Terms and Conditions

Terms & Conditions for Service Provider

BY CHECKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE AGENCYONNET.COM E COMMERCE SERVICES, (COLLECTIVELY, THE "SERVICE).

By clicking “I accept,” you agree that:
(a) you have read and accept these Terms, and that you agree to be legally bound by them on your own behalf and on behalf of the organization named on your registration set up form;
 (b) you represent and warrant that you are of legal age to enter into a binding contract and that, if you are entering this agreement on behalf of the organization name you have entered in the registration set up and that you have the right and authority to bind the organization to these Terms; and
(c) you have the authority and will be responsible to pay all such fees and charges that may be required in the discharge of your obligation as a client

Agencyonnet.com is an international business to business marketplace devoted to connecting small and medium businesses around the world with advertising, marketing and digital agencies and professional experts. It is owned by Agelink Internet Venture Pvt Ltd having its registered office at B-80, Okhla Phase- I, New Delhi- 110020, India.

These terms and conditions, (the “Terms”) govern our relationship with you and your participation in using the marketplace agencyonnet.com. They also set out the terms that will apply to any client that you may work for or that may contact you through agencyonnet.com for the proposals or pitches sent out by you.

Definitions

1.1 Agencyonnet.com means the domain agencyonnet.com  and any other websites and sub domains that agencyonnet.com may operate from time to time

1.2 Agelink Internet Ventures means the organization that owns and operates the domain agencyonnet.com

1.3 Client means any organization or firm that registers itself on the domain agencyonnet.com  with the purpose of either submitting a marketing, advertising or digital brief or to get in touch with experts.

1.4 Agency means any firm that is engaged in the business of providing services in marketing, advertising and digital domain.

1.5 Expert means any professional individual who is registered with agencyonnet.com solely for the purpose of providing professional telephonic consulting service to clients.

1.6 Agencyonnet fees means the amount of sum that is due to Agelink Internet Ventures Pvt Ltd from agencies, experts or clients.

1.7 Project Brief means the marketing, advertising or digital brief that is uploaded online by Clients seeking a concrete proposal from agencies registered on agencyonnet.com

1.8 Tele-Consulting means any request sent online by Clients seeking professional advice or consulting advice from experts registered with agencyonnet.com

1.9 Listing fees means the amount of money payable by Clients for uploading a project brief on agencyonnet.com

1.10 Project Budget means the total estimated amount of money that is proposed to be spent by the Client on the execution of the project brief.

1.11 Tele consulting fees means the amount of money payable by Clients to Agelink Internet Ventures Pvt Ltd for arranging a tele conference call with the professional expert.

1.12 Proposal means any written communication uploaded by the agency on the basis of a Project Brief provided by the Client.

1.13 Exclusive Period means 12 calendar months from the time the Client has been introduced to the agency or Expert either through an email, telephone call or by virtue of receiving a proposal from a registered agency.

1.14 Invoice means the final project bill due for the services rendered by the agency or professional expert from the client in accordance to previously agreed terms.

1.15 Registration fee means the amount of money payable by an agency to register itself on the domain agencyonnet.com.

1.16 Project Fee means the amount of fees that is payable to Agelink Internet Ventures Pvt Ltd by the agency for the services rendered by it to the Client

1.17 Project Completion Certificate means a certificate issued by the Client certifying that the project is completed as per the project deliverables

Your Responsibility

2.1: By virtue of registering as an agency on agencyonnet.com you agree that you are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.

2.2 You will notify Agelink Internet Venture Pvt Ltd immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

2.3 You will report to Agelink Internet Venture immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users

2.4. You will not for the Exclusive period get in touch with any of the Clients that you have been introduced to with the purpose of soliciting work from them directly on any marketing, advertising or digital related work. You also agree not to entertain any Client approaching you directly seeking your services for any marketing, advertising or digital related work. You agree to notify Agelink Internet Services of any such solicitations immediately.

2.5 You will not for the Exclusive period either verbally or in writing directly or indirectly do any work in the areas of marketing, advertising or digital domain with any client to whom you have been introduced to through agencyonnet.com

2.6 You will not use the services of agencyonnet.com or Agelink Internet Venture for any unlawful or illegal activity

2.7. You will not upload any proposals for any job that could be construed as illegal, unlawful, obscene, defamatory, offensive or inappropriate either in India or in your country or as per International law. And that posting such a proposal would entitle Agelink Internet Venture to immediately terminate your registration and bar you from any further registration for life.

2.8. You will not upload any proposal or submit any proposal for the purpose of promoting any pornographic material either in print, digital or audio visual format. And that posting such a brief would entitle Agelink Internet Venture to immediately terminate your registration and bar you from any further registration for life

2.9. You will not submit any proposal for the purpose of defaming, creating societal intolerances either in religion, caste, creed or sex. Furthermore you will not use our services to submit proposals that could potentially defame, cause personal professional injury to any individual or person or organization.

2.10. You will not use the services of agencyonnet professional experts to seek advice or consult with them for any of the clauses mentioned in 2.6, 2.7, 2.8 and 2.9.

2.11. You also certify that the sole purpose of registering with agencyonnet is to conduct lawful business and provide lawful commercial expertise and services in the domain of marketing, advertising and digital marketing.

2.12. Agelink Internet Venture Pvt Ltd retains to right to disclose any information provided by you to legal authorities should such information contravene the laws of India or the laws of the country you represent.

2.13 You also absolve Agencyonnet and Agelink Internet Venture Pvt Ltd, their officers and their legal heirs from all cases that may arise due to your contravention of clauses 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12. Agelink Internet Venture further retains the right to file suit for damages should such an occasion arise.

Privacy & Security Disclosures

 3.1. By accepting these terms, you certify that you have also read and accepted Agelink Internet Venture Privacy Policy. This may be viewed online. Agelink Internet Venture retains the right to modify, change or otherwise alter the Privacy Policy from time to time.

3.2 As a registered agency you understand and accept the fact that your details will be shared with other registered clients from time to time as may be necessary as part of fulfilling the client’s brief. It is also understood that by submitting your proposal you agree and are willing for your proposal including your contact details to be shared with the client.

Intellectual Property

4.1 Agelink Internet Venture alone owns all right, title and interest pertaining to agencyonnet and its content and services.

4.2. By accepting these terms and conditions, you agree that all matters uploaded by you as part of your proposal are meant for distribution solely to the client registered with agencyonnet and who has submitted the brief and that you willingly give approval to agencyonnet to share the same .It is further understood that any Intellectual Property, patent or information shared by you via your proposal are yours alone.

Copyright

5.1 The material provided on the site is protected by intellectual property laws including copyright law and trademark law. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. You may only use information for your own personal reference. Except where such use constitutes fair dealing the information found on the Service may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of Agelink Internet Venture Pvt Ltd. You may not use any part of the information to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

5.2 All contents of the client made available to you are copyrighted contents of the client alone and no part shall be reproduced, adapted or communicated without the written consent of the client except where such part is used in conjunction with the proposal that you are submitting back to the client for the services being sought.

5.3 All contents of the proposal submitted by you are copyrighted by you and are your intellectual property. Agelink Internet Venture nor the client have any right to use any part of the proposal submitted by you for their own use except where such part is covered and is in the normal public domain.

Trademarks

6.1 The agencyonnet logo is the registered trademark of Agelink Internet Venture Pvt Ltd. Other trademarks may be displayed on the site from time to time. These may belong to third parties. Nothing displayed should be construed as granting any license or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.

LIABILITY

7.1 Subject to anything expressly agreed to the contrary in the Project Terms, Agelink Internet Venture Pvt Ltd and its registered agencies and professional advisors disclaim any and all responsibility or liability for:

(a) the accuracy, content, completeness, quality, usefulness, legality, security, performance, reliability, or availability of, and results derived from, information or materials displayed on the agencyonnet Site whether created by agencyonnet or by any Agency, and

(b) any down-time, loss of content, viruses, malicious code and other disruptive or disabling devices, code, or routines, all of which you acknowledge are risks inherent to the use of the Internet and software.

7.2 All materials and information are provided on an ‘as is’ basis with no warranties whatsoever. Agelink Internet Venture Pvt Ltd and agencyonnet expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. These Terms set forth the sole representations and warranties of the parties and any other warranties and conditions (whether implied by statute, common law or otherwise) are, to the fullest extent permissible by law.

7.3 You agree that your use of the services offered by Agelink Internet Ventures Pvt Ltd is entirely at your own risk, save as those set out expressly in the Project Terms and Conditions, Agelink Internet Ventures Pvt Ltd does not endorse any content submitted by Agencies or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with any Content.

7.4. You further understand and acknowledge that you may be exposed to content which you may consider offensive and you hereby waive any legal or equitable rights or remedies you have or may have against Agelink Internet Venture Pvt Ltd or our clients with respect to such content.

7.5. Agelink Internet Venture will not be liable for any loss of goodwill, reputation or opportunity , any loss of or corruption of data, or any loss of anticipated savings whether direct or indirect as a result of you using the site.

7.6. Agelink Internet Venture liability at all times is restricted to the maximum applicable liability equivalent to the amount of sum paid by you towards registration listing or in case where the project has already been executed to the extent of the value of the project fee.

Disclaimer

8.1 By using agencyonnet site services, you agree to abide by and acknowledge the following disclaimer. We are not involved in the actual commercial transaction between clients and agencies. We have no control over the quality, safety or legality of the items or content posted by either, the truth or accuracy of any posting, the ability of users to provide services or the ability of users to buy services. We cannot censure and do not guarantee that either or all parties will actually complete a transaction or act lawfully in using the Service. Agelink Internet Venture is an intermediary and therefore makes no implied suggestion as to the veracity of the parties who have registered in agencyonnet.com 

8.2 Agelink Internet Venture Pvt Ltd urges all parties to evaluate the service provider on their own before entering into a commercial transaction.

INDEMNITY

9.1 You hereby indemnify and hold harmless Agelink Internet Venture , its officers, directors , employees , shareholders, legal successors, assignees, suppliers, agents and contractors including any client or expert against any damages, expenses (including legal fees), liabilities and losses that may be awarded or reasonably agreed to be paid in respect of any claim or action arising from or relating to your use of the agencyonnet offering, Your dealings with the clients and in particular but without limitation that the Content provided by you infringes the Intellectual Property rights of any third party.

Project Terms and Conditions

10.1 By registering as an agency you agree and fully understand that this in no way guarantees any work being assigned to you by any client or by Agelink Internet Venture Pvt Ltd.

10.2. From time to time depending on the client brief and project requirements you may receive enquiries for proposal and that your being assigned the work would be dependent on the quality of proposal and or the client’s decision. You understand that you will be competing with other agencies for the same brief.

10.3. Once you receive a brief giving details of the project requirement, you will be required to submit your proposal within 7 days or earlier as communicated to you. Failure to submit the proposal within the specified time frame will automatically debar you from submitting a proposal for the same brief.

10.4. You and only you are responsible for the contents of the proposal submitted by you. Agelink Internet Venture is in no way responsible for the contents of the same.

10.5. Your proposal may be evaluated by Agelink Internet Venture and its officers for the quality and adherence to the project brief of the client. Agelink Internet Ventures may at its sole discretion choose not submit the proposal to the client for his or her consideration. Agelink Internet Venture may also on request by the Client be tasked with shortlisting proposals for consideration by the client. In such cases, Agelink Internet Venture officers may at their own discretion and professional judgment select the most appropriate proposals from among all the proposals received. You agree and accept the fact that your proposal may not be chosen as a result of this effort.

10.6. You will not be permitted to make changes, additions or re submit your proposal once the same has been submitted online. In the eventuality that you may so desire to change your proposal after submitting the same, you will be required to send an official email from the registered id requesting for such change. However once the time frame expires you will not be allowed to make any changes or alterations to your proposal

10.7. Your proposal should clearly communicate the total cost of the project execution. The total cost should include Agelink Internet Ventures Project Fee and should be submitted as a gross total in your proposal. Proposals without this clearly document are liable to be rejected by Agelink Internet Ventures at the time of proposal evaluation.

10.8. Any taxes as applicable in your country should be included within the total cost indicated in your proposal. Agelink Internet Venture, nor its clients will not be liable for any taxes if the same has not been included in the proposal document

10.9. Your registration fee is an annual fee payable by you and is valid for 12 calendar months from the date of registration. Your registration fee entitles you to receive project briefs from clients and otherwise use the services offered by agencyonnet.com. Your registration fee is liable to change from year to year.

10.10 By virtue of submitting a proposal you are agreeing to be legally bound by the terms of your proposal and agree to execute the same at the cost mentioned by you in your proposal.

Project Execution Terms

11.1 In the event that the client selects your agency for executing his project brief, you will be intimated by phone or email of this occurrence.

11.2. You will be required to execute the project in accordance with the proposal submitted by you. Failure to comply with the same will attract penalties as given below

11.2.i You will be required to pay 10% of the total cost of the project as specified by you in your proposal as penalty for not executing the project.

11.2.ii. You will be required to pay this penalty within 72 hours of communication of the same

11.2. Iii.Failure to comply with payment of the penalty may result in your not receiving any further client briefs for the duration of your registration.

11.3 Once you are selected for project execution, you will need to immediately begin project execution as specified in the project milestones in your proposal or in the client brief. Failure to commence project execution may be deemed to connote refusal of execution of the project.

11.4. Agelink Internet Venture would arrange for a tele-conference call between you and the client as an introduction call to discuss the project. Post this, all communication pertaining to the project execution shall be strictly between you and the client.

11.5. You agree to notify Agelink Internet Ventures of any material changes in the cost structure as submitted by you and agreed for by the client during the course of project execution. You further agree not to execute the additional incremental cost unless specifically approved by Agelink Internet Ventures.

11.6. Where there are material changes in the project execution that leads to incremental cost implications, Agelink Internet Venture shall make all attempts to get the same approved by the client. Unless specifically approved by Agelink Internet Venture, you shall not execute the same.

11.7. Once the project is successfully executed, you shall notify the same to Agelink Internet Ventures and submit a Project Completion Request. Agelink Internet Ventures shall verify the same from the client and would require a project completion certificate from the client certifying the same.

Project Payment

12.1 All Project Payments unless specified otherwise would be made at the end of the project on receipt of the Project Completion Certificate.

12.2. Agelink Internet Ventures would hold client advances and payments in escrow on behalf of the client and agency until the project is successfully completed.

12.3. On receipt of the project completion certificate, Agelink Internet Ventures would wire transfer the approved project cost as per the approved proposal to the agency specified bank account. Any bank charges would be at the cost of the agency. No other mode of payment would be entertained.

12.4. In the event where a project requires a material advance to be paid, the same would be approved by the client as payable to the agency and provided for in writing to Agelink Internet Ventures. Agelink Internet Ventures would then make the necessary wire transfers for the same into the agency bank account.

12.5 All monies collected by Agelink Internet Ventures Pvt Ltd from the client for a project on behalf of the agency are held in escrow by Agelink. It is therefore important for the agency to get prior approval from the client for any release of monies.

12.6. Clients are expected to provide the Project Completion Certificate within 10 days of the project being successfully completed by the agency and a written communication from the agency to the client has been sent intimating the same. Failure to comply in writing within 10 days of the receipt of the request for project completion certificate by the client will be construed as full and final acceptance of the project delivery and payments held by Agelink Internet Venture would be released to the agency.

12.7. In case of project disputes which impact the payment of the agency, the same would be treated in accordance with the clause titled Arbitration

Invoicing and Fees

13.1 As per the terms of this agreement Agelink Internet Venture reserves the right to change the pricing structure, amounts and policies pertaining to invoicing and fees at its discretion. The current structure and process are given under.

13.1. i. Agelink Internet Venture will retain 5% of the total proposal value as its Project Fee from the agency. Agencies will therefore be paid 95% of the total value of the cost proposal submitted and accepted by the client as full and final payment for the project executed by them.

13.2 You agree to allow Agelink Internet Ventures to act as your assignee to invoice the client for the project for the value of the cost submitted by you in your proposal.

13.3 The invoice would carry the applicable taxes as is recognized by law

13..4: Agelink Internet Venture would be on your behalf collect all monies due on the project cost and hold the same in escrow until completion of the project and submission of the project completion certificate.

13.5 You will invoice Agelink Internet Ventures 95% of the project cost as submitted by you in your proposal as your fees. 5% will be retained by Agelink Internet Ventures as their Project fees for providing you the services.

13.6 Agelink Internet Ventures will pay you 95 % of the project fees as billed to the client.

13.7: All payments made to the agency would be subject to withholding tax as applicable and certificates to this effect would be issued to the agency

Applicable Law

14.1 The Conditions of Use and all other specific and additional terms which govern your use or membership of and access to the Service will be governed by the Laws of India.

Arbitration

15.1. In the event of a project dispute leading to refusal to issue a project completion certificate by the client, both parties will make suitable arrangements to arrive at a mutually acceptable solution. The mutually acceptable solution must be notified by both Client and Agency to enable Agelink Internet Venture to release the monies held in its custody to the Agency.

15.2. In the event there is no reasonable acceptable solution by both parties, either parties may invoke the arbitration clause and allow Agelink Internet Venture to act as the sole arbitrator in settling the dispute.

15.3. Agelink Internet Ventures will make all attempts to finding a suitable solution to the dispute on its own or may assign the dispute to a professional arbitrating authority. Both parties agree to accept the decision of Agelink Internet Venture as full and final and legally binding on both parties.

15.4. Agelink Internet Ventures will communicate its decision with respect to the dispute within 3 weeks of the same being brought to Agelink s notice in writing.

15.5. Any costs incurred by Agelink Internet Venture in its attempt to settle the project dispute would be charged in equal measure to both client and agency

Entire Agreement

16.1 This Agreement and those incorporated herein set forth the entire understanding and agreement between the parties

 

Terms & Conditions for Client

BY CHECKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE AGENCYONNET.COM E COMMERCE SERVICES, (COLLECTIVELY, THE "SERVICE).

By clicking “I accept,” you agree that:
(a) you have read and accept these Terms, and that you agree to be legally bound by them on your own behalf and on behalf of the organization named on your registration set up form;
(b) you represent and warrant that you are of legal age to enter into a binding contract and that, if you are entering this agreement on behalf of the organization name you have entered in the registration set up and that you have the right and authority to bind the organization to these Terms; and
(c) you have the authority and will be responsible to pay all such fees and charges that may be required in the discharge of your obligation as a client

Agencyonnet.com is an international business to business marketplace devoted to connecting small and medium businesses around the world with advertising, marketing and digital agencies and professional experts. It is owned by Agelink Internet Venture Pvt Ltd having its registered office at B-80, Okhla Phase- I, New Delhi- 110020, India.

These terms and conditions, (the “Terms”) govern our relationship with you and your participation in using the marketplace agencyonnet.com. They also set out the terms that will apply to any agency or professional expert that you may work with or that may contact you through agencyonnet for the project briefs sent out by you.

Definitions

1.1 Agencyonnet.com means the domain agencyonnet.com  and any other websites and sub domains that agencyonnet.com may operate from time to time

1.2 Agelink Internet Venture means the organization that owns and operates the domain agencyonnet.com

1.3 Client means any organization or firm that registers itself on the domain agencyonnet.com with the purpose of either submitting a marketing, advertising or digital brief or to get in touch with experts.

1.4 Agency means any firm that is engaged in the business of providing services in marketing, advertising and digital domain.

1.5 Expert means any professional individual who is registered with agencyonnet solely for the purpose of providing professional telephonic consulting service to clients.

1.6 Agencyonnet fees means the amount of sum that is due to Agelink Internet Ventures Pvt Ltd from agencies, experts or clients.

1.7 Project Brief means the marketing, advertising or digital brief that is uploaded online by Clients seeking a concrete proposal from agencies registered on agencyonnet.com

1.8 Tele-Consulting means any request sent online by Clients seeking professional advice or consulting advice from experts registered with agencyonnet.com

1.9 Listing fees means the amount of money payable by Clients for uploading a project brief on agencyonnet.com

1.10 Project Budget means the total estimated amount of money that is proposed to be spent by the Client on the execution of the project brief.

1.11 Tele consulting fees means the amount of money payable by Clients to Agelink Internet Venture Pvt Ltd for arranging a tele conference call with the professional expert.

1.12 Proposal means any written communication uploaded by the agency on the basis of a Project Brief provided by the Client.

1.13 Exclusive Period means 12 calendar months from the time the Client has been introduced to the agency or Expert either through an email, telephone call or by virtue of receiving a proposal from a registered agency.

1.14 Invoice means the final bill due for the services rendered by the agency or professional expert from the client in accordance to previously agreed terms.

1.15 Registration fee means the amount of money payable by an agency to register itself on the domain agencyonnet.com.

1.16 Project Fee means the amount of fees that is payable to Agelink Internet Ventures Pvt Ltd by the agency for the services rendered by it to the Client

1.17 Project Completion Certificate means a certificate issued by the Client certifying that the project is completed as per the project deliverables

1.18 Proposal Price means the price mentioned in the proposal submitted by the agency

1.19 Award means selection of an agency to execute the project brief

Your Responsibility

2.1: By virtue of registering as a client on agencyonnet.com you agree that you are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.

2.2 You will notify Agelink Internet Venture Pvt Ltd immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

2.3 You will report to Agelink Internet Venture immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users

2.4. You will not for the Exclusive period get in touch with any of the Agency’s or Expert that you have been introduced to with the purpose of soliciting services from them directly on any marketing, advertising or digital related work. You also agree not to entertain any Agency or Expert approaching you directly seeking to provide their services for any marketing, advertising or digital related work. You agree to notify Agelink Internet Services of any such solicitations immediately.

2.5 You will not for the Exclusive period either verbally or in writing directly or indirectly do any work in the areas of marketing, advertising or digital domain with any Agency or Expert to whom you have been introduced to through agencyonnet.com

2.6 You will not use the services of agencyonnet.com or Agelink Internet Venture for any unlawful or illegal activity

2.7. You will not upload any project brief for any job that could be construed as illegal, unlawful, obscene, defamatory, offensive or inappropriate either in India or in your country or as per International law. And that posting such a project brief would entitle Agelink Internet Venture to immediately terminate your registration and bar you from any further registration for life.

2.8. You will not upload project brief or submit any proposal for the purpose of promoting any pornographic material either in print, digital or audio visual format. And that posting such a brief would entitle Agelink Internet Venture to immediately terminate your registration and bar you from any further registration for life

2.9. You will not submit any project brief for the purpose of defaming, creating societal intolerances either in religion, caste, creed or sex. Furthermore you will not use our services to submit project briefs that could potentially defame, cause personal professional injury to any individual or person or organization.

2.10. You will not use the services of experts to seek advice or consult with them for any of the clauses mentioned in 2.6, 2.7, 2.8 and 2.9.

 2.11. You also certify that the sole purpose of registering with agencyonnet is to conduct lawful business and seek lawful commercial expertise and services in the domain of marketing, advertising and digital marketing.

2.12. Agelink Internet Venture Pvt Ltd retains to right to disclose any information provided by you to legal authorities should such information contravene the laws of India or the laws of the country you represent.

2.13 You also absolve Agencyonnet and Agelink Internet Venture Pvt Ltd, their officers and their legal heirs from all cases that may arise due to your contravention of clauses 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12. Agelink Internet Venture further retains the right to file suit for damages should such an occasion arise.

Privacy & Security Disclosures

3.1. By accepting these terms, you certify that you have also read and accepted Agelink Internet Venture Privacy Policy. This may be viewed online. Agelink Internet Venture retains the right to modify, change or otherwise alter the Privacy Policy from time to time.

3.2 As a registered client you understand and accept the fact that your details will be shared with other registered agencies from time to time as may be necessary as part of fulfilling your project brief. It is also understood that by submitting your project brief you agree and are willing for your project brief including your contact details to be shared with the agency or expert.

Intellectual Property

4.1 Agelink Internet Venture alone owns all right, title and interest pertaining to agencyonnet and its content and services.

4.2. By accepting these terms and conditions, you agree that all matters uploaded by you as part of your project brief are meant for distribution solely to the agencies registered with agencyonnet and who have submitted the proposal and that you willingly give approval to agencyonnet to share the same .It is further understood that any Intellectual Property, patent or information shared by you via your project brief are yours alone.

Copyright

5.1 The material provided on the site is protected by intellectual property laws including copyright law and trademark law. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. You may only use information for your own personal reference. Except where such use constitutes fair dealing the information found on the Service may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of Agelink Internet Venture Pvt Ltd. You may not use any part of the information to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

5.2 All contents of the proposals made available to you are copyrighted contents of the agency alone and no part shall be reproduced, adapted or communicated without the written consent of the agency.

5.3 All contents of the project brief submitted by you are copyrighted by you and are your intellectual property. Agelink Internet Venture nor the agencies have any right to use any part of the project brief submitted by you for their own use except where such part is covered and is in the normal public domain.

Trademarks

6.1 The agencyonnet logo is the registered trademark of Agelink Internet Venture Pvt Ltd. Other trademarks may be displayed on the site from time to time. These may belong to third parties. Nothing displayed should be construed as granting any license or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.

LIABILITY

7.1 Subject to anything expressly agreed to the contrary in the Project Terms, Agelink Internet Venture Pvt Ltd and its registered agencies and professional advisors disclaim any and all responsibility or liability for:

(a) the accuracy, content, completeness, quality, usefulness, legality, security, performance, reliability, or availability of, and results derived from, information or materials displayed on the agencyonnet Site whether created by agencyonnet or by any Agency, and

(b) any down-time, loss of content, viruses, malicious code and other disruptive or disabling devices, code, or routines, all of which you acknowledge are risks inherent to the use of the Internet and software.

7.2 All materials and information are provided on an ‘as is’ basis with no warranties whatsoever. Agelink Internet Venture Pvt Ltd and agencyonnet expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. These Terms set forth the sole representations and warranties of the parties and any other warranties and conditions (whether implied by statute, common law or otherwise) are, to the fullest extent permissible by law.

7.3 You agree that your use of the services offered by Agelink Internet Ventures Pvt Ltd is entirely at your own risk, save as those set out expressly in the Project Terms and Conditions, Agelink Internet Ventures Pvt Ltd does not endorse any content submitted by Agencies or any opinion, recommendation, or advice expressed by experts therein and expressly disclaims any and all liability in connection with any Content or opinion.

7.4. You further understand and acknowledge that you may be exposed to content which you may consider offensive and you hereby waive any legal or equitable rights or remedies you have or may have against Agelink Internet Venture Pvt Ltd or our clients with respect to such content.

7.5. Agelink Internet Venture will not be liable for any loss of goodwill, reputation or opportunity , any loss of or corruption of data, or any loss of anticipated savings whether direct or indirect as a result of you using the site.

7.6. Agelink Internet Venture liability at all times is restricted to the maximum applicable liability equivalent to the amount of sum paid by you towards listing fee.

Disclaimer

8.1 By using agencyonnet site services, you agree to abide by and acknowledge the following disclaimer. We are not involved in the actual commercial transaction between clients and agencies and experts. We have no control over the quality, safety or legality of the items or content or advice posted by either, the truth or accuracy of any posting, the ability of users to provide services or the ability of users to buy services. We cannot censure and do not guarantee that either or all parties will actually complete a transaction or act lawfully in using the Service. Agelink Internet Venture is an intermediary and therefore makes no implied suggestion as to the veracity of the parties who have registered in agencyonnet.com

8.2 Agelink Internet Venture Pvt Ltd urges all parties to evaluate the service provider on their own before entering into a commercial transaction.

INDEMNITY

9.1 You hereby indemnify and hold harmless Agelink Internet Venture , its officers, directors , employees , shareholders, legal successors, assignees, suppliers, agents and contractors including any agency or expert against any damages, expenses (including legal fees), liabilities and losses that may be awarded or reasonably agreed to be paid in respect of any claim or action arising from or relating to your use of the agencyonnet offering, Your dealings with the agencies and experts and in particular but without limitation that the Content provided by you infringes the Intellectual Property rights of any third party. Project Terms and Conditions

10.1 By registering as an client you agree and fully understand that this in no way guarantees your receiving any proposals from agencies or being able to find an expert.

10.2. Depending on the project brief submitted by you Agelink Internet Venture shall make all efforts to seek proposals from agencies that suit your project brief requirement. Agelink Internet Venture makes no claim in guaranteeing any response whatsoever to your project brief. You understand and accept the fact that agencies may chose not to respond to your project brief.

10.3. Once you submit a project brief giving details of the project requirement, agencies will be required to submit their proposals within 7 days .Failure to submit the proposal within the specified time frame will automatically debar them from submitting a proposal.

10.4. You and only you are responsible for the contents of the project brief submitted by you. Agelink Internet Venture is in no way responsible for the contents of the same.

10.5. Your project brief may be evaluated by Agelink Internet Venture and its officers for the quality, adherence and suitability to the type of agencies chosen by you to respond. Agelink Internet Ventures may at its sole discretion choose not accept the project brief or may choose to modify the project brief in consultation with you in order to improve its quality, adherence or suitability to the type of agencies chosen by you.

10.6. You will not be permitted to make changes, additions or re submit your project brief once the same has been submitted online unless you pay the additional listing fee. In the eventuality that you may so desire to change your project brief after submitting the same, you will be required to send an official email from the registered id requesting for such change. However once the time frame for receiving proposals expires you will not be allowed to make any changes or alterations to your project brief.

10.7. Your project brief should clearly communicate the project budget for the project brief. You accept and understand that agencies would be submitting proposals or choosing not to submit proposals basis your project budget

10.8. The project budget indicated by you should include any applicable taxes that would be charged by the agency on executing the project brief. Agencies would consider the project budget as the total monies being earmarked by you as likely to be spent and would be submitting proposals to you that fit your project budget inclusive of any taxes. Your actual project execution budget would therefore be lower than that project budget indicated by you in your project brief.

10.9. You will be required to pay a listing fee for submitting every project brief. This listing fee is fully adjustable against your final project budget when you award the project to the agency of your choice. Failure to pay the listing fee will result in your project brief not being listed on agencyonnet. Your listing fee entitles you to list your project brief on agencyonnet and receive proposals from agencies. Listing fee is 100% refundable to you in toto should you not receive any proposals from agencies.

10.10 By virtue of submitting a project brief you are agreeing to be legally bound by the terms of your project brief and agree to award the project to the agency of your choice as per the proposal accepted by you and as per the cost indicated by the agency in its proposal

10.11. Once the proposal submission time frame is over, you will have 10 days within which to select and award the project to the agency of your choice. Should you chose not to award the project to anyone, you will be liable as follows:

10.11.i. Your listing fee will be retained by Agelink Internet Venture as penalty

10.12. Should you receive less than 3 proposals from agencies, you will be entitled to choose from one of the following options within 10 days of the closure of the agency proposal submission time frame.

10.12.i. Allow Agelink Internet Venture to further list your project brief free of listing fee for a further period of 2 weeks to allow more agencies to respond

10.12.ii. Allow a full refund of your listing fee paid by you for the said project.

 Project Execution Terms

11.1 You will be required to select and award the project to the agency of your choice from among the proposal received by you within 10 days of the closure time frame of submission of proposals by agencies.

11.2. You will be required to be required make 100 %payment of the entire proposal price as mentioned in the proposal of the agency you have awarded the project too as per the following schedule:

11.2.i: 50% of the proposal price less the listing fee already paid by you is to be paid immediately within 2 working days. The award is disclosed to the agency of your choice only after this payment is received and acknowledged by Agelink Internet Venture.

11.2.ii. 25% of the proposal price before 2 weeks of the project completion end date as specified by you in your project brief or as communicated to you in writing by the awarded agency whichever is earlier.

11.2. iii. 25% of the proposal price before 1 week of the project completion end date as specified by you in your project brief or as communicated to you in writing by the awarded agency whichever is earlier.

11.2. iv. Agelink Internet Venture may in consultation with the client and the agency chose to change the schedule of payment. All such changes in the schedule of payment that deviate from the above schedule shall be communicated in writing to the client at the registered email id of the client.

11.3 Awarded agencies once selected for project execution, are expected to immediately commence the project execution. Failure to commence project execution may be deemed to connote refusal of execution of the project. In such cases, Agelink Internet Venture retains the right to do one of the following:-

11.3.i. Request the client to choose another agency from among the proposals received by the client. Agelink Internet Venture would be liable to ensure execution of the project on the same price and terms as that of the previously awarded agency proposal.

11.3.ii. Provide the client with an alternative agency from among its roster of agencies to execute the project on the same terms and conditions as the previously selected agency.

11.3.iii. In the eventuality that the client is not willing for either of the above options, Agelink Internet Venture’s liability is restricted to the extent of refunding the listing fee only.

11.4. Agelink Internet Venture would arrange for a tele-conference call between the agency and the client as an introduction call to discuss the project. Post this, all communication pertaining to the project execution shall be strictly between agency and the client.

11.5. You agree to notify Agelink Internet Ventures of any material changes in the project budget and project brief as submitted by you and agreed to in the proposal and proposal price by the agency during the course of the project execution. You further agree to immediately notify Agelink Internet Venture of any incremental costs that may incur as a result of material changes in the project brief.

11.6. Where there are material changes in the project execution that leads to incremental cost implications, you agree to make payment for the additional cost. Agelink Internet Venture shall in writing to you make available for your records the additional schedule of payments that are a result of the increase in project cost. You also agree to accept these additional schedule of payments. Where changes in the project brief lead to a lower than agreed proposal price, your corresponding balance schedule of payments will be re-worked accordingly.

11.7. Once the project is successfully executed, you will be notified of the same by the agency through a project completion request. You will be required to confirm the same through the project completion certificate. You will be required to do so within 10 days of receiving the project completion form. Failure to do so within the specified time frame will be construed as your acceptance of the same.

11.8. When a client selects an expert, a mutually acceptable time slot will be finalized by Agelink Internet Venture in consultation with the client and the expert to connect the client and the expert on a virtual conference call. A written mail would be sent to both parties communicating the process and time for the conference call.

11.9. In the eventuality that the client is unable to attend the call for forces other than Force Majeure, an alternative time slot would be mutually fixed again by Agelink Internet Venture. Failure to attend the second conference call at the scheduled time frame would result in forfeiture of the fees paid by the client and the fees would be payable to the expert in accordance to the terms and conditions applicable for experts. Agelink Internet Venture would make no further attempts to connect the client with the expert. The client if he chooses would be required to make a fresh payment and a fresh selection.

11.10. In the eventuality that the expert is unable to attend the call for forces other than Force Majeure, an alternative time slot would be mutually fixed again by Agelink Internet Venture. Failure to attend the second conference call at the scheduled time frame would result cancellation of the order and the fees would be refunded back to the client. Agelink Internet Venture would make no further attempts to connect the client with the expert. The client if he chooses would be required to make a fresh payment and a fresh selection.

Project Payment

12.1 All Project Payments unless specified otherwise would be made at the end of the project on receipt of the Project Completion Certificate to the agency.

12.2. Agelink Internet Ventures would hold client advances and payments in escrow on behalf of the client and agency until the project is successfully completed.

12.3. All payments as per the schedule of payments other than the listing fee would be payable by the client only through wire bank transfers. Any bank charges would be at the cost of the client. No other mode of payment would be entertained. Listing fee would be payable through the payment gateway.

12.4. In the event where a project requires a material advance to be paid, the same would be approved by the client as payable to the agency and provided for in writing to Agelink Internet Ventures. Agelink Internet Ventures would then make the necessary wire transfers for the same into the agency bank account.

12.5 All monies collected by Agelink Internet Ventures Pvt Ltd from the client for a project on behalf of the agency are held in escrow by Agelink. It is therefore important for the client to provide prior payment instructions for project advances. No monies are released to agencies without client prior approval.

12.6. Clients are expected to provide the Project Completion Certificate within 10 days of the project being successfully completed by the agency and a written communication from the agency to the client has been sent intimating the same. Failure to comply in writing within 10 days of the receipt of the request for project completion certificate by the client will be construed as full and final acceptance of the project delivery and payments held by Agelink Internet Venture would be released to the agency.

12.7. In case of project disputes which impact the payment of the agency, the same would be treated in accordance with the clause titled Arbitration

Invoicing and Fees

13.1 As per the terms of this agreement Agelink Internet Venture reserves the right to change the pricing structure, amounts and policies pertaining to invoicing and fees at its discretion. The current structure and process are given under.

13.1. i. Agelink Internet Venture will retain 5% of the total proposal value as its Project Fee from the agency. Agencies will therefore be paid 95% of the total value of the cost proposal submitted and accepted by the client as full and final payment for the project executed by them.

13.1.ii. Agelink Internet Venture will retain 35% of the expert fees as charged by the expert as its fees to provide the service to the expert and the client. The balance would be payable to the expert.

13.1.iii. No fees or additional charges are payable by the client to use Agencyonnet services or functionality

13.2 You agree to allow Agelink Internet Ventures to invoice you for the services rendered to you by agencies or experts as the case may be. No other party other than Agelink Internet Venture is authorized to submit invoices to you for the services as utilized by you through agencyonnet.

13.3 The invoice raised to you would carry the applicable taxes as is recognized by law. All taxes are in-built into the price mentioned in the website as in the case for experts and in the price proposal as mentioned by the agencies.

13..4: Agelink Internet Venture would be on your behalf collect all monies due on the project cost and hold the same in escrow until completion of the project and submission of the project completion certificate.

13.5 Agelink Internet Venture will bill you 100% of the price proposal or the final project price in case of any material changes in the project cost. You will also be provided an invoice for 100% of the consulting fee as mentioned for the expert you have chosen to consult with.

13.7: All payments made to Agelink Internet Venture would be subject to withholding tax as applicable and certificates to this effect have to be issued by the client.

Applicable Law

14.1 The Conditions of Use and all other specific and additional terms which govern your use or membership of and access to the Service will be governed by the Laws of India.

Arbitration

15.1. In the event of a project dispute leading to refusal to issue a project completion certificate by the client, both parties will make suitable arrangements to arrive at a mutually acceptable solution. The mutually acceptable solution must be notified by both Client and Agency to enable Agelink Internet Venture to release the monies held in its custody to the Agency.

15.2. In the event there is no reasonable acceptable solution by both parties, either parties may invoke the arbitration clause and allow Agelink Internet Venture to act as the sole arbitrator in settling the dispute.

15.3. Agelink Internet Ventures will make all attempts to finding a suitable solution to the dispute on its own or may assign the dispute to a professional arbitrating authority. Both parties agree to accept the decision of Agelink Internet Venture as full and final and legally binding on both parties.

15.4. Agelink Internet Ventures will communicate its decision with respect to the dispute within 3 weeks of the same being brought to Agelink s notice in writing.

15.5. Any costs incurred by Agelink Internet Venture in its attempt to settle the project dispute would be charged in equal measure to both client and agency

Entire Agreement

16.1 This Agreement and those incorporated herein set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.