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Terms & Conditions

The following terms and conditions (“Consignee of services/Advertises/Receiver/Client Terms and Conditions”) govern the placement and delivery of advertising (“Ad”)/service as set forth in the Insertion Order/Purchase Order submitted by the Client/Advertiser/Consignee. The Client Terms and Conditions and any associated Insertion Order or Purchase Orders are collectively referred to herein as the “Client/Advertiser/Advert Agreement/PO for Services/ Service/Advert Purchase Order”.

This Agreement is entered by and between JMC IT MAHAL and the company named as Client in the IO/PO (“Client”) and/or the agency listed in the IO/PO for such Client (“Agency”), if any.

1. Invoices

Invoices will be sent by JMC IT MAHAL at such times as provided in the IO/PO, or otherwise from time to time according to JMC IT MAHAL’s normal billing procedures. Invoices will be sent to the billing address of the Client or Agency, as applicable and as set forth in the IO/PO. Failure by JMC IT MAHAL for whatever reason to send a timely invoice will not affect Client’s obligation to pay for any Ads/Services placed/rendered in accordance with the IO/PO.

2. Terms of Payment

Payment is due within thirty (10) calendar days following the date of invoice, unless JMC IT MAHAL expressly agrees otherwise in the IO/PO. Payment not made within five (5) business days of the due date shall accrue interest at the rate of 1.5% per month, or if less, the highest rate permitted under law. All costs of collection, including reasonable legal fees and expenses, incurred by JMC IT MAHAL shall be borne by the Client. The Client shall pay all sales, use, excise and other taxes which may be levied upon either party in connection with this Client Agreement, except for income taxes.

Should the Client have any other outstanding and overdue amounts owed to JMC IT MAHAL for any other service or products, amounts paid for an advertisement/services may be applied to such other debts, in the discretion of JMC IT MAHAL.

3. Payment Liability

In the case of any Agency listed on the IO/PO, JMC IT MAHAL will hold Agency and Client jointly and severally liable for payments. Should sums not have been cleared to Agency, Agency agrees to make every reasonable effort to collect and clear payment from Client on a timely basis. Upon JMC IT MAHAL’s request, Agency will make available written confirmation of the relationship between Agency and Client. Such confirmation will include, for example, Client’s acknowledgement that Agency is its agent and is authorized to act on its behalf in connection with the IO/PO and confirm these Client/Consigne Terms and Conditions.

4. Delivery of Advertising Materials/Specifications of requirement

The Client will, at its sole cost and expense, create and deliver all advertising materials required for any Ad (“Advertising Materials/List of requirements”) according to technical specifications provided by JMC IT MAHAL. If the delivered Advertising Materials do not conform to JMC IT MAHAL’s technical specifications or do not arrive timely enough to deliver the Ad on any agreed dates according to the IO/PO, then JMC IT MAHAL, in its sole discretion, may: (a) reject such Ad and refund any applicable amounts paid in advance; or (b) postpone running such Ad until a reasonable period of time after (i) the non-conforming Advertising Materials are corrected, or (ii) the late-arriving Advertising Materials are received; in any case, JMC IT MAHAL may begin to charge the Client on the IO/PO start date on a pro rata basis based on the full IO/PO for each full day the Advertising Materials are not received.

5. Client and Agency Representations and Warranties

The Client, and any Agency listed on the IO/PO on its behalf, is responsible for any liability arising out of or relating to any Ad and Advertising Materials provided by the Client or Agency hereunder and any material to which users can link through such Ad (“Linked Content”). The Client represents and warrants that no part of the Ad, Advertising Materials or Linked Content will: (a) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses or other similar harmful or deleterious programming routines.

6. DISCLAIMER OF WARRANTIES

JMC IT MAHAL PROVIDES ITS PUBLICATIONS, WEBSITES, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. IN THE EVENT OF ANY ERROR OR MALFUNCTION IN THE DISPLAY OR DISTRIBUTION OF ANY AD, JMC IT MAHAL’S SOLE OBLIGATION WILL BE TO REPRINT OR REDISPLAY THE AD AS SOON AS REASONABLY PRACTICABLE. JMC IT MAHAL DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AND EXPRESSLY EXCLUDES ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW.

7. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL JMC IT MAHAL BE LIABLE BE LIABLE FOR ANY LOSS OF PROFITS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES OR LOSS OR CORRUPTION OF DATA OR INFORMATION, OR PURE ECONOMIC LOSS, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS CLIENT AGREEMENT INCLUDING ANY IO/PO (EVEN IF JMC IT MAHAL WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING). UNDER NO CIRCUMSTANCES SHALL JMC IT MAHAL BE LIABLE TO THE CLIENT, AGENCY OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAN THE AMOUNTS RECEIVED BY JMC IT MAHAL UNDER THE RELEVANT IO/PO IN RELATION TO WHICH SUCH LIABILITY MAY ARISE. IN LIEU OF REFUND, JMC IT MAHAL SHALL BE PERMITTED TO CAUSE THE PLACEMENT OF “MAKE-GOOD” ADVERTISING, IF THE “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER THE LIABILITY HAS ACCRUED.

8. Indemnity

Each of the Client and any Agency agrees to indemnify, defend, and hold harmless JMC IT MAHAL and its affiliates, directors, officers, agents and representatives for and from any claims, liabilities, losses, costs and expenses (including reasonable legal fees and disbursements) resulting from or arising out of (a) the acts or omissions or breach of this Client Agreement by the Client or such Agency as applicable (including Client’s Representations and Warranties set forth above), (b) the content or subject matter of any Ad or Advertising Materials, or (c) any violation of any applicable laws, rules, regulations, industry guidelines or policies, including without limitation relating to any end user or other data that it may collect or have collected in relation to the Ads placed according to the IO/PO.

9. Miscellaneous

This Client Agreement, including these Client Terms and Conditions and associated IO/PO(s), sets forth the entire agreement of the parties and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter hereof. Only a written addendum signed by both parties may change this. This Client Agreement will be governed and construed in accordance with the laws of the Commonwealth of Virginia. The Client and JMC IT MAHAL agree to submit to the exclusive jurisdiction of the courts of Fairfax County, Virginia. If any provision of this Client Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

Refund & Cancellation Policies

Like most Internet B2B and Marketing or Media Companies, JMC IT MHAL PVT LTD cannot issue you a refund for the services that we render. This includes PR Distribution, e-Media/e-services, photography, social media, graphics work, print work, logo design, web and content writing, content based publication and Media Partnerships. We take a careful approach to helping you get the best Internet exposure possible. We guarantee use of the best media/marketing practices possible, using only “white hat” Media or Marketing or Advertising techniques to help you grow your business exposure and product awareness. And if given a long-term opportunity, we do guarantee you’ll see higher ROI from all our efforts — Therefore, we provide fully proven tracking results.

JMC IT MAHAL does not have control over the policies, and practices, of third party companies/websites such as, but not limited to, Google, Google My Business, Yelp, Trip Advisor, Expedia, Travelocity, Orbitz, Booking.com, Bed and Breakfast.com, or similar sites/directories. JMC IT MAHAL does not have control over third party social media companies and practices such as, but not limited to, Facebook, Twitter, Instagram, or similar businesses.

Client assumes all risk, responsibility for all client website(s) content, photos, social media content, and graphics. Client also assumes all risk, and responsibility, for content that is posted to any social media site, by JMC IT MAHAL, on the client’s behalf. Visit our Privacy Policy page for more information.

*** If there are any disadvantages regarding our services, you may have the right to ask refund by reaching us via email(This email address is being protected from spambots. You need JavaScript enabled to view it.) at any time. But, If that's the case, the refund request must be placed before we process the PO & IO for the requested services at our end.

Who We Are

JMC IT MAHAL (P) LTD is an int'l B2B company Estd.2007 and registered in 2009 at ROC Hyderabad, INDIA. At JMC IT MAHAL we works for several industries by providing IT & ITES services for over 6000+ clients - Besides this, we involved in providing B2B solutions and distributing online services via our B2B verticals for 9 industries.

©2019 JMC IT MAHAL PVT LTD. All Rights Reserved.