Acceptance of Terms
Your access to and use of activemore.com which is a Property of Active More. is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Subject to any special terms agreed in writing or published on the web site the Seller, the Seller shall invoice the buyer for the net sum due to the goods on or at any time after dispatch of the Goods.
The Buyer shall pay the price of the Services / Product on the payment date started in the quote / contract or if no express provision for the time of payment is contained in the Contract within 10 days after the date of invoice notwithstanding the delivery may not have taken place and/or that the property in the Service has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
Except as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer.
The Buyer shall ensure that, except to the extent that instructions as to the use or sale of the Services / Product are contained in the packaging or labeling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory and other regulatory requirements and that the storage and handling of the Services / Product by the Buyer is carried out in accordance with directions given by the Seller or any component governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer failure to comply with this condition.
If the Buyer fails to make any payment of the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: –
cancel the order or suspend any further deliveries to the Buyer;
appropriate any payment made to the Buyer to such of the Services / Product (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)
charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 18 per cent per annum above Bank (or such other bankers as the Seller may notify) base rate from time to time, until payment in full is made (a part of a month being treated as full month for the purposed of calculating interest); and
If the Client halts work and applies to us for a refund within 30 days of the starting of the work / First payment date, whichever is earlier, it will be billed on pro-rata basis. Based on the work completed shall be billed at the hourly rate stated in the Termination clause of such contract (if not stated would be at 15 USD an hour), and deducted from the initial payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, then the Client shall be liable to pay for all work completed at the hourly rate stated in the contract (or if not stated would be 15 USD an hour) between Client and Active More On receipt of which the code will be released to the client. No portion of this initial payment will be refunded unless written application is made within 30 days of signing a starting the work / First payment date, whichever is earlier.
A project is not taken to be void unless the agreed upon payments are clear.
Refund policy is not applicable if the required information for the successful completion of the project is not given to us at proper time. If there is delay or failure in completion of the project due to improper communication from client, it cannot be attributed to Active More.
No refund: For the time that the services have already been provided. If the client is not satisfied with any level of work, he must immediately bring it to the notice of our Sales team within 48 Hours and ask for any discounts for the work loss. Any negotiations at a later date / time will not be entertained.
If the information provided by the client is incomplete and/or complete information regarding the project is not provided at the initiation of the project, Active More is not liable to follow its delivery or refund commitments.
There is no provision for compensation for the delay of delivery under any conditions, until and unless there is an agreement signed with a penalty clause for delay in delivery.
Refund Process: How the money will be transferred:
If you have paid using your credit card – the money will be transferred back to your credit card account. It may take up to 10 business days before the money will appear on your account. If you have paid using a cheque or a money order your refund will be sent to you by cheque or Bank transfer.
- We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
- When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number.
- What do we use your information for? Any of the information we collect from you may be used in one of the following ways
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails the email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order.
- The Buyer may not assign the benefit of the Contract without the written consent of the Seller.
- The Contract shall be governed by the laws of India. Delhi Government.
- The Uniform Laws on the International Sale of Goods laid down in the 1980 United Nations Convention shall not apply unless expressly agreed between the parties in writing.
- Any legal action or proceedings related to or arising out of this Terms and Conditions shall be settled in the courts and/or tribunals in Delhi in the State of NCT of Delhi in India.
- All copyright, intellectual, properties remain the property of Active More if the software is developed at Active More. If not then if in case it’s a software (script) from a third party, then the rights remain with the original owner, and the reproduction is on buyer’s responsibility. Active More is not liable for any copyright issues.
- If there is any custom development made for the client, which the client wants exclusive rights of ownership, they have to request us before starting the project, so that we can price it accordingly. Many a times, in a standard project, many things are re-usable plus are available via third party scripts, for which one can’t have an exclusive ownership on the same.
- If in case there is any copyright issues, the complete responsibility is of the buyer. Active More is not responsible for any issues generated due to that.
- The client is not allowed to produce copies of the software, except one (1) copy for back up purposes. The client acknowledges that Active More will not be liable for any damage to the client’s computer system.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
- Active More reserves the right to change the terms, conditions, and notices under which the Active More Web Sites and Services are offered.
- The Sellers employees or agents are not authorized to make any representations or claims concerning the Goods (its ownership) unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- Any typographical, clerical or other accidental errors or omissions in sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by an authorized representative of the Seller.
- The specification for the Goods shall be those set out in the Sellers sales documentation.
- The Seller reserves the right to make changes in the specification of the Goods.