Terms and Conditions
of Sale (Services)
Definitions
Supplier means Impact Designers 201/7, 1st Floor, Nagdevi Street,
Mumbai 400003, India that owns and operates www.impactdesigners.com
Buyer means the individual or
organisation who buys or agrees to buy the Services from the
Supplier.
Contract means the contract
between the Supplier and the Buyer for the provision of Services
incorporating these Terms and Conditions. Services means the
services that the Buyer agrees to buy from the Supplier.
Terms and Conditions means the
terms and conditions for the provision of Services set out in
this agreement and any special terms and conditions agreed in
writing by Impact Designers.
Website means www.impactdesigners.com
Conditions
These Terms and Conditions shall NOT affect the Buyer’s
statutory rights as a Consumer.
Any variation to these Terms
and Conditions (including any special terms and conditions agreed
between the parties) shall be only be applicable if agreed in
writing by the Supplier.
Any complaints should be addressed
to the Supplier's address 201/7, 1st Floor, Nagdevi Street,
Mumbai 400003, India or by email to the Supplier’s Client
Services address, contact [ @ ] impactdesigners.com. Any special
conditions applying to the provision of the Services are set
out in the Schedule to this agreement.
These Terms and Conditions shall
apply to all contracts for the provision of Services by the
Supplier to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
Price and payment
The price of the Services shall be that stipulated on the Website.
Where applicable, if any payment
is not paid on time or any payment is rejected or refused, the
amount owing will be treated as overdue and the Supplier will
be entitled immediately to cease or suspend the provision of
the relevant Service until payment has been received.
Each of the Supplier’s
different services (otherwise known as 1st page SEO packages)
are optional monthly subscription based services. The Buyer
can terminate their subscription within PayPal, and with no
penalty whatsoever. No notice period is required to be given.
Ordering
All orders for Services shall be deemed to be an offer by the
Buyer to purchase Services under these Terms and Conditions
and are subject to acceptance by the Supplier.
The Supplier may choose not
to accept an order for any reason when making an order through
the Website; the technical steps the Buyer needs to take to
complete the order process are described in the order process
section.
Rights of supplier
The Supplier reserves the right to periodically update prices
on the Website, and these prices cannot be guaranteed for any
period of time. The Supplier shall make every effort to ensure
prices are correct at the point at which the Buyer places an
order.
The Supplier reserves the right
to withdraw the Services from the Website at any time. The Supplier
shall not be liable to anyone for withdrawing the Services from
the Website or for refusing to process an order.
Performance
The Supplier shall begin to perform the Services on the same
day of purchase, if purchase is made before 12pm in that day.
The Supplier shall perform the Services the next day if purchases
are made after 12pm.
The Supplier shall perform the
Services with reasonable skill and care. However, where applicable,
the Supplier does not guarantee that the Services will be uninterrupted,
secure or error-free or that any data generated, stored, transmitted
or used via or in connection with the Services will be complete,
accurate, secure, up to date, received or delivered correctly
or at all.
The Supplier may have to suspend
the Services for repair, maintenance or improvement. If so,
the Supplier will restore them as quickly as is reasonably possible.
The Supplier does not guarantee
any specific positions for ranking placements in the search
engines once the code is used, but the Supplier does guarantee
to refund the entire service price should the ranking positions
not be significantly better than previously held positions.
The Services are subject to
an initial contract period of one month and shall continue thereafter
on a monthly basis unless and until terminated by either party
(as regards some or all of the Services) at any time for any
reason, no notice is required, and any payment due remains payable
and, if already paid, will be refunded.
The Supplier may terminate this
agreement (as regards some or all of the Services) or suspend
some or all of the Services immediately on written notice if
the Buyer breaches any term of this agreement, and any payment
due remains payable and, if already paid, will be non-refundable.
Cancellation
The Buyer has the right to cancel the Contract, with the giving
of no notice, at any time before eleven working days has passed
from the day after the Contract was made. If, however, the Supplier
starts to perform its side of the Contract with the agreement
of the Buyer before the Buyer exercises this right to cancel,
the right to cancel is lost.
Limitation of liability
Except as may be implied by law where the Buyer is dealing as
a Consumer, in the event of any breach of these Terms and Conditions
by the Supplier the remedies of the Buyer shall be limited to
damages which shall in no circumstances exceed the price of
the Services and the Supplier shall under no circumstances be
liable for any indirect, incidental or consequential loss or
damage whatever.
Nothing in these Terms and Conditions
shall exclude or limit the liability of the Supplier for death
or personal injury resulting from the negligence of the Supplier
or that of the Supplier’s agents or employees.
Waiver
No waiver by the Supplier (whether express or implied) in enforcing
any of its rights under this agreement shall prejudice its rights
to do so in the future.
Force Majeure
The Supplier shall not be liable for any delay or failure to
perform any of its obligations if the delay or failure results
from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs,
accidents, war, fire or failure of any communications, telecommunications
or computer system, and the Supplier shall be entitled to a
reasonable extension of its obligations.
Severance
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court
of competent jurisdiction such provision shall be severed and
the remainder of the provisions hereof shall continue in full
force and effect as if these Terms and Conditions had been agreed
with the invalid illegal or unenforceable provision eliminated.
Changes to terms and
conditions
The Supplier shall be entitled to alter these Terms and Conditions
at any time but this right shall not affect the existing Terms
and Conditions accepted by the Buyer upon making a purchase.
Any renewal of the Services
will be subject to the Supplier's then current Terms and Conditions.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed
in accordance by Indian law and the parties hereby agree to
submit themselves to the exclusive jurisdiction of the State
of Maharashtra.