Unless otherwise agreed in writing, following services will be separately billed after the web application and servers setup has been made live:
The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then Incretive Private Limited will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
Overseas (outside India): 2Checkout Payment Gateway, Payoneer, TransferWise, Western Union, Money Gram, International Wire Transfers. Indian Clients: NEFT, RTGS, PayuMoney Payment Gateway, EBS Payment Gateway or Physical Cheques Mailed to our office address.
Incretive Private Limited makes every effort to design the platform that works flawlessly on most popular current browsers latest version of FireFox/Chrome/IE released on the date of the project agreement. We, however, can not be held responsible for the platform that does not display acceptably in new versions of browsers released after pages have been designed. Older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using the latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
You agree that Incretive, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services, Offers and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Incretive Private Limited may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Incretive Private Limited will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Incretive Private Limited may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
In no event will Incretive Private Limited or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Incretive Private Limited or a Incretive Private Limited authorized representative has been advised of the possibility of such damages. In no event will Incretive Private Limited or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Incretive, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Incretive Private Limited has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Incretive, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Incretive Private Limited . Incretive Private Limited would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Incretive’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Incretive, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Incretive Private Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Incretive, including rights to settle, and you agree to cooperate with Incretive’s defense and settlement of these claims. Incretive Private Limited will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, Incretive Private Limited and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Incretive Private Limited or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Incretive Private Limited ” includes Incretive Private Limited ’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Incretive Private Limited is a reseller of the database and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Incretive Private Limited and its third-party suppliers, licensors, and partners do not warrant that the data, Incretive Private Limited software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Incretive Private Limited and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Incretive Private Limited be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
The Services and the Site are owned and operated by Incretive Private Limited and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Incretive Private Limited (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Incretive, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Incretive Private Limited and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Incretive Private Limited or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Incretive, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Incretive Private Limited reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Incretive, and shall assign to Incretive, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Incretive Private Limited reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Incretive Private Limited may be required under applicable law to give you advance notice, and Incretive Private Limited will comply with such requirements.
Incretive Private Limited may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Incretive Private Limited must be sent by courier or registered mail.
The failure of Incretive Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Incretive.
Incretive Private Limited may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pune, MH India, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Pune, MH India, necessary to protect the rights or the property of you or Incretive Private Limited (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Incretive Private Limited must be resolved by a court located in Pune, MH India,. You agree to submit to the personal jurisdiction of the courts located within Pune, MH India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement and any rights granted hereunder may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Incretive Private Limited relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Incretive Private Limited in accordance with the terms of this Agreement.
Please don’t use our email setup to send anything offensive, to promote anything illegal, or
to harass anyone. You may NOT send:
Emails offering to sell illegal goods or
services
Emails that violate CAN-SPAM Laws
Pornography/sexually explicit content
As an email service provider, we feel it’s our responsibility to be extra vigilant about preventing spam-related abuse. It’s also in our best interest to keep the system clean, because your IP/Server reputation and deliver-ability depend on it. For that reason we offer, and may update from time to time, articles outlining sending best practices in our knowledge base and shared guidelines. For example, we offer guidelines about list permission and best practices. You may only use this bulk email setup in accordance with these best practices, and server hosting providers may suspend or terminate your account if you violate these guidelines/best practices and we (Incretive) will not be responsible in any case since spamming is strictly prohibited.
Our effort is to try and offer you the best possible service in a timely manner and to your satisfaction. We strive to reach your goals as a partnership and connect your business with consumers in a straight forward and cost-effective way.
Incretive Private Limited offers 15-Days Money-Back Guarantee to ensure customer satisfaction with our products/services. If for any reason you wish to discontinue using the product/services, within 15 days of the purchase, we will issue a refund within 24-48 hours after deducting payment gateway transaction fee (3%-5%) and USD 15/hour for the hours spent on your project.
Incretive Private Limited does not guarantee a full refund for the cancellation of its services. If you change your mind after paying for our service, Incretive Private Limited will act only on the policy here within. Incretive Private Limited will refund or cancel your services according to the following guidelines:
If you don’t want to continue using any of Incretive’s services and wish to cancel or have any questions, comments or concerns about our refund and cancellation policy, you may contact us at contactus@mailpeckersetup.com. Be sure to include your full name, company name, account number and the service you want to be canceled. Include “CANCEL ORDER” in the subject line. *All refunds and cancellation requests must be made in writing. Your request will not be considered valid unless and until you receive confirmation from our billing department. The confirmation email or number given by the billing department of Incretive Private Limited will act as a proof of the cancellation of service.
We strongly believe that our services will be beneficial to your business. We always strive to make your internet experience more enjoyable and we do our best for the same.
*Incretive Private Limited reserves the right to modify any provisions of the refund and cancellation policy without any notice.
Thanks for taking the time to read our Legal Information, Privacy Policy, Refund & Cancellation, Terms of use, Anti-Spam Policies.