Terms
& Conditions of Service
‘iExtended
– Managemenet Services’ provides its services (a detailed
list available under the service page on the company’s website
www.iExtended.com) under the following ‘terms and conditions of
service and use’ (the "Terms"). Please read them
carefully. You understand and acknowledge that the Services are
provided to you exclusively under these Terms. By using the Services,
you agree that you have read and understand the Terms and that you
agree to be bound by them, without limitation or qualification. As
used on this TCOS document, the terms "we", "us",
or "our" “iExtended” refer to iExtended –
Management Services.
1. MODIFICATIONS TO THE TERMS
We may change the Terms from time to time. We will notify you of any such changes via e-mail and/or by posting a notification about the changes on the iExtended.com home page. If you object to any such changes, your sole option shall be to stop using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
2.
Quotation and Agreement
2a
iExtended reserves the right to withdraw/modify the quotation for a
job/service/project/product. When iExtended has not seen/received a
complete description, documentation, document for the
job/service/product/project.
2b Agreement is considered a
formal agreement when the client/customer has in written or verbally
approved a quotation/bid/offer submitted by iExtended or when
iExtended sends a written confirmation for the job/task assigned by
the customer and the customer accepts it. The written
approval/confirmation can/must include a confirmation received/sent
by email and or physical mail or Fax.
2c The starting point for a confirmed job/task/project (assigned by the customer) would be the when iExtended sends an invoice for the same (job/task/project). The non receipt of invoice due to transmission issues (email / fax/physical mail) would not mean that there is no agreement. In such a case the customer should/must to request the invoice again.
3.
Delivery Final submission
3a
We agree to adhere to the time schedule, however will not be liable
for delays due to any such factors that are not in our control. In
case due to unforeseeable circumstances if iExtended is not able to
deliver on the set/agreed schedule, iExtended is obligated to inform
the customer about the delay, citing the reason.
3b It is
understood that the delivery is considered complete, the minute
iExtended delivers/sends the completed job/task/product/project to
the customer by any of the following medium: Fax/Email/Physical
mail/Online data transfer.
3c To ensure that we can
deliver/perform the task/job on time, the customer must agree to help
with any information, objects/things required to complete the
job/task/project by us. The failure to do so would not only result in
delay of submission, but may also include additional cost than the
initial quotation which will be determined by us and the additional
cost will be undisputable.
4.
Modification / Cancellation / Declining from / of Job / Task
4a
In case there are any changes required in the job/task/project by
the customer after an agreement has been made which are not limited
to an agreeable extent by both the parties (customer and iExtended),
we reserve the right to change the delivery date/estimate/price of
the job/task/project to accommodate the changes. We also reserve the
right to either withdraw or reject the changes in case the changes
required/requested are not within agreeable terms to both the parties
(customer and iExtended).
4b Any changes to the agreed
Job/task/Project shall not take effect until and unless iExtended
gives a confirmation to approving/agreeing for the changes in
written/Email/fax.
4c In case the customer cancels the
job/task/project after the completion, initial payment or any set
milestones, the customer would be required to pay the whole amount of
the fee agreed, unless iExtended decides to give a rebate the
decision of which would remain solely with iExtended. If a rebate is
given, it will be decided by iExtended based on the amount of work
done and estimates given to the customer. In such a case too,
iExtended will deliver the work in whatever stage it is at the time
of cancellation.
5.
Confidentiality and Methods of job completion
5a
iExtended is committed to provide its services with the best of
quality assured for all jobs/tasks/projects undertaken, to the best
of its capacity/ability.
5b iExtended has the right to use
the services of third parties to perform any of the
jobs/tasks/projects undertaken, i.e. use the services of third
parties such as; qualified service providers, small organization,
offshore organizations and qualified freelancers.
5c In order
to maintain/deliver high quality of service desired by the customer.
The customer must agree to provide any and all information required
to complete a job/task/project. Information that includes and is not
limited to; specific writing style, terminology, specific colors to
be used for designs, specific dimensions if required, etc....
beforehand.
5d We understands and agree to treat all
information sent by its customers as strictly confidential. We also
make it clear that any information sent to independent service
providers, organizations to be treated as strictly confidential and
the said service providers and organizations are obligated to ensure
that the information remains confidential. However, we cannot be held
responsible if a third party dishonors/breaks this confidentiality
agreement and the onus would lie on the third party to bear the cost
of any damages.
6. Fee, Payments and Additional charges (money transfer etc…)
6a
The fees would be determined by a detailed job sheet/project
planning sheet/proposed task sheet, detailing finer points of the
task, such as the size, number of pages, design specifics, campaign
specifics etc... Dependent on the job/task/project, unless otherwise
other agreed conditions between the customer and iExtended.
6b
iExtended may revise/add-on charges in the case of additional
services required by the customer which include but are not limited
to; revising, re-editing, proof reading by a professional, adding
content, redesigning, etc... i.e. perform any additional task than
mentioned in the initial job sheet/project planning sheet/proposed
task sheet.
6c The prices quoted in the initial quotation,
may or may not include VAT or any other additional taxes or Money
transfer/Collection fees. Please refer to the quotation clearly for
the declaration of taxes. The customer should always clear the any
doubts related to taxes and additional fees beforehand.
6d All invoices are due within 1 week of the invoice generation, unless specified by iExtended. If an invoice is not paid within the stipulated time, then the customer is considered to be in breach of contract and payment, no proof of default would be required in such a case, as the invoice itself is considered the proof. In the event of breach of contract/payment the customer would be liable to pay interest over and above the invoiced amount, and any other costs incurred by iExtended, such as surcharges by other organizations/indvidiuals whose services iExtended may have used. Plus a late payment fee of Rs.1000 for every day past the due date.
7. Complaints, Disputes and Settlements
7a
The customer is required to give the complaint (if any) related to
any of the services provided by iExtended in written, including a
detailed description of the nature of complaint and the
causes/reasons that lead to the complaint. For a completed task if
there are any issues/complaints, they should be sent to iExtended
within 1week of the job/task/project completion. A complaint/issue
however does not mean that customer has the right to exemption or
delay of payment.
7b In case iExtended has not received any
confirmation/issue/complaint from the customer about a completed
task/job/project after 1 week of the final submission of the
job/task/project, the job/task/project shall be assumed as accepted
and approved. In case the customer submits an issue/complaint after 1
week of the final submission of the job/task/project the
issue/complaint shall be addressed only if it is accepted by
iExtended as it has already passed the deadline as mentioned in
article 7a of this agreement.
7c In case we approve/accept
the issue/complaint after the deadline (as mentioned in article 7a),
it is our prerogative to address the issue/complaint to the extent
deemed fit by iExtended.
8.
Compensation and Liability
8a
iExtended cannot be held liable for a loss due to delay or loss of
profit or loss of revenue. iExtended cannot be held liable for
incorrect translation of vague/unclear opinions of individuals, or
mistakes in the original source of text/documentation/project detail.
The same is applicable to all other services of iExtended.
8b
Refunds if any are exclusive of VAT.
8c The customer is
required to check for accuracy of the job/task/project on final
submission; this includes the text and technical details if any.
iExtended shall not be held responsible for any risk of to the
customer, including economic risks, resulting from any services
provided by iExtended, including the text, websites or any other
job/task/project. The customer must inspect all aspects of a
job/task/project on final submission, which includes but is not
limited to; currency (money), legal, technical, medical and
spiritual. iExtended advises this inspection due to the fact that
although iExtended despite all efforts can guarantee only 99.9%
accuracy and cannot exclude the possibility of a human error.
8e
iExtended under no circumstances can be held responsible for
loss/theft/damage of information/documents made available to
iExtended by the customer. Also, iExtended under no circumstances can
be held responsible for the loss/theft/damage of information
documents made available to iExtended by the customer from using
electronic medium (Internet/Emails/Fax).
8f iExtended shall
not be liable to be a part of any claims made by any third
party/parties made to the customer (iExtended’s customer) in
connection with any alleged violation of property rights,
intellectual property rights or patent rights for any services
provided to the customer by iExtended. It is the customer’s
responsibility to keep iExtended away from any such allegations,
claims or proceedings.
9.
Cancellation/Withdrawal from job/task/project
9a
In case iExtended is unable to fulfill/complete any of the
jobs/tasks/projects due to any special circumstances beyond
iExtended's control, iExtended reserves the right to delay/postpone
and/or terminate the agreement and withdraw from the job/task/project
without any liability towards the customer. Such special
circumstances include, however are not limited to natural calamities,
accidents, fires, war, change in govt. rules, strikes, riots, etc...
10
Copyright agreement
10a
Unless specified, iExtended shall retain the copyright to any and
all jobs/tasks/projects done by individuals/organizations for
iExtended and may further transfer the rights to iExtended’s
customers.
11
Adherence to the law and Jurisdiction
11a
All legal relationships between iExtended and the customer would be
under the Indian Law. Any disputes arising due to any
circumstance/misunderstanding would be subject to trial only by
competent Indian Court of law.