Definition: The description of the Services is as set out in the Website, catalogs, brochures, or other forms of advertisement.Special Requirements: In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.Availability: All Services which appear on the Website are subject to availability.Changes: We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. To keep yourself updated with such changes, periodically visiting the Website.
Offer: The description of the Services on our website does not constitute a contractual offer to sell the Services. Registration in compliance with the respective Program Compliances and payment will alone entitle you to the Services for which you have registered and paid.Confirmation: A Contract will be formed for the Services ordered only when you receive an email from us confirming the registration (Confirmation). You must ensure that the Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any non-compliances on your behalf. You will receive the Registration Confirmation within a reasonable time after making the Contract.Variation: No variation of the Contract, whether about description of the Services, Fees, or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and IFBC in writing.
You have the right to benefit from the outcome of the Services only after we have received payment in full. Subject to the full payment for the Services provided, we assign to you, full legal access to such Service outcome for which we have have received payment.
General: Customer shall pay the required registration or other fees specified in the applicable Service to access them. All payments must be in the mode specified in the registration process which includes using payment gateways. If IFBC permits payment via credit or debit card, then unless prohibited by applicable laws IFBC reserves the right to charge Customer a reasonable surcharge of the total amount due hereunder, and Customer hereby consents to such charge being made against the credit or debit card provided by Customer.Currency and Taxes: Fees are in the currency designated in the applicable registration forms and include applicable taxes. Customer is responsible for payment of all applicable sales, use, value added or similar taxes imposed by a federal, state, provincial, local or other government entity relating to the provision of the Services.Disputed Fees: Customer may reasonably and in good faith dispute an invoiced amount within thirty (30) days after the invoice date, provided that Customer shall promptly pay the undisputed portion of the invoice pursuant to above Sections and may only withhold payment of the disputed portion until the dispute is resolved. The Parties shall negotiate in good faith to resolve any payment dispute within forty-five (45) days.Failure to Pay: Valid payments constitute only such payments which have been actually received by IFBC’s authorized bank account/s and corresponding receipts are provided to the Customer. Failure to make valid payments is a material breach of this Agreement and IFBC may suspend its performance obligations. Customer shall reimburse IFBC for expenses incurred, including interest and reasonable attorney fees, in collecting amounts due under this Agreement that are not under good faith dispute by Customer. Amounts paid or payable for IFBC’s Services are not contingent upon the performance of any Professional Services.Non-Circumvention of Payment: All payments must be done in the mode provided by IFBC in the applicable registration forms and Program Compliances. Valid receipts shall be provided for such authorized payments. IFBC does not authorize any of its Organizational Members (including executives and employees) or third-parties, affiliates, sponsors, partners, individuals to collect payments for any of IFBC’s Services unless expressly provided in applicable registration forms and Program Compliances. IFBC is not liable for any dispute arising from circumvention of such payment or any dispute where the valid receipts are not reproduced by the disputing party.Travel and Lodging Expenses: IFBC is headquartered at Bangalore, India. Any service requested by the Customer requiring travel outside Bangalore shall be deemed as Customer-onsite service. If Customer requests such onsite services from IFBC, the monetary expenses for availing such services will be dealt with according to the respective Program.Withdrawal, Cancellation and Refund: IFBC and its Services are provided to increase success rates of Small-Medium Businesses (SMBs) with increased efficiency and productivity. Hence, our Services are granted to limited registered subscribers. In furtherance of these objectives, and to ensure effective implementation of Services, IFBC has a no withdrawal and no refund policy. You may choose to not avail the Services after payment in which case, IFBC is not liable to return your registration and other fees.
Security Standards and Safeguards:Payment Cards: IFBC shall maintain safeguards against the destruction, loss or alteration of payment card information that is in the possession of IFBC and stored in its platform by implementing the applicable information security controls.Payment Gateways: IFBC utilizes secure payment gateway service providers who comply with secure data encryption of the highest order.Personal Data: IFBC shall maintain commercial safeguards against the unauthorized destruction, disclosure or alteration of Customer personal data that is in the possession of IFBC.Data Protection: Customer and IFBC shall comply with all applicable privacy laws and regulations and shall provide help and cooperation to the other as is reasonably necessary or requested to comply with these laws and regulations.
THE SERVICES WHICH ARE PROVIDED TO US BY THIRD-PARTIES ARE ON “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, AND IFBC DOES NOT MAKE ANY REPRESENTATION, WARRANTY REGARDING SUCH SERVICES, OR GUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF SUCH SERVICES PROVIDED OR OFFERED HEREUNDER. ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR STATUTORILY, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE IFBC SERVICES AND CUSTOMER DATA. ACCORDINGLY, IFBC CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CUSTOMER’S DATA, IFBC MAY SUSPEND CUSTOMER’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED.
IFBC’s Intellectual Property Rights: As between IFBC and Customer, all rights, title, and interest in and to all intellectual property rights in the Products and Services (including all components, derivatives, modifications, and enhancements) are owned exclusively by IFBC notwithstanding any other provision in this Agreement. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Products, or Services. All rights, title, and interest in or to any copyright, trademark, service mark, trade secret, patents, and other proprietary rights relating to the Products and Services and the related logos, product names, etc. are reserved and all rights not expressly granted are reserved by IFBC. IFBC alone shall own all rights, title, and interest in and to any suggestions, enhancement requests, feedback, recommendations, or other information provided by Customer or any third party relating thereto. Subject to IFBC’s confidentiality obligations under the Agreement, nothing herein prevents or limits IFBC’s right to undertake engagements for any other entity, transfer or license the intellectual property to other parties, or to reuse them in whole or in part in other projects, including a competitor of Customer.Customer Data: As between Customer and IFBC, Customer owns all rights, title, and interest in and to all Customer Data. Customer has sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of and right to use all Customer Data and warrants that that it has and will have all rights and consents necessary to allow IFBC to use this data as contemplated by this Agreement. Customer hereby grants to IFBC a royalty-free, fully paid, non-exclusive, non-transferable, sub-licensable, worldwide right to use and process Customer Data solely for the purpose of providing to Customer the Products and Services and any other activities expressly agreed to by Customer.
Limitations of Liability: TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY’S TOTAL AND AGGREGATED LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO (A) A PARTY’S FRAUD OR WILLFUL MISCONDUCT; (B) CUSTOMER’S OBLIGATION TO PAY FEES OWED UNDER THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES AND WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SPECIFIED REMEDIES.Exclusion of Damages: IN NO EVENT SHALL IFBC BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
Termination: Either Party may terminate this Agreement immediately upon written notice at any time if: (i) the other Party commits a material breach of this Agreement, or if the other Party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non-breaching Party within 30 days of being notified in writing of the breach; (ii) the other Party ceases business operations; or (iii) the other Party becomes insolvent, generally stops paying its debts as they become due or becomes the subject of an insolvency or bankruptcy proceeding. Termination of this Agreement by either Party will not limit a Party from pursuing any other remedies available to it, including injunctive relief, nor will termination release Customer from its obligation to pay all fees that Customer has agreed to pay under this Agreement.Suspension: IFBC may immediately restrict or suspend access to the Services if IFBC becomes aware of, or reasonably suspects, any breach of this Agreement by Customer or its authorized users. IFBC may remove any violating Customer Data posted or transmitted through its Services. IFBC will act in good faith and use reasonable efforts to notify Customer via phone or email before initiating, suspending, or restricting any Service. Customer is still responsible for full payment of the Service even if access to the Services is suspended or terminated for any breach of this Agreement.
Force Majeure: A Party will be excused from performance under this Agreement for any period that the Party is prevented from performing its obligations hereunder as a result of a software or issue with the hosting platform or due to an act of God, criminal acts, distributed denial of service attacks, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, war, utility or communication failures, or other cause beyond the Party’s reasonable control. Both Parties shall use reasonable efforts to mitigate the effect of a force majeure event.Waiver: The delay or failure of a Party at any time to enforce a right or remedy available to it under this Agreement with respect to any breach or failure will not be construed as a waiver with respect to that breach or failure or any other breach or failure.Headings: The headings used in this Agreement are for reference only and do not define, limit, or otherwise affect the meaning of any provisions hereof.Severability: If any provision of this Agreement is held invalid or unenforceable by a court, this Agreement will be construed as if not containing the invalid or unenforceable provision, and the rights and obligations of Customer and IFBC shall be construed and enforced accordingly.Assignment: Except for assignment to a Party’s affiliate (any entity which directly or indirectly controls, is controlled by, or is under common control with such Party), or in the case of a merger, acquisition or sale of all or substantially all assets not involving a direct competitor of the other Party, neither Party may assign or otherwise transfer any right or obligation set forth under this Agreement without the other Party’s prior written consent, not to be unreasonably withheld or delayed. Notwithstanding the foregoing, IFBC may subcontract the provision of Service in whole or in part to a IFBC affiliate.Relationship of the Parties: Each Party is an independent contractor in the performance of this Agreement and is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection with this Agreement.Governing Law: This Agreement is governed by the laws of the Republic of India without giving effect to its conflict of law provisions. For purposes of establishing jurisdiction in India under this Agreement, each Party hereby waives, to the fullest extent permitted by applicable law, any claim that: (i) it is not personally subject to the jurisdiction of the court (ii) it is immune from any legal process with respect to it or its property; and (iii) any suit, action or proceeding is brought in an inconvenient forum.Takedown Notice: To the best of IFBC’s knowledge, all material published by IFBC on its web pages and other media properties, are done in full agreement with the original copyright owners. If Customer comes across a situation where Customer suspects that this may not be the case, the Customer shall contact IFBC at email@example.com. Customer’s notice must include the following information:Identification of the copyrighted work Customer is claiming has been infringed.Identification of the material Customer is claiming is infringing the copyrighted work and information reasonably sufficient to permit IFBC to locate the material. Please provide a link if possible.A statement that Customer has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.A statement that the information Customer provided in the notification is accurate, and under penalty of perjury, that Customer is the copyright owner or that Customer is authorized to act on behalf of the copyright owner.Customer’s physical or electronic signature.IFBC reserves the right to terminate or disable, in appropriate circumstances and at IFBC’s sole discretion, Customer’s account if Customer is determined to be a repeat infringer.
Publicity: Customer agrees that IFBC may identify Customer as a recipient of Services and use its logo in sales presentations, marketing materials and press releases.Notices: Any notice required or permitted under this Agreement or required by law must be in writing and must be: (i) delivered in person (ii) delivered by electronic mail to the address. Either Party may change its contact person or address for notices by means of notice to the other Party given in accordance with this Section.
Dear [your-name] ,
The virtual appointment on [Datetime] will shortly be reconfirmed. Expect an email from our office with the zoom meeting link if time or alternate suggestions.
Your Name or User Name
Your Email ID