Terms & Conditions
At Publpad, we’re committed to assisting our customers with building better relationships with their customers. In an effort to continually improve our experience with you, our customer, we have implemented some updates to our terms and policies.
Effective July 15,2020 for new as well as for existing customers will be implemented.
In consideration of the mutual covenants and promises made by the parties hereto, the Company/brand/influencer and the Agency covenant and agree as follows:
1. Social Media Channels
Providers of “social media channels” (e.g. facebook; hereinafter referred to as Providers), in their terms and conditions of use, reserve the right to reject or remove advertisements or promotional appearances for any reason whatsoever.Due to the terms and conditions of use that are currently applicable and the fact that every user can easily allege a violation of the law with the aim that contents will be removed, the Agency cannot guarantee that the ordered campaign can be retrieved at any time.
2. Scope of services;Customer’s duties to cooperate
Subsequent modifications of the services shall be subject to the Agency’s written confirmation. When executing the order the Agency shall be free in its discretion within the framework specified by the Customer.The Customer shall bear the costs incurred due to the fact that work has to be done again by the Agency or is delayed because of his incorrect, incomplete or subsequently modified specifications.
In addition, the Customer is obliged to clear the documents made available by him for execution of the order (photos, logos, etc.) for potential copyrights, trademark rights, marks or other rights of third parties (rights clearance) and guarantees that the documents are free from rights of third parties and may therefore be used for the desired purpose. In the case of merely slight negligence or if it has fulfilled its duty to warn the Customer, the Agency shall not be liable (at least as regards the relationship between the Agency and the Customer) for an infringement of such rights of third parties by documents made available by the Customer.
Client shall guarantee the correctness, completeness and reliability of any information provided to the Consultant.
The Company/client has the right to determine the responsible person and should be a single person who will interact with the Agency in the course of cooperation and the procedure for communication during the performance of the concluded agreements.
If the delivery/service of the Agency is delayed for reasons for which the Agency is not responsible, such as, e.g. events of force majeure or other unforeseeable events that cannot be prevented by reasonable means, the service obligations shall be suspended for the duration and to the extent of the impediment and the deadlines shall be extended accordingly. If such delays continue for more than two months, the Customer and the Agency shall be entitled to rescind the contract.
4. Early termination
The Agency shall be entitled to terminate the contract for cause with immediate effect. Causes shall include but not be limited to situations where
(a) provision of a service becomes impossible for reasons for which the Customer is responsible or is further delayed even though the Customer was granted a grace period of 14 days;
(b) the Customer continues to violate material obligations under this contract, such as, e.g. the obligation to pay an amount payment of which has been demanded or duties to cooperate, despite a written warning and having been granted a grace period of 14 days.
(c) legitimate concerns exist regarding the Customer’s credit standing and, upon the Agency’s request, the Customer fails to make advance payments or to furnish suitable security prior to provision of the service by the Agency;
The Customer shall be entitled to terminate the contract for cause without having to grant a grace period. A cause shall be, in particular, where the Agency repeatedly violates material provisions of this contract despite a written warning and having been granted a grace period of at least 14 days to remedy the breach of the contract.
Unless otherwise agreed the Agency’s entitlement to fees shall arise for any specific service once the same has been rendered. The Agency shall be entitled to ask for advances to cover its expenses.
From a contract volume involving a (an annual) budget of INR/EUR/$ or contracts extending over a prolonged period of time, the Agency shall be entitled to render interim accounts or issue advance invoices or demand payments on account.
The fees shall be stated as net fees plus statutory value added tax. If in a specific case no agreement on fees has been concluded, the Agency shall be entitled to fees at market rates for the services rendered and for transfer of copyrights and marks.
If the Customer unilaterally modifies or cancels work ordered without involving the Agency within 24 hours and notwithstanding other regular support from the same, the Customer shall pay the Agency for the services provided by then according to the agreement on fees and shall reimburse all costs incurred.
Furthermore, the Agency is not obliged to render any services/paid ads until advance 50% payment of the services or cost of the ad is done.
6. FORCE MAJEURE
Both the Parties shall not be liable for any delay in performance or for non-performance of obligations under the concluded agreement, in whole or in part caused by occurrence of any circumstances beyond control of the Parties (Force Majeure), including but not limited to war, fire, floods, earthquakes, storms or other natural disasters, strikes, insurrection or other act of civil disobedience, acts of any government bodies or any other extraordinary circumstances which the Parties cannot foresee and prevent and which impede the fulfillment of obligations.
7. Warranty and Revision
The Customer shall notify any defects immediately and in any case within 24 hours of delivery/provision of the service/designs by the Agency and hidden defects not later than 24 hours after they were identified in writing including a description of the defect; otherwise the service shall be deemed accepted.
The Services and interaction shall be carried out at the following time (UTC+5:30)
Monday- Friday : 10 am - 8 pm
Saturday : 10 am - 6 pm
The agency shall not provide the Services on the following bank/public holidays or the stipulated ad-hoc Government holiday: 2021