General
For the purpose of these Terms & Conditions of use, wherever the context so requires “You” or “User” or “Customer” shall mean any natural or legal person who has agreed to use the Website and platform to browse and access its services, Whereas, “We” or “Us” or “Company” stands for PitchWorx.
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.pitchworx.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.
Please give a keen read to the terms and policies as the use of our website and platform is governed by our terms and policies as mentioned by these Terms & conditions of Use. The Customer’s use of our site and platform will signify the Customer’s acceptance to the Terms of our Service and Privacy Statement. If you do not agree with any of these terms, kindly exit PitchWorx.com and do not use our services. The Company reserves the right to change the Terms of Use and Privacy Statement at any point of time without any notification to the Customer. Kindly visit these Terms at consistent intervals to keep the Customer’sself updated to the most recent Terms of Use.
Contract Formation
The Company provides a range of services, including Custom design, template-based design, and enhancement of slides based on drafts/content submitted by the Customer (“Services”), as detailed on our website and Platform.
The provision of Company Services occurs on a project basis, as requested by the Customer. When placing an order, the Customer uploads draft slides with text and/or graphics onto the Platform. The Platform then generates an estimate price and delivery time, which should be considered as an offer for sale, and it carries legal enforceability. By confirming the quoted price and paying for the same the Customer extends a purchase order. A contract for the Company’s provision of Services comes into effect once the Company formally accepts the Customer’s offer in writing. Please note that the price automatically generated on the Platform might be open to adjustments until the Company officially accepts the Customer’s offer. The initially quoted price and delivery timeframe do not encompass any additional services chosen by the Customer. Moreover, the Platform does not evaluate whether certain slides require revision or enhancement. Should this be necessary, the Company will communicate with the Customer to discuss any alterations to the price and/or delivery schedule. Such communication signifies a purchase order revision and may require the customer to pay an additional fee for the change in scope. A contract for the Company’s provision of Services takes shape when the Customer accepts the Company’s offer. By agreeing to the quoted price, the Customer enters into an obligatory and unalterable agreement.
Services and Delivery
The Company delivers the Services on the Platform to the deadline agreed with the Customer.
Upon delivery of the Services, the Customer is entitled to three (3) revisions of the Services free of charge. After the third 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 .ppt or .pptx file or in any other formats specified by the Customer when placing an order, and will be available immediately after approval of the slides.
The Customer approves the Services on the Platform, either after the first delivery or after the first or second or third 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.
Approval of work done
On completion of the design the Customer will be notified and have the opportunity to review it. The Customer must notify us in writing via email of any changes you wish to make to the design within 3 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved. The work cannot subsequently be rejected and the contract will be deemed to have been completed. The Company will strive to be flexible with the Customer within reason during the Customer’s design process.
Supply of materials
The Customer must supply all materials and information required by us to complete the work in accordance with any agreed specification within the plan chosen. Such materials may include, but are not limited to, content, specific product photographs, written copy, logos and other printed material that the Customer would like included in the building of the Customer’s design. Where there is any delay in supplying any of these materials to us which leads to any delay in the completion of website design work, the Company have the right to extend any previously agreed upon deadlines. All stock images from standard stock sites shall be procured by the Company at our cost. However any specific stock footages/ videos, product images or photographs, audio files etc., required to be included in the design, shall be provided by the Customer at it’s own cost.
Project delays and Customer liability
Any time frames or estimates that we give are contingent upon the Customer’s full cooperation and the provision of all required information, content, images etc to complete the design. During design there is a certain amount of feedback required in order to complete the project, so it is required that a single point of contact be appointed from the Customer’s side and be made available on a daily basis in order to expedite the design and feedback process.
Additional Effort
For scope of work not originally agreed upon at the time of ordering/ sign up, the Company will provide additional support if needed, for any additional effort requested by the Customer with site content, images, data, information and any materials requested in the Customer’s design. The Company will charge such additional effort based on overall assessment of the effort or scope creep and bill the Customer in advance before commencement of work.
Availability and Location
The Company shall be available to provide Services to the Customer for 8 hours per day on business days, Monday to Friday. The Company may place the production of the Services anytime between 9 am – 9 pm India time. The Company strives to deliver the first design draft of all the Customer’s slides within the chosen time by the Customer from the time the content of slides has been uploaded to the Platform.
The Company’s service availability follows the Indian Holiday calendar. Hence, the Services will be unavailable on national holidays in India. The maximum days of unavailability cannot exceed 27 business days during 12 consecutive months.
The Company primarily produces the Services in India, but The Company may choose to produce the Services from another location, without giving the Customer notice of the change of production location.
If the Company’s performance is hindered by an act or omission of the Customer, the Company’s non-performance shall not constitute a breach of contract.
Pricing
The price payable per slide depends on the type of Service requested, i.e. slide fix up, template based design or custom design, and is stated in the Customer’s order confirmation.
Payment
When Services are purchased on a project basis, the Customer pays per project delivery. The Company accepts 100% advance payment only and the customer is expected to pay for the Services while placing the order on the website and platform.
Subcontracting
The Company reserves the right to subcontract any services that we have agreed to perform for the Customer during the design phase as we see fit. The Company (and any subcontractors it engages) agrees that the Company will not at any time disclose any of the Customer’s confidential information to any third party.
Licensing
Once the Customer has paid us in full for our work, which is the complete payment of the invoice, the Company shall grant the Customer a license to use the design and its related software and contents for the life of the design.
Consequential loss or damage
The Company shall not be liable for any loss or damage which the Customer may suffer which is in any way attributable to any delay in performance or completion of the Company contract, design and support, however that delay arises.
Confidentiality & Non-Disclosure
In the course of providing creative services to the Customer, the Company may come into possession of certain confidential and proprietary information of the Customer. Both parties agree to the following terms to ensure the protection of this sensitive information:
- Confidential Information: “Confidential Information” refers to any information, data, materials, concepts, ideas, designs, plans, trade secrets, know-how, and other proprietary information disclosed by the Customer to The Company for the purpose of receiving creative services.
- Obligations: The Company agrees to maintain the confidentiality of all Confidential Information received from the Customer. The Company will not use, disclose, reproduce, distribute, or otherwise make available the Confidential Information to any third party without the prior written consent of the Customer.
- Permitted Disclosures: The Company may disclose Confidential Information only to its employees, contractors, or agents who need to know such information for the purpose of providing the agreed-upon creative services. The Company shall ensure that such individuals are bound by similar confidentiality obligations.
- Protection Measures: The Company agrees to take reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to using secure storage, access controls, and encryption where applicable.
- Exclusions: The obligations set forth in this clause shall not apply to any information that:
- Is publicly available or becomes publicly available without a breach of this agreement.
- Was rightfully in the possession of the Company prior to the disclosure by the Customer.
- Is independently developed by the Company without reference to the Confidential Information.
- Is disclosed with the written consent of the Customer.
- Return or Destruction of Information: Upon completion of the creative services or upon the Customer’s request, The Company shall promptly return or destroy all materials and documents containing Confidential Information.
- Equitable Remedies: Both parties acknowledge that any breach or threatened breach of this confidentiality and non-disclosure clause may result in irreparable harm to the Customer. The Customer shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, to prevent or restrain any breach or threatened breach.
- Survival: The obligations of confidentiality and non-disclosure shall survive the termination or expiration of any agreement between the parties for a period of two (2) years.
Cancellation Policy
The Customer may cancel the Customer’s order for creative presentation design services within 24 hours from the time of purchase provided the delivery timeline for service order is 3 days or more. However the Customer will not be entitled to cancel and receive a refund of their payment, if the order has been initiated and/ or processed in part or full. To initiate a cancellation, please contact our customer service team via email at contact@pitchworx.com. After the specified cancellation period has passed, the Customer’s order becomes non-cancellable and non-refundable.
Refund
If the Customer cancels the order within the specified cancellation period, the Customer will receive a full refund of the amount paid. Refunds will be processed using the same method of payment used for the original purchase. Please allow ten (10) business days for the refund to appear in the Customer’s account.
Usage Policy
The Company may change, suspend or discontinue any aspect of the Company’s services and the customer’s access to the website and platform at any time, including the availability of any feature, database and/or content. The Company may also impose limits on certain features and services or restrict the Customer’s access to parts or all of the Services without liability. Where and if these changes or suspensions 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.
Availability of Services
The Company endeavors 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 endeavor 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.
Copyright
If the Customer provides the Company, with goods, material, photographs, film, data or information to be used in any form, the Customer hereby warrants that these do not infringe the rights of third parties and indemnify the Company against any action taken against the Company by any such third party.
Without limiting the generality of the foregoing, the Customer agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
The Company for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on the Customer’s behalf.
Trademarks
All trademarks, logos, designs and images used in connection with the Platform and Services remain the property of the Company or their respective owners. The Customer must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that the Customer supply to the Company to include in the Customer’s design. The Customer must indemnify the Company and hold the Company harmless from any claims or legal actions related to the content of the Customer’s slides.
Indemnity, 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 IS” AND “AS AVAILABLE” 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, including but not limited to delay and non-performance, 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, unless the Company has acted with gross negligence or intent. In any event, the Company’s liability to the Customer shall be limited to typical and foreseeable damage and shall not exceed the fees for the specific project in question.
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. The Company may terminate the Terms or suspend access to the Platform at any time. If the Customer or the Company terminates the Terms, or if the Company suspends the Customer’s access to the Platform, the Company shall have no liability or responsibility and the Company will not refund any amount paid by the Customer, unless specifically provided elsewhere in these Terms.
Other Guidelines
- belongs to another person and to which the Customer do not have any right;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
Contract Amendment
The Company may amend these Terms at any time by posting the amended terms on its Platform. It is the Customer’s responsibility to review these Terms from time to time to check if they have been amended. By continuing to use the platform after any amended terms have been posted, the Customer will demonstrate that they accept the updated Terms.