Terms & Conditions
1. Definitions
In this document, the following words shall have the following meanings:
1.1 CLIENT means any individual, partnership, limited company, charity or organization that from time to time purchases Services from the Company
1.2 COMPANY means EXPORTAL INDIA PVT. LTD, registered at Plot no. 58, Sector 15-A, First Floor Crown Plaza Mall, Faridabad, Haryana 121007
1.3 PROPOSAL means a statement of work, quotation or other similar document describing the services to be provided by the Company
1.4 SERVICES means the services specified in the Proposal
FEES shall mean all charges and expenses that will be invoiced by the Company to the Client for the services provided
2. General
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Company to the Client and shall prevail over any other documentation or communication by the Client
2.2 Any variation to these Terms and conditions shall be inapplicable unless agreed in writing by the Company
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any statute law or regulation
2.4 Nothing in these Terms and conditions shall affect the Client’s statutory rights as a consumer
3. The Service
3.1 The service proposal agreed that link to these Terms and Conditions should remain valid of a period of 30 days
3.2 The Client shall be deemed to have accepted the service proposal by placing an order with the Company within the period specified in Clause 3.1
3.3 The Company will not commence work until the Client has accepted these Terms and Conditions as well as the instructions including, but not limited to, a proposed timeline and an estimate of fees that will be set out in an accompanying proposal.
3.4 The service proposal will be the best estimation of the time required to meet your needs. If further time is required, you will be consulted before any further activity takes place.
3.5 Company may, at its discretion, commence work prior to a receiving written, signed proposal as defined in 3.3. In these circumstances, the Client agrees that these terms and Conditions shall wholly and solely apply.
3.6 The Company shall not be liable for failure to complete the work within the proposed timeline.
4. Fees
4.1 The fee for the Service is as specified in the service proposal and outlined expenses
4.2 Fees are based on the Company’s current assessment of costs and are subject to amendment subject to clause 11 – Cancellation and Termination
4.3 Payment of the fee shall be in the manner specified in the Proposal
4.4 The Company reserves the right to charge fees on a monthly basis for work carried out as part of the contract.
5. Completion And Payment Of Fees
5.1 Completion of the work shall be deemed to have taken place when such work, as described in the Proposal, has been carried out. At this stage, full payment of the fee shall become due
5.2 Should the contracted work be delayed or suspended at the request of or through and default of the Client for a period exceeding four weeks; Company shall be entitled to payment of the fees resulting from all the work carried out up to and including the end of the period
5.3 Should the contracted work be delayed or suspended at the request of or through and default of the Client for a period exceeding four weeks, and Company shall be entitled to payment of the fees resulting from all the work carried out up to and including the end of the period
5.4 Payment terms are strictly 30 days from the date of the invoice unless agreed beforehand
5.5 If the Client fails to make any payment within 30 days of it becoming due, the Company shall be entitled to charge interest at the rate of 1.5% per month on the outstanding amounts
5.6 Payment for diagnostic assessment is required on completion of the assessment report
5.7 Payment for further work will be agreed with the Client and made once milestones are completed.
5.8 Invoices will be raised by Company work is completed.
5.9 Payment of the invoices will be within 30 days of issue
6. Client Obligations
To enable Company to perform its obligations, the Client shall:
6.1 Keep agreed appointments In order to meet the necessary timescales
6.2 Provide the Company with any information reasonably required by the Company like content for their website & product images etc.
6.3 Obtain all necessary permissions and consent, which will be required before the commencement of the services, the cost of which is the sole responsibility of the Client. In certain circumstances, this may include evidence that the Client holds a specific legal status with respect to a related individual and can make decisions in their best interests. E.g., Enduring Power of Attorney
6.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7. Company Obligations
7.1 The Company shall perform the Services with reasonable skills and care and to a reasonable standard in accordance with recognized standards and codes of practice
7.2 The Company accepts all responsibility to fulfil the Service that is within its’ control by the agreed timescales and to a satisfactory standard.
7.3 Company is committed to the following service standards
7.3.1 All information supplied by the Company to the Client will be impartial
7.3.2 The Company will provide understandable information that will empower an individual to choose the right care choice for them
7.3.3 Identified cultural priorities will be respected
7.3.4 Individual and diverse needs will be embraced
7.3.5 All associates working with the Company will be vetted and checked for suitability through the Disclosure and Barring Service
7.3.6 All Associates working with the Company will have relevant qualifications, skills and/or experience and will have completed the Company’s learning and development program
7.3.7 The information supplied by the Client will be confidential. No information will be supplied to a third party without the Client’s expressed permission See clause 8
7.3.8 Following each intervention, we will seek client feedback to monitor and improve our Service continually
8. Confidentiality & Data Protection
8.1 Information disclosed by the Client will be kept confidential and shared only with relevant staff providing the Service as agreed.
8.2 All information retained by the Company will be processed strictly in accordance with the provisions of the Data Protection Act 1998 and its successors. Such information shall be held solely for the purposes of fulfilling the contract.
8.3 The Company will not transmit any personal data held on behalf of the Client except where a) The transfer is a necessary part of the work undertaken to fulfill the contract or b) There is a requirement to do so by operation of the law. For example, if there is a situation where concerns are raised regarding the safety and well-being of the Client, or for the person for whom the Service is provided.
9. Complaints And Disputes
9.1 The Company will always aim to deliver excellence; however, there may be times when the Client is not happy with the Service provided by the Company. The Company has a complaints procedure. A copy will be issued with the Proposal. This procedure sets out the process for making a complaint and the amount of time you should expect to wait for a full response and investigation.
9.2 If there is a dispute about the interpretation or operation of this contract, then the Company will make every effort to resolve the dispute when and where it arises, negotiating on the basis of good faith
10. Cancellations & Termination
10.1 The Client may cancel the Service by notifying the Company in writing at the address above, giving 7 days' notice.
All work undertaken up to receiving cancellation must be paid for within the notice period
10.2 The Company may terminate the Service for any good reason within 30 days, giving written notice to the Client
10.3 The Company may, at the Client’s expense charge any costs relating to the winding up of any work being carried out as part of the contract including, but not limited to, fees, court or tribunal costs, or any other reasonable third party liabilities
10.4 100% refund, will be issued, for any cancellation, that occurs within 7 days of payments received by Exportal India Pvt. Ltd. The mode of refund shall be the same as the payment mode and process within 15 days of cancellation.
11. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. Governing Law And Jurisdiction
Any disputes or claims arising out of or in connection with these Terms and conditions of Business or the contract shall be governed by and construed in accordance with the law of Republic of India