TERMS OF SERVICE AGREEMENT
LAST REVISION: 17-Jun-2022
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website https://www.dezyne-plus.in (the "Website"), Dezyne Plus Marketing Services ("Dezyne Plus") offer of Services for purchase on this Website, or your purchase of Services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Dezyne Plus reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Dezyne Plus will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Dezyne Plus encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Dezyne Plus for other Services or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website introduces and offers the sale of Services (the "Services"). By placing an order or inquiry for Services through this Website, you agree to the terms outlined in this Agreement.
The services delivered are always on best effor basis, and as per the initial discussion documented. It is very clear that what is document will be delivered at least under the cost agreed. However, there are always some work areas which will be noticed while working on the Service requested, and that will also be covered under the same cost structure, if not documented. But, same is not negotiable, if delayed or unattended. The Scope of Service is always open for discussion, and needs to be finalized before the start of the work.
The costs mentioned on the Service page is not negotiable, and stands payable as per the Payment Terms & Conditions discussed and finalized. Unless explicityly discussed, the Payment Terms & Conditions are as below for the respective Services.
Service : Email Marketing - Planning & Execution
Service : Email Deliverability - Inbox Health & Reputation Management. Inbox Placement
Fixed Price Contracts are payable in advance up 50%, or as per the discussion otherwise.
The technical consultations, findings, root-cause-analysis, fixes and monitoring, will be all done as per the discussion and requirements. The cost mentioned pertain to 1) all possible fixes which can be done initialy, and 2) documentation of best practices.
Service : Campaign Management - Management of Email Campaign on a rolling month basis
The term Campaign means, the single campaign which is sent either regularly or on ad-hoc basis, and which is not automated in nature.
Fixed Price Contracts are payable in advance up to 50%, or as per the discussion otherwise.
The management of campaign includes below split services:
Review of campaign requirements and documentation on what needs to be done.
Expected work on Contacts, Lists, Segments, Audiences.
Expected work on Email Design with the Email System Editors.
Runing the tests and review.
Reporting the campaign performance.
Service : Consultation Services - Discussion, Suggestions, and Documents.
The terms of this service is open to mutual discussion and approval.
Unless specifically agreed, the service will be made available once the full payment is done and thet booked time slot is agreed.
Walkthroughs and/or Recorded Sessions will be charged at least twice the normal rate.
Customer Solicitation: Unless you notify directly to Dezyne Plus of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Dezyne Plus and its designated in-house or third-party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt out of future solicitations.
You may use the opt-out link found in any email solicitation that you may receive.
You may also choose to opt-out, via sending your email address with the subject opt-out email.
You may send a written removal request to Company Address.
Proprietary Rights. Dezyne Plus has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute any Service Solution designed and/or distributed by Dezyne Plus. Dezyne Plus also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information. Sales Tax. If you purchase any Services, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about Digital Marketing best practices. Dezyne Plus does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Dezyne Plus does create the content on this Website, such content is protected by the intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Dezyne Plus does not endorse the contents on any such third-party websites. Dezyne Plus is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Dezyne Plus is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), and (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Dezyne Plus or the applicable third party (if third-party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Dezyne Plus a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Dezyne Plus cannot control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Dezyne Plus is not liable for any damage or harm resulting from any posts by or interactions between users. Dezyne Plus reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Dezyne Plus deems objectionable.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dezyne Plus EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT CONCERNING THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES. ("SERVICES" INCLUDE TRIAL SERVICES.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Dezyne Plus MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFECTS IN SERVICES WILL BE CORRECTED.
REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Dezyne Plus ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, CONCERNING THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE WEBSITE. Dezyne Plus WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Dezyne Plus, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Dezyne Plus. When Dezyne Plus is threatened with suit or sued by a third party, Dezyne Plus may seek written assurances from you concerning your promise to indemnify Dezyne Plus; your failure to provide such assurances may be considered by Dezyne Plus to be a material breach of this Agreement. Dezyne Plus will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Dezyne Plus's choice at its expense. Dezyne Plus will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have the sole responsibility to defend Dezyne Plus against any claim, but you must receive Dezyne Plus's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Dezyne Plus will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Dezyne Plus may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.
Entire Agreement. This Agreement comprises the entire agreement between you and Dezyne Plus and supersedes any prior agreements about the subject matter contained herein.
Effect of Waiver. The failure of Dezyne Plus to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the City, State. This Agreement will be governed by the laws of the State of Law State Name without regard to its conflict of law principles to the contrary. Neither you nor Dezyne Plus will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or because of this Agreement, other than in courts located in State of State Name. By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or because of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Dezyne Plus reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Dezyne Plus may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, Dezyne Plus reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Dezyne Plus chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Dezyne Plus makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Dezyne Plus may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.