STANDARD BUSINESS TERMS AND CONDITIONS WITH DR PREM AND ASSOCIATES.
All Consultancy, Promotional, Marketing, Publication and Training Services are subject to Standard Business Terms and Conditions mentioned below unless otherwise mentioned separately in an agreement, Here client are referred to an organization which opt for services and agency refers to Dr Prem and Associates
- Terms. All Services, Packages, Deliverables, Tools, Technology, Guidance, Training, Publication, Solutions, Events, Masterclasses and other relevant Services provided by Dr Prem and Associates shall follow standard business terms and conditions mentioned in this page and/or in written agreements. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time with or without notification. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. By using the Service in any way, you are agreeing to comply with the standard terms and conditions.
- Cancellation or Termination – Either party can terminate the packages contract only after completion of services and payment schedule mentioned in the packages. All packages are subject to full services and full payment. After completion of the duration of the packages and agreement, the client might go for optional monthly or annual services. Either party can terminate those optional services after one month’s written notice and only after completing at least three months of services/payment. If terminated prematurely, all settlements should be done prior to the final termination date.
- Compensation and Liability – While the agency will provide all services mentioned in this agreement, it shall not be responsible or liable in any way for any shortage or discrepancy in any services, which may cause any damage or loss or destruction of any services, goods, sales or other disposition leading to any errors, acts, omission or delay of any kind occurring in the services and activities. Agency accepts no liabilities in any way, whatsoever may be the reason. Hereby, each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct. In no event will agency be liable for any indirect, punitive, special, incidental or consequential damages in connection with, related to or arising out of this Agreement, the Services or Deliverables (including interruption of business, loss of profits, revenues, savings, opportunities, use, data, or other economic advantage), regardless of the theory of liability, whether for breach of this Agreement, including breach of warranty, or in tort or otherwise, even if the agency has been previously advised of the possibility of such damages.
- Completion. Upon completion of the agreement, the agency would provide training for further use of the website, documents and files. After completion, the agency will not be responsible to do day to day work and/or renewal of domain/hosting unless the client has opted for annual maintenance. The entire proposal shall be paid for as per payment terms stated. The agency will hand over all digital files only after receiving all payments and subject to the ownership clause. The agency shall not be responsible for delivering projects on time if delays are caused by clients in approvals or execution of scope of service
- Confidentiality: The client and agency will respect the confidential nature of the information and data furnished by the client and agency. Both parties will not disclose any such information to third parties without authorization by the appropriate authority. Clients agree to use all material provided by agency for particularly current project, except in furtherance and for the purposes of receiving and providing Services, or disclose, the other party’s “Confidential Information”, defined as any confidential or proprietary written or oral information or materials disclosed or revealed during the Services and originating from the agency. Agency’s Confidential Information will include the agency’s Materials and Deliverables and any information or knowledge regarding agency’s staff, including personal information; and such information that a party or its employees, consultants etc may have access to while performing obligation under using the services. Agency’s confidential Information will include the pricing and other terms of services/activities/knowledge and any information or knowledge regarding agency’s staff, including personal information. The client and/or receiving party will protect the confidentiality of the agency’s confidential Information to the same degree of care, but no less than reasonable care, as such a party uses to protect its own confidential information. For the purpose of this Agreement, the term Confidential Information includes but is not limited to any proprietary or third party information, confidential information, trade secret. The obligations of this section will not apply to any portion of Confidential Information that: (a) is now, or hereafter through no violation of this Agreement, becomes generally known; (b) is independently developed by the receiving party without any use of Confidential Information; (c) is hereafter rightfully furnished to the receiving party by a third party without restriction on disclosure; (d) was rightfully known to or lawfully in the possession of the receiving party at the time of disclosure; (e) is authorized to be released by the disclosing party; or (f) is hereafter required to be disclosed pursuant to a legal proceeding or otherwise required by law, provided reasonable prior notice is given to disclosing party with sufficient opportunity to contest or limit such disclosure.
- Payments. Agency shall consider the proposal terminated in case the client doesn’t honour payment terms. All packages are subject to full payment in advance unless specified in the agreement. The client must respect the payment terms all the time. All payments have to be made in advance either as a lump sum or in certain instalments (as mutually agreed). All payments must be made in favour of Dr Prem and Associates. Next, all payment terms have to be strictly followed, failing which may lead to the cancellation of the agreement. In case clients opt for installments, all the services will be delivered in phases based on the best of agency’s knowledge and package they go with.
- No refund. The client has read and understood all the services mentioned in the package / agreement carefully; and only after going through all the details, they have provided their consent to initiate the project. We will deliver all services mentioned in the agreement within fair resource utilization. However, no refund shall be made for consultancy packages or content orders or online related services.
- Disputes & Resolutions. All disputes must be resolved amicably. If the issues are not resolved mutually, sufficient attempts shall be made to resolve the matter using arbitrators prior to seeking any legal recourse. All disputes, complaints and issues shall be presented in writing within one month of initiation of dispute and within one month of date of completion of agreement. Neither party will defame the other party in any way including personally, publically, on social media or any platform.
- Final Proposal. This page provides extensive and comprehensive terms and conditions which must be read alongside any written or online agreement made by Dr Prem and Associates. In Case of no written agreement or online agreement or specific agreement agreed by both parties this page shall serve final terms and conditions agreed by both parties. The final agreement or this page supersedes any prior agreements, promises, negotiation or representations, either oral or written, relating to the subject of this Agreement and, except as provided for herein, may not be modified without the express written approval of both parties.
- Force Majeure. Neither party shall be liable for nor deemed to be in default for any delay or failure to perform under this agreement deemed to result, directly or indirectly, from acts of God, government policy changes, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquake, endemic or pandemic, natural calamities, flood, failure of transportation, strikes or unforeseen events, other work interruptions by either party’s employees or any other cause beyond the reasonable control of either party.
- Non-solicitation: The client agrees that, during the agreement period and 2 years after that, they shall not, directly or indirectly, a) interfere with or attempt to interfere with any relationship between the agency and any of its employees, consultants, independent contractors, agents, clients, partners, associates or representatives, (b) employ, hire or otherwise engage, or attempt to employ, hire or otherwise engage, any current or former employee, consultant, independent contractor, agent or representative of the agency in a business competitive with the agency, (c) solicit the business or accounts of the agency or (d) divert or attempt to direct from the agency any business or interfere with any relationship between the agency and any of its clients, suppliers, customers or other business relations.
- Ownership. Until the full payment is made and the project is marked completed, Dr Prem and Associates owns complete content, data, idea, concept, design, business material, planning, website and all material created by Dr Prem and Associates. Only upon completion of the project, the client can ask for a copy of material/website/content. All material/concept/design/ideas provided by the client must be used for current projects and business only.
- Use of Services and Tools. The Client agrees to use the service only for lawful purposes and at any time, shall not use the Service for any illegal, fraudulent, improper or abusive purpose or in any way, which interferes with the Service providers ability to provide the Service to other customers, prevents or restricts other customers from using the Services, or damages any Service provider or other customer’s property. The client agrees not to use, share, reproduce, copy, or distribute any of the content, design, concepts, ideas, the project, website and other material shared by the agency in a manner that harms the growth of the agency or creates unnecessary competition with the agency’s services. All training, guidance, content, concept and material shall be used exclusively by the client for own organization, reselling, sharing or allowing some other organization to access the information will be a violation of the agreement and will invite legal action. Client agrees to the use of automated means, including spiders, robots, crawlers, data mining tools, or the likes to download data from the services, pages and tools.
- Use of Third Party Tools, Domain, Website Themes, Plugins, Stock images, Directories, Portals, ChatBots, Mail Services, Social Media Accounts, Tools and Technology and all kinds of third party material is always subject to terms and conditions of the third party including renewal, fees and usages terms.
- Packages Services. All services are limited to benefits mentioned in the scope of services, delivered in accordance with the standard manners, practices and best of knowledge of the agency. No custom services or custom benefits shall be considered as part of a standard package; and for availing any custom services, the client must specifically ask the agency for a custom proposal. All out of pocket services shall be paid separately on mutually agreed terms.
- Laws & Jurisdiction.This agreement shall be governed by the laws of India and the Parties hereby agree to submit themselves to the exclusive jurisdiction of the courts in Mumbai, India. Both parties agree not to initiate any legal action until all disputes are resolved as mentioned in Clause 11. Also, both parties agree to respect the jurisdiction whatever may be the case. All legal action must be done within one month of disputes or within one month of the date of completion of agreement.
- Special Project Work and out of pocket expenses requiring additional agency time and resources, beyond the scope of work outlined in this agreement, are subject to an additional charge. Such services shall be discussed and agreed mutually. No additional expenses shall be paid by the client if it was not mutually agreed.
- Online Services. All Online Services shall be delivered online and no physical services will be provided unless specified in the agreement.
- The publication of articles, reviews, writing or promotional media creation on Dr Prem and Associates channel or Web Magazine Network or the associate websites are subject to editorial approval. The agency/network can edit, delete or migrate articles to any other website without any prior notification.
- Relationship. In case entering into any relationship or utilizing Dr Prem and Associates services in any manner, as a paid or barter or co-operation or joint promotion, the Client may refer to the agency as “Consultant” or “Mentor” “Knowledge Partner” or “Promotional Partner”. The Agency may refer to “Client” “Client” “Our Clients”, “Partners” “User” or “Associate”. Such a relationship should not be considered as a Joint Venture or Business Partnership or Specified Business relationship unless specified in written agreements.
- The Best of Ability. The agency shall provide the services based on best of ability, knowledge, sample works of the agency and team members and within the scope of services of agreement. No customization or out of expertise and/or out of knowledge services shall be expected by the client or customer
- Domain and Hosting. – Both Domain and Hosting Services are provided for one year by the Agency (or as specified in agreement). Such services are not auto-renewed and the client must proactively communicate and pay fees for renewal. Agency is not responsible for deletion of material incase of non-renewal.
- Empowerment and Exclusion – The agency believes in empowering the client’s team, hence the agency will develop a strategic plan, provide strategic consultancy and will develop communication, media, marketing, business development plans. Agency will not be responsible to do day-to-day work for the client to implement plans. The client shall hire team members such as marketing team, customer services team and support service team to implement plans suggested by the agency.
- Communication and Language. All communication must be formal and approved by the responsible department head. No verbal or social media communication shall be considered as formal communication. English shall be the language for communication and for all legal purposes.
- Revision. In case of website or design or content-related work, the agency will design the page/pages/website and maximum two revision requests will be accepted.
- Strictly for informational purposes. Dr Prem and Team does not provide any type of Medical Diagnosis, Medical Advice, Medical Recommendation, or Medical Treatment. The content of the web site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical/surgical/dental/cosmetic advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. None of Dr Prem Jagyasi’s Team Member or it”s website content or services recommends or endorses any specific tests, physicians, products, opinions or other information that may be included on the web site. Reliance on any information appearing on the web site, and/or by it”s service providers and/or content provider on the part of visitors is solely at their own risk.
- Tools’ development and renewal terms. The Agency takes utmost care in providing the best tech solutions; however, it cannot be held responsible for any unintentional errors, bugs or technological glitches. The agency promises to solve bugs within a standard timeframe subject to complexity of issues during the development period. Post development or after handover of webapp/software /website or making software/webapp/website live, clients must pay for annual maintenance fees to continue to fix bugs/errors/issues (if any).
- Third party liabilities. Also, some of solution outlined and proposed through our websites/webapp/software are just a platform to support interaction such as doctor / patient / hospital / facilitator / customer / provider interaction, and the agency shall not be responsible for services offered by the client or third parties, including the end-results and outcomes from such interactions. The Client must have its own legal, privacy and security structure in place while using the solutions proposed, designed and implemented by the Agency.
- Custom Payment Gateways. Only if applicable, the payment gateway integration by agency is subject to standard terms. The client must provide details of the payment gateway. The agency isn’t responsible for any transaction errors or errors on the payment gateway side. Any custom payment gateways are subject to additional charges.
- Paid Services. All optional paid services are excluded from package benefits and clients must pay for such services in advance on a monthly basis.
- Editing. All our websites are designed with Dynamic Content Management System, which allows you to add content of your choice and edit the website the way you like. You may also host the website on your server. We will provide you with a wordpress zip file, which is easy to install on your server. However, once we share backend credentials or you start editing the site or hosting site yourself, we aren’t responsible for the comprehensive management of your website.
- Posting. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
- Third Party Relationship. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text.
- Notification Of Claims Of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to “The Agency”’s agent for notice of claims of copyright or other intellectual property infringement: by email [email protected] and copy at drprem.com/contact Please include the following with your Notice to our Abuse Agent: The identity of the material on “The Agency” that you claim is infringing, in sufficient detail so that we may locate it on the website. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Your address, telephone number, and email address. A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and Your physical or electronic signature.
- Code of Conduct. You agree not to share, post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
- No Spamming. You understand and agree that sending unsolicited email advertisements to “The Agency” email addresses or through “The Agency” computer systems is expressly prohibited by these TOU. Any unauthorized use of “The Agency” computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
- Proprietary Rights. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of “The Agency”. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of “The Agency”, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. “The Agency”, as well as certain other of the names, logos, and materials displayed on “The Agency”, constitute trademarks, trade names, service marks or logos (“Marks”) of “The Agency” or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with “The Agency” or those other entities.
- Violation of Terms and Liquidated Damages
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay “The Agency” one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If “The Agency” establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay “The Agency” one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access “The Agency” in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to “The Agency” email addresses or through “The Agency” computer systems, you agree to pay “The Agency” twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay “The Agency” one hundred dollars ($100) for each item of Content posted. In its sole discretion, “The Agency” may elect to issue a warning before assessing damages.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without “The Agency”’s express written permission, you agree to pay “The Agency” three thousand dollars ($3,000) for each day on which you engage in such conduct.
- Feedback. We welcome your questions and comments. Please send them to [email protected]