This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by Argience Technologies Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 7/C, ℅ Sterling Enterprises, Old Nagardas Road, Mumbai- 400069, Maharashtra, India (hereinafter referred to as “Argiflex” or as "Platform").
Transaction on the Platform is available only to legal entities & persons who can form legally binding contracts under Indian Contract Act, 1872. Legal entities or Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Argiflex reserves the right to terminate your transaction, membership and / or refuse to provide you with access to the Platform if it is brought to Argiflex’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
Argiflex is an online platform that allows Buyers to purchase services offered by Argience Technologies Pvt. Ltd. and allow them to use it for online or offline work. Buyer and Argiflex agree that when Buyer purchases an Argiflex service from the platform and Argiflex receives the payment amount, a Service Contract will be formed between such a Buyer and Argiflex subject to Service Contract Terms set forth below in Section 4.
How Argiflex Works
Buyers purchase a service on Argiflex platform in various service categories - Design, Graphics & Branding , Digital Marketing & Writing, Websites, Apps & IT or Strategy & Consulting . Argiflex allocates a project/account manager for every buyer along with an execution team. The Project/Account manager is the single point of contact for the Buyer and manages the execution team to deliver the service deliverables.
While interacting with Argiflex’s Project/Account Managers on, email or Argiflex’s project management and delivery platform, buyers must provide detailed task specifications. Buyers are required to provide as many details as possible/relevant, to ensure quality work is delivered by the execution team.
Account Managers / Project Managers & Execution teams are allocated on availability and at our sole discretion. Buyers cannot ask for a particular project manager / account manager or execution team. Also, Buyers may be restricted at our sole discretion.
Before an execution team is assigned, Argiflex’s account/project managers may privately contact a Buyer through our project management and delivery system or email only and ask for clarifications.
If Argiflex delivers a service that is not to the Buyer’s satisfaction, we will refer to the service deliverables specifications and determine if the delivered work objectively matches the requirements (see ‘Disputes’ section below).
Service Contract Terms
Argiflex and its team members are responsible for performing Services in a professional manner and delivering the completed work-product, as per the objectively construed service delivery specifications, in a timely manner as specified in the service details.
Payment And Billing
Buyers shall pay the agreed-upon amount for performed services to Argiflex.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before delivering your order service to you, Argiflex may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users/Buyers.
1. Transactions, Transaction Price and all commercial terms such as Delivery of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Argiflex and payment facility is merely used by the Buyer and Argiflex to facilitate the completion of the Transaction. Use of the payment facility shall not render Argiflex liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Argiflex’s Platform.
3. You understand, accept and agree that the payment facility provided by Argiflex is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Argiflex Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Argiflex is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Argience Technologies Pvt. Ltd to purchase the products and /or services from Argiflex platform using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Argiflex using Payment Facility.
2. You, as a Buyer, may agree with Argiflex through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
3. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as agreed with your Project/Account Manager, whichever is latest. In case you do not raise a refund claim on email or Argiflex’s project management & project delivery platform within the stipulated time, then this would make You ineligible for a refund.
4. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
5. A refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
6. Refund shall be made in Indian Rupees only after deductions .
7. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
8. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
9. Refund shall be conditional and shall be with recourse available to Argiflex in case of any misuse by Buyer.
10. We may also request you for additional documents for verification.
11. Refund shall be subject to Buyer complying with Policies.
12. Argiflex reserves the right to impose limits on the number of Transactions or Transaction Price which Argiflex may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
13. Argiflex reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Argiflex or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
14. Argiflex may delay notifying the payment confirmation i.e. assigning an Account/Project Manager, if Argiflex deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Argiflex may hold Transaction Price and Argiflex may not assign Account/Project Manager to service the Transaction or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
15. The Buyer acknowledges that Argiflex will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Argiflex.
Compliance with Laws:
1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
2. Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to the Buyer for using Payment Facility and Argiflex Platform.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Completed Work Product And Proprietary Rights
Proprietary rights for Completed Work Product are owned by Buyers upon their acceptance of Completed Work Product, unless otherwise specified by Buyer in the service description. Argiflex will retain Proprietary Rights for Completed Work Product in the event Completed Work did not fit Buyer’s specifications. Argiflex hereby grants to Buyer an exclusive, worldwide, irrevocable, unlimited, and unconditional license to use and commercialized Completed Work Product in any manner known now or being discovered in the future. In order to guarantee that Buyer will be able to acquire and use such Proprietary Rights, Argiflex shall: (i) transfer Proprietary Rights for Completed Work Product Buyer;(ii) upon request sign any documents required for Buyer to document and enforce his or her rights ; and (iii) provide Buyer with support and reasonable access to information for recording, securing, defending, and enforcing such Proprietary Rights in all countries.
Pre-existing Intellectual Property In Completed Work Product
Argiflex shall make sure, to its best effort, that Completed Work Product does not have any pre-existing intellectual property, whether such pre-existing intellectual property belongs to Argiflex’s internal team or any other third party, without receiving the written consent from Buyer and copyright holder, prior to using such pre-existing intellectual property in Completed Work Product. Buyer understands and agrees that on acceptance of a Completed Work Product, Buyer shall not have a claim to any refund of payments that were previously made to Argiflex, if Completed Work Product contains any pre-existing technology or intellectual property not approved under this Section.
Buyer agrees to give Argiflex an immediate, unlimited, non-revocable at Buyer’s sole discretion at any time, and non-exclusive right to use Buyer’s deliverables as needed to perform an accepted task or use the completed work product or concept work product or revisions for Marketing purposes on the Platform, on other online platforms or offline. Buyer reserves all Proprietary Rights in and to Buyer’s Deliverables. Upon Service completion or Service Contract Termination, or upon Buyer’s written request, Argiflex is obligated to immediately return all original Buyer’s Deliverables to Buyer and remove them from Argiflex’s execution team’s equipment, premises or systems.
Service Contract Termination
Service Contract between Argiflex and Buyer is automatically terminated after Buyer’s acceptance of Completed Work Product. Once Buyer purchases an Argiflex service from the online store or from a custom purchase or payment link sent to the Buyer, a legally binding contract is formed between Argiflex and such a Buyer. Thus, the Buyer may not cancel a purchase for a service after it has been paid for.
The terms and conditions outlined in this Section 4 and any other terms agreed between Buyer and Argiflex shall constitute the entire agreement and shall terminate and supersede any prior agreements, warranties and/or discussions between Argiflex and Buyer.
Delivery Of Completed Work Product
Argiflex must deliver Completed Work Product and/or proof of work, where relevant, by attaching the work to the ‘ticket’ or a “task” on the Argiflex project management and delivery platform, or by sending it via a private hosting link (egDropbox, or similar) or on email. Once Completed Work Product is delivered, Buyer has three days to respond. If no response is provided within the response time, the task will be considered completed successfully, at which point the Buyer will not be able to stake a claim to a refund.
User & Buyer Restrictions
Platform Users & Buyers are not allowed to post third parties’ advertisements on the Site
Users & Buyers are prohibited from accessing or trying to access the Site by any means other than provided to them. Users agree not to use any Platform's content for any purpose other than made available by the Platform.
Users & Buyers are not allowed to redistribute, re-use or copy any of the content of the Platform for any third parties.
Users and Buyers are prohibited from posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, nonsense or any other content not related to the purchased service from the Platform and in their interactions with the Platform, the project/account manager assigned to them. Doing so may get Users & Buyer account blocked permanently.
Users & Buyers are prohibited from inserting any malicious or unknown external links on the Platform. The Platform will not be held responsible for any damage, harm, or any consequential cause whatsoever which might occur due to the Platform usage, use of content, files transferred, or by any use of the Platform.
Users & Buyers are prohibited from engaging in any activity that interferes or disrupts the proper functioning of the Site, including, but not limited to activity involved using any automated collection mechanisms such as robots, spider, scraper and etc.
Privacy, Identity And Account Security
To protect Buyer’s privacy, Buyer’s Identity is kept private at all times. Requesting or providing Email addresses or any other methods of communication, including, but not limited to, Skype/IM usernames (Gtalk, ICQ, MSN, AIM or Yahoo), telephone numbers, or any other personal contact details (other than your first name and last name initial) to communicate outside of the Argiflex network is prohibited.
Argiflex operates under a strict non-disclosure agreement not to share Buyer’s information with any member of the Argiflex execution team. Buyer’s email id and phone number may be shared with the Project/Account Managers for communication and performing service. Additionally, Argiflex execution team members under a strict agreement not to make a direct contact with Buyers outside Argiflex’s platform and project management / delivery system. All communications and information exchanges must be performed exclusively using Argiflex platform and its nominated tools.
Argiflex reserves the right to validate Buyer’s information to confirm their identity at any time at its sole discretion.
Buyers authorize Argiflex, directly or through third parties, to inquire information necessary to confirm their identity and ownership of email addresses or financial accounts. All such inquiries are subject to applicable law. User’s failure to provide such information upon our request is a violation of this Agreement.
Users are solely responsible for ensuring security of their Argiflex project account password. Users agree not to disclose their account passwords to anyone outside of their company or work team, and shall be solely responsible for any unauthorized use of such password on Argiflex. If your password has been stolen or lost, please immediately notify us. Your continued use of our platform means that you acknowledge and agree that our security procedures are commercially reasonable.
Users shall keep confidential all information received as the result of the execution of this Agreement.Users are prohibited from disclosing Confidential Information to anyone not involved in the Service Contract or using it for any other purposes than the performance of the Services under this Agreement. All Confidential Information shall be returned or destroyed when no longer needed to complete a task, or upon our written request that can be made at any time. Buyers agree to provide to us the written certification confirming that Confidential Information was destroyed or returned upon the disclosing party’s request.
If the task or a service is not completed within the stipulated delivery time mentioned on the platform or as agreed upon between the Buyer and the assigned Project/Account Manager, whichever is latest and per Buyer’s objective task specifications, a refund will be given to Buyer.
A refund claim is granted to the Buyer, only in the following scenarios
The Buyer’s project brief will be interpreted objectively. If Buyer’s specifications were vague and/or Argiflex delivered the task as per those task specifications (when construed objectively), then a refund claim or a refund shall not be granted to Buyer.
Users and Buyers agree and acknowledge that Argiflex’s dispute resolution is final, binding and irreversible. Without any limitation to dispute policy rules outlined in this Section 10, Buyers are granted one free revision by Argiflex or more if Argiflex chooses to.
Argiflex’ services are provided on “as is,” as available basis, and without warranties of any kind either express or implied. Argiflex disclaims all and make no warranties, including, but not limited to, the warranties, either express or implied, as to the identity, fitness for particular purpose, reliability of any third party, and non-infringement. Without limiting stated above, Argiflex makes no warranties that:
1. The site will be accurate, secure, and free of viruses or defects;
2. Any errors or defects found on the site will be fixed.
3. Some or all of the above limitations may not apply to you, if you reside in states or jurisdictions that prohibit limitations on implied warranties stated above.
Limitation Of Liability
In no event shall Argiflex and/or Argience Technologies Pvt. Ltd. and be liable, whether in contract, warranty, tort or any other form of liability, for incidental, punitive, special, consequential or indirect damages, including, but not limited to loss of profits, data, production or business opportunities, litigation costs, or installation and removal costs, even if advised of the possibility of such losses and damages. Some or all of the above limitations of consequential or incidental damages may not apply to you, if you reside in states or jurisdictions that prohibit such limitations.
You agree to indemnify, defend and hold harmless us and if applicable any of our Affiliates, officers, agents and employees from and against any and all damages, costs, losses, demands or any other liabilities, including, but not limited to attorney’s fees, made by any third party due to or arising from your breach of this Agreement or your violation of any rights of third parties or current legislature.
Term And Termination
The term of this Agreement starts immediately upon your first visit to the Site and continues in effect until its termination. Both Users and Argiflex have a right to terminate this Agreement at any time, in their sole discretion, with or without any explanation, upon written notice to the party effective immediately or by suspending or terminating User’s account. However, if you are a Buyer and have any open projects when you terminate this Agreement, you will remain bound by this Agreement until the delivery timeframe has lapsed or upon the completion of the service and its acceptance by Buyer, whichever is later. Buyers shall remain obligated to pay for Services provided before the Agreement termination date. Argiflex is responsible to perform necessary services to facilitate any open tasks or related transactions between its Users to assist in their completion.
Notices And Communications
Unless otherwise indicated in writing by Users, Argiflex will communicate with the Site’s Users through email or by posting directly on the Site ; and with Buyers on Argiflex’s project management and delivery platform or Email. You agree to receive electronic communications from us and you acknowledge that such communications are equivalent to the legal validity of communications in writing. Once Argiflex sends emails to the electronic address provided by you, such emails are considered to be received by you. You are responsible for checking your email and the Site regularly for any postings and communications from us and keeping your email address up to date on the Site. Your failure to respond to our emails regarding any violations of this Agreements or User’s complaint within 3 business days may result in suspension or termination of your account and termination of service.
All legal notices to us must be in writing and delivered in person or by certified mail to the following address: 7/C, ℅ Sterling Enterprises, Old Nagardas Road, Mumbai- 400069, Maharashtra, India. Such legal notices are considered effective upon our documented receipt of them.
Other Terms And Conditions
The Agreement constitutes the entire agreement between the Parties and is fully consistent with the actual will of the Parties. This Agreement supersedes and terminates any prior discussions, warranties, agreements, representations, and other communications between the Parties.
Compliance With Applicable Laws
Argiflex’s Users and Buyers agree to fulfil all obligations hereunder in compliance with all applicable laws, rules, regulations and Proprietary Rights of third parties currently in force or coming into legal force in the future.
The Parties agree that if any of the clauses and/or provisions of this Agreement become invalid throughout the term hereof due to changes in legislature, the remaining provisions of this Agreement shall be binding upon the Parties within the period of validity of this Agreement.
Amendments to this Agreement shall be binding upon Argiflex only if they are in a written form (electronic communications are excluded) and signed by an authorized representative of Argiflex.
User’s rights or obligations under this Agreement shall not be assigned, delegated or transferred without the express written permission of Argiflex signed by its authorized agent. Any attempts to assign or transfer rights or obligations in violation of this Section will be null and void. Argiflex may freely assign this Agreement in its sole discretion.
Omission or delay of either Party to exercise any of its rights and obligations under this Agreement shall not impair its rights or constitute a waiver.
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Argiflex has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.
Dispute Resolution And Arbitration
All disputes and controversies arising out or related to this Agreement shall be resolved through negotiations or Dispute Resolution Policy outlined in Section 10 of this Agreement. In the event of not reaching the dispute and controversy resolution through negotiations or Dispute Resolution Procedures, any such claims shall be resolved by an applicable Court or mediation centre or arbitration centre in Mumbai, India.
In the event of force-majeure, namely fire, floods, strikes, earthquakes, strikes, wars, and acts of governmental authorities or any other circumstances beyond the control of the Party, Buyers shall not be liable for full or partial default in the performance of obligations pursuant to this Agreement. The time to perform obligations under this Agreement will be extended for Buyers for the period of such delay.
The English language version of this Agreement shall prevail and all matters regarding the interpretation of any provisions, translated into other languages, in this Agreement shall be resolved based on the English text.
“Buyer” means any User who uses Argiflex to browse and purchase a service provided on the Argiflex platform.
“Buyer’s Deliverables” means any instructions, intellectual property and any other information received by Argiflex from a Buyer while performing an assigned task or Argiflex service.
“Claim” means any dispute or claim arising out of relating to this Agreement.
“Completed Work Product” means any tangible or intangible deliverables that Argiflex agrees to create for, or delivers, to Buyer as the result of performing Services under his or her Service Contract. It also includes any instructions, intellectual property and any other information received by a Buyer from Argiflex while working on an assigned task or service on the Argiflex platform.
“Confidential Information” means User’s or Buyer’s Deliverables, Completed Work Product or any other information provided to, or created by a User for a Service Contract, regardless of its form. Confidential Information does not include materials or information that 1. Is generally known by third parties and was not disclosed to them by Users 2. Has been approved to be released by the Disclosing Party 3. Was already known by User and received legally from third party prior to receiving it from the other User. 4. Was independently developed by User without using, directly or indirectly, the Confidential Information received from the Disclosing Party.
“Effective Date” means the date of accepting this Agreement.
“Objective Task Specifications” means a task or a service that delivered exactly as Buyer’s task or service specifications require.
“Pre-existing Intellectual Property” means any pre-existing technology or other intellectual property, whether such pre-existing intellectual property belongs to Argiflex or any other third party.
“Proprietary Rights” means any and all rights, service marks, trademarks, patents, title, and ownership in and to copyrights, industrial designs and any other rights to intellectual property recognized in any jurisdiction.
“Service Contract” means a task, project or service for which a Buyer assigned Argiflex to perform such a task or project on Argiflex platform.
“Services” means Design, Graphics, Branding, Digital Marketing, Writing, Websites, Apps, IT, Strategy, Consulting, Research, and general business and administrative tasks, and any tasks that Buyers may request.
“Argiflex” or “Argiflex platform” means an online platform operated by Argience Technologies Pvt. Ltd., which includes related services and software, and allows Users to buy Services.
“The Site” or “Platform” means [http://www.argience.com/argiflex , https://argiflex.argience.com] (“Website”), including the related mobile site.