Terms & Conditions
These terms and conditions (“Agreement”) create a contract between you (the “Client” or “User”) and PMSEO360 (“Service Provider” or “Contractor”). Please read this Agreement carefully before using our services. By signing up, creating an account, or proceeding with any transactions, you agree to comply with these terms.
1. Introduction
This Agreement governs your use of PMSEO360 services (“Services”), which include access to our digital platforms, business management support, and any associated tools or consultancy. The Agreement remains effective until terminated as described in Section G.
2. Payments, Taxes, and Billing
Payment Method and Subscription Setup
The User agrees to set up an Electronic National Automated Clearing House (E-NACH) mandate or other approved online payment method for recurring billing on a predetermined date. This ensures uninterrupted access to services and enables smooth payment processing.Billing Cycle and Late Payments
Subscription fees are billed monthly on your subscription start date, with no credit period. Late payments incur an 18% annual penalty, and services may be suspended until paid, with billing continuing during any suspension.Tax Compliance and Indemnity
The User is responsible for filing any necessary tax returns, including Tax Deducted at Source (TDS) filings, as per applicable laws. Non-compliance resulting in penalties, interest, or financial liability for the Service Provider will require indemnification by the User.
3. Subscription and Renewal Terms
Manual Renewal and Pricing Adjustments
This Agreement does not renew automatically. One month prior to the contract’s anniversary date, both parties may review and finalize renewal terms, including any pricing adjustments. If terms are not mutually agreed upon, the subscription will terminate at the end of the contract term.
4. User Account and Responsibilities
The Client must safeguard their account and login details, as the Service Provider is not liable for unauthorized access due to user negligence. The Client is responsible for all activities conducted through their account and must comply with all applicable laws while using the service.
5. Confidentiality and Information Protection
Confidentiality Commitment
All information uploaded or processed via the software remains the Client’s exclusive property and will only be used to fulfill the scope of services specified in this Agreement. The Service Provider will not disclose confidential information unless required by law or as necessary for service performance.Data Privacy and Anonymization
The Service Provider may use anonymized information to enhance software performance, but this will not include any personal or business identifiers. The Client’s information will not be shared or repurposed outside the agreed-upon service scope without explicit permission.
6. Termination of Services
Termination Terms
You may terminate the service at any time through the software; however, a final billing cycle will be charged as notice. All outstanding payments must be settled before service handover or cessation.Lock-In Period and Early Termination
The contract includes a 4-month lock-in period. Termination within this period incurs an early termination fee equal to the remaining lock-in term’s subscription fees.
7. Indemnity and Liability
The Client indemnifies the Service Provider against any financial liabilities, penalties, or losses arising from tax non-compliance, misuse of services, or any breach of this Agreement. The Service Provider’s liability is limited as permitted by law and does not extend to indirect or consequential damages.
8. Intellectual Property Rights
All intellectual property associated with PMSEO360 services, including software code, trademarks, and logos, remains the property of PMSEO360. The Client is granted a non-exclusive, non-transferable license for the subscription term. Unauthorized modifications, distribution, or reproduction are strictly prohibited.
9. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Republic of India. Disputes will be resolved in Indian courts with jurisdiction over this Agreement.
10. Non-Hire Clause
For the duration of the contract and for two years post-termination, the User agrees not to solicit or hire any employees of the Service Provider without prior written consent. Any breach results in compensation equal to the annual salary of the affected employee.
11. Marketing Rights
The Service Provider may display the Client’s name and logo for marketing purposes unless otherwise instructed in writing by the Client.
12. Entire Agreement and Modifications
This Agreement constitutes the entire understanding between the parties. Amendments to this Agreement require a written modification signed by both parties.
