, Brand and Services remain the property of the Company or their respective owners.
The Company may amend these Terms at any time by posting the amended terms in its individual contracts/proposals to their customer or on the website as well for generic terms.
Dispute Resolution, Applicable Law and Legal Venue
These Terms shall be governed by the laws of India without regard to its conflict of law provisions. Any lawsuits between the parties to this contract can only be filed to and brought before the court of India, which is the only applicable legal venue for any dispute between the parties.