Terms and conditions - ProSofos

Terms and conditions

By accessing, browsing, and using this Web site, users agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. You are requested to read them carefully before you use the services of this site.

This website may contain copyright notices, the terms of which must be observed and complied with. Information on this website may be changed or updated at any time without prior notice. The provision of information by our company shall not be construed as granting users any licenses to any copyright or any other intellectual property rights of our company or any third party. The trademarks, logos, and service marks displayed on this website are registered and common law trademarks of our company and third parties. Users are hereby prohibited from using these trademarks.

Terms of Use

This website provides a wide range of information, websites, software, products, documents, communications, files, text, graphics, publications, content, forums, resources, and services.

The following are the terms of use that define the level of agreement between you and ProSofos Solutions.

Trademark Usage Guideline

We suggest that you read the terms of use before you use this website. You agree to and are bound by the terms of use described in this document (“Terms of Use”) by accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services. If you do not wish to abide by all of the terms and conditions contained in the terms of use, do not use this website in any manner. The Terms of Use are entered into by and between ProSofos and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. ProSofos reserves the right, at ProSofos’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

Use of Materials Limitations

All the assets contained on the website are the copyrighted property of ProSofos, its subsidiaries, affiliated companies, and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ProSofos, or its subsidiaries, or affiliated companies and/or third-party licensors. The materials and services on this website are for your personal and non-commercial use (unless otherwise specified), and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from ProSofos.  No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, posted, or distributed in any form without prior written permission from ProSofos. Unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

Restricted Rights Legend

The consent to use documents and publications does not include consent to copy the design, look and feel, content, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the website may be copied or retransmitted unless expressly permitted by ProSofos.

Advertisements and Promotions

ProSofos may run campaigns, advertisements, and promotions from third-party organizations on the website. The manner, mode, and extent of advertising by ProSofos will be subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ProSofos found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. ProSofos is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-ProSofos advertisers on the website.

General Information

The Terms of Use contain the entire agreement between you and ProSofos, overruling any prior agreements between you and ProSofos on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Despite the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradict any terms of a prior written agreement between you and ProSofos in effect as of the date of your use of the website and specifically regarding your use of the website (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other ProSofos services, third-party content, or third-party software. You must not assign or otherwise transfer the Terms of Use, nor any right granted hereunder.

ProSofos will bear no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, and information from the site.

ProSofos controls and operates this website from its headquarters in Canada and its delivery center in India and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

The failure of ProSofos to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

ProSofos does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements, or products made available on the site.

ProSofos shall have no responsibility for any damage to the user’s computer system or loss of data that results from the download of any content, materials, and information from the site.

The information contained on the site has been obtained from sources believed to be reliable. ProSofos disclaims all warranties as to the accuracy, completeness, or adequacy of such information.

The website may contain inaccuracies, typographical or clerical errors. For which, ProSofos does not warrant the accuracy or completeness of the materials/ data or the reliability of any advice, opinion, statement, or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

ProSofos reserves the right to: (a) modify, without any prior notice, the features of the website and/or (b) suspend, interrupt or limit the access to all or part of the website, without any prior notice, particularly for maintenance purposes. ProSofos may at any time change or revise the terms by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current terms to which you are bound.

Privacy Policy

We are committed to protecting your privacy. This Statement of Privacy applies to the ProSofos website and governs data collection and usage. By using the ProSofos website, you consent to the data practices described in this statement.

Collection of your Personal Information

Typically, we collect data in order to provide services that customers request from us. For example, we may capture identifiable information, such as your email address, name, home or work address, or telephone number. Via this website, the data collected is the information you provide to us when registering with the website or through an inquiry form, such as email address, name, telephone number.

There is also information about your computer hardware and software that is automatically collected by ProSofos. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used by ProSofos for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding the use of the ProSofos website.

To update or change your personal information held on the ProSofos website or to opt-out for any reason contact us via email. You can find out what data we hold about you in the same way. If you have signed up for email alerts, you can unsubscribe or change your settings at any time by selecting the ‘unsubscribe link that appears in every email.

Use of your Personal Information.

ProSofos collects and uses your personal information to operate the ProSofos website and deliver the services you have requested. Including:

● to carry out our obligations arising from any contracts entered by you and us.

● seek your views or comments on the services we provide.

● notify you of changes to our services.

● send you communications which you have requested and that may be of interest to you. These may include information about campaigns, appeals, other international trade activities, etc.

We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfill our statutory obligations (for example the collection of accounting data). We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as it is set out in any relevant contract you hold with us.

Your rights

You have the right to ask us to not process your Personal Information. We will inform you (before collecting your Personal Information) if we intend to use your Personal Information for such purposes or if we intend to disclose your information to any third party for such purposes. You can contact us by email for the same.

If you have previously given your consent to the use of your Personal Information purposes, you can choose to stop receiving marketing communications that we send to you from time to time by following the unsubscribe instructions included in such communications. Alternatively, you can opt out of such communications at any time by contacting us by email.

You can choose to opt out from your Personal Information being used for any purpose that differs from the purposes notified to you when we collected your personal information or disclosed it to any third party.

If you would like to do this, please contact us. Please note that opting out may prevent us from providing you with our services or information requested by you.

Payment Terms & Conditions

Refunds & Payments

By using this website, you are assuming that you agree to these terms and conditions. Do not use ProSofos if you do not agree to all of the terms and conditions specified on this page.

1. After accepting these Terms and Conditions, a User may register and use the Services.

2. The term “refund” is used in these Terms and Conditions to refer to approved and settled credit card or net banking purchase transaction(s) that are refused, debited, or charged back to the merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason, including bank fees, penalties, and other charges incidental thereto.

3. Server Slowdown/Session Timeout: If the Website or a Payment Service Provider’s web page linked to the Website is experiencing any server-related issues, such as slowdown, failure, or ‘session timeout,’ the User must first check whether his or her Bank Account has been debited, and then choose one of the following options:

If the Bank Account appears to have been charged twice, double-check the payment and contact the Organization by e-mail or any other mode of communication offered by the Organization to confirm payment.

If the Bank Account is not debited, the User may initiate a new transaction to make the payment.

The User acknowledges, however, that the Payment Gateway Service Provider will not be held liable for any fraudulent or duplicate transactions, and that no claims against the Payment Gateway Service Provider should be filed. No letter received in this regard by the Payment Service Provider(s) will be considered by the Payment Service Provider(s).

4. The Organization and the Payment Service Provider(s) disclaim any and all liability for any monetary or other loss sustained by the User as a result of:

Any data or other information sent in connection with the Payment Gateway or Services is delayed, fails, is interrupted, or is corrupted; and/or

Any issues or disruptions in the Payment Gateway’s operation.

5. The User understands, agrees, and affirms that personal data communicated via the Internet, including debit card/credit card details, may be subject to misuse, hacking, theft, and/or fraud, and that the Organization or Payment Service Provider(s) have no control over such things.

6. Despite taking all reasonable precautions to prevent unauthorized use of any information submitted by the User, the organization cannot guarantee that using the Organization’s Services will not result in data theft or unlawful Internet usage.

7. At any time, the Organization, the Payment Service Provider(s), and their affiliates and associates are not responsible for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of the information contained on the Website.

Your debit/credit card information, as well as your bank account information

1. The User agrees that the debit/credit card information he or she provides for use of the aforementioned Service(s) must be correct and accurate, and that the User will not use a debit/credit card that he or she does not own or for which the lawful owner has not given authorization to use. In addition, the User agrees to supply genuine and accurate debit/credit card information.

2. The Organization’s fees can be paid with a debit/credit card or through an internet banking account. When the User initiates a payment transaction and/or offers an online payment instruction, the User warrants, agrees, and affirms that:

The User has full and complete legal authorization to conduct such transactions using a credit/debit card or bank account.

The User is responsible for verifying the accuracy of the card/bank account details provided.

The User authorizes payment from the nominated card/bank account of fees chosen by the User, as well as the applicable Fees.

The User is responsible for ensuring that sufficient credit is available on the nominated card/ bank account at the time of payment to meet the User’s outstanding debts or bill(s), including the applicable Fee.

Digital Marketing Products

1. Agreement Overview

These Terms and Conditions (“Agreement”) constitute a legally binding agreement between ProSofos Inc. (hereinafter referred to as the “Agency,”) and the client, who avails of agency’s services (hereinafter referred to as the “Client.”)

2. Scope of Services

The Agency agrees to provide digital marketing services as specified in the signed proposal or agreement between the parties. The scope of services is limited to the type of digital marketing plan selected by the client.

3. Client Responsibilities

The Client shall provide all necessary materials, information, and access required for the Agency to perform the services. The Client shall also review and approve all materials and content in a timely manner.

4. Payment Terms

  • Fees: The Client agrees to pay the Agency the fees outlined in the signed proposal or agreement.
  • Invoices: Invoices shall be issued by the Agency to the Client based on the agreed-upon payment schedule. Payment is due immediately upon issue of invoice.
  • Late Payments: Late payments may result in the suspension of services. The Agency reserves the right to charge interest on overdue amounts at a rate of 1% per month.

5. Intellectual Property

  • Agency Materials: All materials created by the Agency, including but not limited to text, graphics, logos, and other content, shall remain the intellectual property of the Agency unless otherwise agreed upon in writing.
  • Client Materials: The Client represents and warrants that any materials provided to the Agency for use in the project do not infringe on the intellectual property rights of any third party.

6. Confidentiality

Both parties agree to keep confidential any non-public information obtained during the course of the project.

7. Termination

  • Termination for Convenience: Either party may terminate this Agreement for any reason by providing 30 days’ written notice.
  • Termination for Cause: Either party may terminate this Agreement immediately in the event of a material breach by the other party.

8. Limitation of Liability

The Agency acknowledges its commitment to diligently provide the services outlined in this Agreement. However, it is understood that the outcomes of digital marketing efforts, including but not limited to increasing website traffic, generating leads, or achieving conversions, are influenced by a multitude of variables beyond the Agency’s control.

The Agency shall not be held liable for any indirect, incidental, special, or consequential damages arising from its efforts to provide the services stipulated in this Agreement. This includes, but is not limited to, any failure to increase traffic, generate leads, or achieve conversions as desired by the Client.

The Client acknowledges that the success of digital marketing campaigns is dependent on various external factors, including market conditions, consumer behavior, and the quality of the Client’s products or services. Therefore, the Client agrees not to hold the Agency responsible for any lack of anticipated outcomes or results.

The Agency’s responsibilities extend to the diligent execution of the agreed-upon services using industry best practices. While the Agency will employ its expertise and experience to optimize the Client’s digital presence, the Client understands and accepts that achieving specific results cannot be guaranteed.

By entering into this Agreement, the Client agrees to release, discharge, and hold harmless the Agency and its employees, agents, and affiliates from any claims, demands, or causes of action arising out of the Agency’s inability to achieve specific marketing goals, including, but not limited to, increasing traffic, generating leads, or securing conversions.

This limitation of liability shall apply to any claims, whether in contract, tort, or otherwise, and regardless of the cause of action, arising from or related to the services provided by the Agency under this Agreement.

9. Indemnification

The Client agrees to indemnify and hold the Agency harmless against any claims, liabilities, losses, or expenses arising from the Client’s use of the services or the breach of this Agreement.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of [Your Jurisdiction]. Any disputes arising from this Agreement shall be resolved through arbitration in accordance with the rules of  concerned arbitration provider and the arbitration shall take place in Ontario, Canada.

11. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, and communications, whether oral or written.

Payment Gateways Disclaimer

The Service is designed to make seeing and paying your fees online more convenient for you. The Organization or the Payment Service Provider(s) make no representations about the operation of the Payment Gateway, express or implied, other than what is stated on the Website for this purpose. The User fully accepts that his or her use of the aforementioned online payment Service is at the User’s own risk and responsibility by accepting/ agreeing to these Terms and Conditions.

Refund Policy for Online Payments

Reimbursement for Chargeback Transaction: If the User makes a claim for/ against a chargeback transaction for any reason, the User shall contact the Organization promptly with his/ her claim details and seek a refund only from the Organization. The Organization will provide such reimbursements (if any) solely through a payment gateway or any other method considered appropriate by the Organization. Any User may not ask the Payment Service Provider(s) for a refund or chargeback, and if they do, they will be ignored.

Refund for fraudulent/duplicate transaction(s): The User must contact the Organization directly for any fraudulent transaction(s) resulting from the misuse of Card/Bank details by a fraudulent individual/party, and such issues will be handled solely by the Organization in accordance with their policies and rules.