AjexLabs.com (“AjexLabs”), agrees to provide you (the “Client”) with Creative Services, subject to the agreement and in compliance with the terms and conditions hereafter outlined (the “Terms and Conditions”).
Please read the Terms and Conditions carefully.
You agree to abide by the Terms and Conditions set forth in this document as you agree to engage AjexLabs for its advertising services both for current and for any additional services for which it may contract with AjexLabs, including all payment terms (collectively, the “Agreement”).
Revisions offered are in accordance with the selected packages. Customers can ask for revisions as per the package and no additional fee will be charge, however, design and concept remains same and customer can post revision on any one of the provided options, Revision on multiple options is not allowed and will be charged separately. Normal Revision turnaround time would be 2 to 3 Working days for logo design and 3 to 5 Working days for website design.
Functionality and HTML revisions turnaround time may vary as per the revision scope and complexity of the project/s.
All content is to be provided by the client, this includes but it not limited to images, heading, copy and any other text. Client can opt to use canned/ royalty free stock images which will be charged separately, but as a part of the whole project cost.
In-case of e-commerce website few up to 10 to 30 sample products will be entered by AjexLabs team and sample product information should also be provided by the client. Including product name, product price, product images and shipping policy.
For rest of e-commerce site products will be entered by client, complete CMS (customer management system) and e-commerce management training will be provided by AjexLabs.
We ensure and strive to achieve 100% customer satisfaction with our Multiple Revision (max 5) Policy which enables you to improve on your initial design brief, free of charge.
In case of any duplicate charge due to processing error, failing to fulfill any of your special designing requirements or not able to complete your design order as per the delivery policy, your complete design order amount will be refunded but only at initial phase after placing revision on initial designs client will not be eligible for refund. Meaning once you ask for revision, you void the refund clause.
In case of any dissatisfaction from any design services provided by AjexLabs, you can submit a refund request within (3) three days of your initial designs completion. However, it shall be assumed between both parties that you are satisfied with your initial designs if a refund request is not received within three days of initial designs delivery.
For any Special / Combo packages, refund will be applicable the same as it is on the single packages.
Your refund would be processed as below:
All refund requests will be fulfilled as per the following arrangement:
We believe that it is your responsibility to provide timely feedback on designs and development options provided to you. Delays in response will incur surcharge:
Our designers and developers don’t deviate from the specifications provided by you. The designs are created after a thorough research which ensures the design quality and uniqueness.
100% Satisfaction Guaranteed. Free multiple revision offers as per specifications ensures that you get 100% satisfaction. We rework the ordered design and keep on revising it until you are 100% satisfied. We offer free complete coordination with your printing company if required.
In an event, where an individual or a department is unable to provide a finalized decision, a notice period of no less than 15-days or more than 30-days to be given to the delaying party and serving party will not allocate the dedicated resource elsewhere.
Failure to provide a finalized productive response in the grace period will allow the serving party to allocate their resources elsewhere and additional charges will be applicable to reactivate the project.
Only once an art work is approved and the final file is sent to the client after the complete payment, the client owns all the rights of the paid art work. All the claims and copyrights of the design are then transferred to the client.
The client retains full ownership of the logos, website deigns and the drafts, and all related materials. The client is assigned rights to use the design, graphics, and text contained, logos and explanations at his discretion.
The AjexLabs website retains the right to use the artwork’s solely as promotional material, including as part of our portfolio, and should under no circumstances sell, or use for profit other than specified by the client unless explicitly authorized by the client. We would use the logos in a fair and legal manner which does not damage the client’s reputation and integrity.
Once the project is completed, all design order files are delivered to your provide Email addresses as per the date specified on the “Order Confirmation”.
All policies pertaining to revision & refund are subject to date and time of design order delivered to client’s email. We deliver all our customized design orders via e-mail within 2 to 3 days of receiving your order.
Each service in any project is time-bound to ensure that all involving parties do the utmost decision-making response as quick as possible for the successful completion of the project.
AjexLabs reserves the right to keep a record of your finalized design once the final files are provided to you. If you require the final files again in the future we can send them to you at your request.
YOU agree that AjexLabs is not liable for any correspondence from email addresses other than the ones followed by our own domain i.e. “…@ajexlabs.com” or/and any phone number that is not mentioned on our website.
Please keep in mind that AjexLabs shall not be held responsible for any damage(s) caused by such correspondence. We only take responsibility of any communication through email addresses under our own domain name or/and via toll free number i.e. already mentioned on the website.
We offer 10 AM to 6 PM (Pakistan Standard Time) Customer Support to address your queries and questions. You can contact us.
INTRODUCTION: AjexLabs.com (“AjexLabs”), agrees to provide you (the “Advertiser”) with Advertising Services (defined in section 5 below), subject to the Advertiser’s compliance with the terms and conditions hereafter outlined (the “Terms and Conditions”).
By “Advertiser,” as we use that term herein, we mean you, whether you are using the Advertising Services yourself, or whether you are securing the advertising services as an agent for the actual advertiser. In the latter case, you represent that you have authority to legally bind the advertiser you are representing, and both you and the advertiser you are representing are jointly and severally bound as if you each separately consented to this Agreement.
By procuring our services, Advertiser or its agent or representative verbally accepted a summary of key provisions related to payment, terms of service, and AjexLabs’s cancellation policy, and/or expressly accepted these Terms and Conditions in response to an email with confirmation link, and affirmative action in the form of checking the “acceptance” box and clicking “submit” following an opportunity to review these Terms and Conditions.
If you do not accept these Terms and Conditions within thirty (30) days of initial presentation of the Terms and Conditions to you by AjexLabs, then the offer by AjexLabs to provide Advertising Services upon the pricing, terms, and conditions initially proposed shall be deemed withdrawn. Advertiser may thereafter again request Advertising Services, in response to which AjexLabs will present new pricing, terms, and conditions for Advertiser’s consideration.
Whether or not Advertiser accepts these Terms and Conditions, any personally identifiable information provided by Advertiser shall be subject to AjexLabs’s privacy policy, which can be read at https://AjexLabs.com/privacy-policy/
By agreeing to these Terms and Conditions, Advertiser also agrees to receive information from AjexLabs regarding Advertiser’s account, and about the Advertising Services provided to Advertiser (together “Service Messages”). Advertiser also agrees to receive marketing information from AjexLabs about AjexLabs promotions or announcements or offers to provide additional or enhanced services (“Marketing Messages”).
During the time that Advertiser is receiving the Advertising Services, Advertiser cannot opt out of the Service Messages. If Advertiser does not wish to receive the Marketing Messages, it must opt out by sending an email containing Advertiser’s name and account number, with the subject line “Marketing Messages Opt-Out,” to INFO@AJEXLABS.COM.
In the event that Advertiser provides its contact information to AjexLabs and then either affirmatively rejects or has not within thirty (30) days accepted these Terms and Conditions, and as a result the Advertising Services are not provisioned, or following the expiration or cancellation of Advertising Services previously provided to Advertiser, Advertiser may continue to receive Marketing Messages from AjexLabs.
As above, if Advertiser does not wish to receive the Marketing Messages, it must opt out by sending an email containing Advertiser’s name and account number, with the subject line “Marketing Messages Opt-Out,” to info@AJEXLABS.COM
Any requests to opt out pursuant to the terms of this section will require a reasonable amount of time for processing (48-72 hours) by AjexLabs, and Advertiser may continue to receive messages during the processing period.
Advertising Services are the products and/or services by which AjexLabs will market Advertiser’s business/service through various online methods, websites, social media etc. (the “Advertising Services”).
Each of the Advertising Services includes the marketing and advertising services and methods specifically described in the work agreement, and is subject to the limitations described in the binding agreement.
The product/service terms and conditions described in each of the agreements are specific only to the particular Advertising Service described or as a group, and not to any other Advertising Service which may be provided by AjexLabs, but not covered in the term/agreement.
For each of the Advertising Services actually obtained by Advertiser at any given time, the associated terms and conditions specific to such Advertising Service will be provided in the agreement and shall be deemed incorporated into and a part of then general Terms and Conditions.
Regardless of the Advertising Services being provided to Advertiser, AjexLabs will provide to Advertiser an Account Information Page which may be accessed by Advertiser at any time to determine the status of Advertiser’s account and the services provided by AjexLabs.
Advertiser may at any time determine what Advertising Services are currently being provided by AjexLabs by requesting via phone, chat or email. Advertiser should understand that clicks to Advertiser’s site, including clicks on the search engines, shopping engines, content sites, etc. may include certain misspellings, singular/plural combinations, and other related search terms that AjexLabs maps to Advertiser’s advertising campaigns. However, misspellings are becoming less common with new auto complete search engine technology. All keyword campaigns will include key terms, titles, and descriptions selected specifically with the intent to optimize return on advertising spend.
Unless Advertiser has engaged AjexLabs to provide a small-scale website, Advertiser is responsible for the quality and accuracy of its own website and its landing page(s), or redirect websites that link to its advertisements.
You as an Advertiser reserve the right to determine the fees and pricing currently applicable to any Advertising Service being provided, any time requesting via phone, chat or email.
Fees and pricing for the Advertising Services generally are as set forth at the individual product/service terms and conditions pages part of the service agreement/contract. By accepting these Terms and Conditions, Advertiser expressly agrees to pay the fees and pricing for the Advertising Services requested, and which were communicated to Advertiser at or before the time of acceptance.
Advertiser authorizes AjexLabs Pvt. Ltd. or AjexLabs’s merchant services provider, to store Advertiser’s financial information for the purpose of facilitating payment to AjexLabs. It is Advertiser’s responsibility to notify AjexLabs, in writing, of any changes or updates to Advertiser’s financial information, and Advertiser is solely responsible for its failure to do so.
All fees must be paid in US$. Advertiser is solely responsible for any applicable taxes.
All fees are due in accordance with the agreed upon fee schedule, or immediately upon Advertiser’s receipt of invoice, as applicable. Advertiser agrees that any setup fees or one-time services payments are nonrefundable.
To avoid the inconvenience and cost to both parties of late and missed payments, all payments made by billing of a credit card or debiting of a bank account are intended in part. However, it is Advertiser’s responsibility to ensure that AjexLabs has the most up-to-date credit card or bank account information, and that such methods are viable for payment of the fees due to AjexLabs for the Advertising Services.
In the event of a failure of the payment method authorized by Advertiser, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of US$ 1500 or 10% of the total payment due, but not to exceed the maximum amount allowed by applicable law. In addition to late fees, Advertiser agrees to pay all attorneys’ fees and costs incurred by AjexLabs for late payment collection efforts.
The term of each Advertising Service shall begin as of the date of acceptance of these Terms and Conditions by Advertiser. Billing will occur in the form of a one-time payment or an automatically recurring monthly payment, as set forth in the specific product/service terms and conditions for the Advertising Service provided.
In the event that Advertiser wishes at any time to determine the current contract term for any of the Advertising Services, or any other information regarding the amount or anticipated date of any automatically recurring payment, or the term, termination, or renewal of the Advertising Services, the same will be available on request via phone, chat or email.
If the agreed advertising term includes an automatically recurring payment plan (Retainer and/or media spend), all payment for Advertising Services will be paid in advance on a monthly basis.\
Following the current contract term for any particular Advertising Service, this Agreement with respect to such Advertising Service shall automatically renew for successive one-month terms on the monthly anniversary date of Advertiser’s initial acceptance of these Terms and Conditions.
After the initial contract term, Advertiser may cancel the automatically recurring payment, including the Advertising Services associated therewith, by providing notice to AjexLabs by emailing Advertiser’s name, business name, email address, phone number, physical address, and domain, to info@AjexLabs.com, with “Cancel Service” in the subject line.
Provided such notice is received by AjexLabs not later than 5:00 pm Pakistan Standard Time at least (3) three business days in advance of the date on which the next automatically recurring payment is scheduled to be made, then the next automatically recurring payment will be cancelled and the Advertising Services terminated at the end of the then-current term.
In the event such notice is received closer than three (3) business days to the next automatically recurring payment, then the next automatically recurring payment should still be made as a final payment, the Advertising Services shall continue for an additional renewal term, and termination will instead occur at the end of that additional renewal term.
No pro-rated refunds for partial terms or months will be provided.
For clarity: if an Advertiser were to engage AjexLabs for Advertising Services with a 365 day contract term, and the initial sign-up date were July 15 of a given year, if Advertiser wished to cancel the Advertising Services at the end of the contract term without incurring an additional month’s charge, Advertiser would need to provide written notice of cancellation on or before July 12 – assuming July 12, 13, and 14 were business days. One-time fee offerings have no continuing term because the same are provided up front, the term thereof having been fulfilled upon initial delivery of the Advertising Service to Advertiser.
Advertiser agrees to pay an early termination fee equal to the remaining Contract Value in the event they choose to terminate services prior to completion of the contract term.
Contract Value is determined by taking the number of months agreed to in the contract or insertion order times the monthly fees applicable to the Advertising Services. For example, the Contract Value of Advertising Services of US$ 1500 for a three month term is US$ 4500. If the Advertiser cancels after the first month the cancellation fee will be US$ 3000.
AjexLabs may modify its standard terms and conditions and service offerings from time to time and that AjexLabs reserves the right to adjust the pricing of such services, effective upon the next automatic renewal date of the affected Advertising Service(s), after not less than thirty (30) days’ advance written notice to Advertiser.
Following the fulfillment of initial contract terms, if the contract does not provide for automatic renewal for an additional term of more than one month, then the contract shall be considered month-to-month and Advertiser may be subject to revised terms and conditions and/or pricing following receipt of such notice. Advertiser is encouraged to enter a long-term contract or contracts to fix pricing, terms, and conditions.
To manage Advertiser’s advertising account(s) Advertiser is authorized to access AjexLabs-owned, operated, or hosted websites that require log in or account information solely.
Advertiser agrees that it will not use the site or any content therein for any other purpose and that it will not disseminate or distribute any of said information. Advertiser’s right to access its account with AjexLabs is personal to Advertiser and non-assignable and is subject to any limits established by AjexLabs.
Advertiser agrees that it will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access Advertiser’s account with AjexLabs or to monitor or copy AjexLabs’s website or the content contained therein, except those automated means expressly made available by AjexLabs.
Advertiser understands that, any information or data provided by Advertiser to AjexLabs may not be processed on a real-time basis and may be subject to the latency of the Internet, the AjexLabs systems and network of third-party partners and search engines. This also includes difference of global time zones when engaging with international customers.
Advertiser acknowledges that it has not acquired any ownership interest in the AjexLabs Materials and will not acquire any ownership interest in the AjexLabs Materials by reason of this Agreement.
Title and full ownership rights in and to the Advertising Services, together with any and all ideas, concepts, campaign optimizations, computer programs, and other technology supporting or otherwise relating to AjexLabs’s operation of the AjexLabs network, the AjexLabs bid management, task management, and optimization platform and website(s) (collectively, the “AjexLabs Materials”), shall remain at all times solely with AjexLabs and/or with the respective outsourced service provider or author, or with AjexLabs’s Promotional Partner if applicable and if Promotional Partner was the owner of the same.
Unless Advertiser’s website/ Social media profile/page is designed and provided by AjexLabs as a part of its Advertising Services, Advertiser hereby acknowledges that neither AjexLabs nor its Promotional Partner (if applicable) is responsible for the development, maintenance, and operation of the Advertiser website(s), nor for any content or other materials that appear on, and all visitors to, the Advertiser website(s), nor is AjexLabs or its Promotional Partner responsible for order entry, payment processing, shipping, cancellations, returns, or customer service concerning orders placed on Advertiser’s website(s). Advertiser further warrants that it will not add to or place upon its site any AjexLabs or Promotional Partner owned or licensed content, including but not limited to any AjexLabs search listings, except pursuant to a separate signed affiliate agreement with AjexLabs.
Advertiser represents and warrants to AjexLabs, and to its Promotional Partner if applicable, that for and continuing throughout the term of this Agreement with a valid, binding, and enforceable agreement in accordance with its terms:
Advertiser further agrees to perform as follows:
Advertiser agrees to indemnify, defend, and hold harmless AjexLabs, its distribution partners including Promotional Partner if applicable, their respective licensors and licensees, and affiliated companies, and any of their respective officers, directors, employees, representatives, and agents (collectively the “Indemnified Parties”), from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Advertising Services performed on behalf of Advertiser, Advertiser’s client’s website(s) or contents therein, Advertiser’s conduct, acts or omissions, or any alleged or proven breach by Advertiser of any term, condition, agreement, representation, or warranty herein. This indemnification excludes any Claim that arises solely from the acts or omissions of an Indemnified Party, as to that party. An Indemnified Party will notify Advertiser of any claim, action, or demand for which indemnity is required in the reasonable opinion of Indemnified Party, and will cooperate with Advertiser at Advertiser’s expense. An Indemnified Party shall have sole discretion to accept or reject the law firm Advertiser chooses to defend the Indemnified Party, which firm must be experienced in defending similar claims. Advertiser may not settle any lawsuit or matter relating to the culpability or liability of an Indemnified Party without the prior written consent of that party. An Indemnified Party will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, AjexLabs shall have the right to set off any liability of Advertiser to AjexLabs with respect to a Claim against any amounts held on deposit with AjexLabs by Advertiser.
Advertiser acknowledges and agrees that it will not hold AjexLabs, or Promotional Partner if applicable, liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s), social media profiles/pages in which the advertisements are published for whatever reason.
Advertiser further acknowledges and agrees that errors or mistakes in the performance of the Advertising Services, including but not limited to misspellings or miscommunications, do not create a right to refund for the Advertiser. Advertiser will give AjexLabs timely notice and allow AjexLabs a reasonable opportunity thereafter to cure any identified errors or omissions.
AjexLabs makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions, click-through, or leads and any promotional effect or return on investment (ROI) thereof. As AjexLabs relies on third parties for certain data, AjexLabs makes no guarantees regarding the accuracy, reliability, or completeness of any such data, including but not limited to usage statistics.
In no event shall AjexLabs, or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
Advertiser acknowledges that any additional assistance provided by AjexLabs is also subject to the limitations of liability in this Agreement.
In the event Advertiser requests or purchases any additional assistance, which may include, without limitation, adding tracking codes or making other changes to Advertiser’s website(s), in connection with Advertising Service, then Advertiser agrees to provide AjexLabs with access to perform the requested or purchased additional assistance.
This additional assistance is subject to the project agreement in advance and be incurred at an additional price to the advertiser.
This Agreement shall be construed in accordance with the laws of Islamic Republic of Pakistan, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in Pakistan.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
This document, with any other materials, documents, understandings, or agreements incorporated by reference herein, and any exhibit, schedule, or other supplementary document attached hereto, constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
In the event, a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the Parties, and where indicated, Promotional Partner, or their respective successors or permitted assigns.
The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
We offer 10 AM to 6PM (Pakistan Standard Time) Customer Support to address your queries and questions regarding these aforementioned terms or anything in general. Looking forward to it. You can also email us at info@AjexLabs.com
