This Agreement will commence on Effective Date and will continue unless terminated earlier as provided herein.

Markitome is a Pay & Play agency. Services will be rendered on realization of the invoice. You agree to pay Markitome the entire amount in advance. All invoices including the recurring invoices shall be automatically generated and shared on the 2nd day of every month which shall be subject to clearance on the 7th or 5 days after the invoice is generated. This NET 5 term shall be implied to be agreed to, if services are rendered by Markitome

Performance Warranty

Markitome warrants that the Services provided will be performed in a professional and workmanlike manner. In the event of any breach of this warranty, Service Provider will, at its sole discretion, either re-perform the Services or provide a refund of the fees paid by the Client.

Limitation of Liability

Markitome’s liability under this Agreement shall be limited to the amount paid by you for the Services rendered. In no event shall Markitome be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to this Agreement or the provision of Services.

Termination

Markitome may terminate this Agreement by providing a written notice (email) of 7 days. Termination shall not relieve either Party of any obligations incurred prior to the termination date.

Confidentiality

You agree to keep any non-public, proprietary, or confidential information disclosed during the term of this Agreement confidential. This obligation shall survive the termination of this Agreement.

Governing Law

The parties shall Endeavour to resolve any dispute or difference arising from this AGREEMENT or any transaction or performance or non-performance under this AGREEMENT, by mutual discussion. Any such dispute or difference, which cannot be so resolved within a period of 30 days then all claims and disputes arising under or relating to this Agreement are to be settled by binding e-arbitration. With an objective resolve the dispute, PDR ORGANIZATION PRIVATE LIMITED (PrivateCourt) shall conduct the e-arbitration and the parties shall be bound by any and all rules of PDR ORGANIZATION PRIVATE LIMITED (PrivateCourt) and any award/decision rendered. Any such arbitration shall be conducted by an experienced arbitrator/lawyer (to be appointed by PDR ORGANIZATION PRIVATE LIMITED (PrivateCourt)) and shall include a written record of the arbitration hearing. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. An award of arbitration may be confirmed/executed in a court of competent jurisdiction. The seat of arbitration shall be Mumbai and venue shall be online. Courts in Mumbai shall have exclusive jurisdiction and this agreement shall be governed by the laws of India. Entire Arbitration proceeding will be conducted online through e-filing and video conferencing and award will be provided in physical form on appropriate stamp paper.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

Refund Policy

We offer 100% refund if the contract is terminated from either party within 7 days of approval. All refunds will be processed on or before 90 days of contract termination. If contract exceeds 7 days, refund value will considered on a case to case basis. Tool purchases, license fees and other costs will be deducted in the interest of fair business practices.

Last updated on 12/07/2023

Please feel free to go through Markitome’s Universal Terms of Service Agreement and all our Legal Agreements for any clarification.