These Terms of Service (“Agreement”) describe the terms and conditions under which you (“Client”, “you”, or “your”) may access and use OSX TechLabs Pvt Ltd (“we”, “our”, “us” or “OnlineSales”) Service.
BY CLICKING THE “I ACCEPT” BUTTON, ENTERING INTO THE INSERTION ORDER, COMPLETING THE ACCOUNT CREATION PROCESS, OR USING ONLINESALES’S SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (FOR INSTANCE, AS AN ADVERTISING AGENCY ON BEHALF OF ACLIENT), OR YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND ANY SUCH OTHER ENTITY, THEN THE TERMS “CLIENT,” “YOU,” OR “YOUR” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AGENT ON BEHALF OF ANOTHER THIRD PARTY, THEN THE TERMS “CLIENT,” “YOU,” OR “YOUR” WILL REFER TO SUCH ENTITY AND THE AUTHORIZING PARTY(IES), AS APPLICABLE). ONLINESALES MAY MODIFY THE AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE.
1. DEFINITIONS
- “Account” means a Client account for access to the platform.
- "Ad" means any text, display, video or any digital advertisement that is targeted to an end user through the Service.
- “Agreement” means these Terms of Service and all materials referred or linked to in here.
- “OnlineSales Materials” means the Platform, Technology, Documentation, visual interfaces, graphics, design, compilation, computer code, and all other elements of the Service, including related modifications and derivative works.
- “Applicable Law” means any applicable federal, state or foreign laws or regulations or any industry self-regulatory rules or guidelines that relate to a party’s obligations under this Agreement.
- “Network” means a group of publishers, Ad networks, Ad exchanges, and other Ad inventory sources that OnlineSales has partnered with to provide the Services.
- “Platform” or “OnlineSales Platform” means any application including but not limited to OnlineSales website, platform, dashboard, and tools that Client has access to through the Service in order to create, launch, monitor, pause, and stop an Ad campaign.
- “Service or Services” means any OnlineSales offering (including various plans and packages introduced from time to time) that Client agrees to receive, subject to this Agreement and mutually agreed upon addendums, and, if applicable, in an Insertion Order.
- “Fees” means the amount you pay for the Service.
- “Third-Party Products” means non-embedded products and professional Services that are provided by third parties which interoperate with or are used in connection with the Service under this agreement.
- “Technology” means the OnlineSales proprietary technology that allows OnlineSales to provide the Services, including the OnlineSales pixel (or other script or code), the SDK, or other mutually agreed upon means.
2. THE ONLINESALES SERVICE
2.1 The Services
OnlineSales Platform is an interactive marketing tool for digital media marketing, social media and advertising management, ads analytics, and ads optimization. Client may choose to receive any combination of services available by indicating the same through the Platform or, if applicable, in an Insertion Order.
2.2 Pricing
The client will be charged 5% of ad spending. The desired ad spends will be collected on pre-paid basis using a local payment gateway. 5% commission on ad spends will be deducted before starting the campaigns.
2.3 Modifications to the fees
We may change our Fees, plans or packages, and will provide you with thirty(30) days’ notice to the e-mail address on file with us when we do so. If you fail to cancel your subscription within this period, you agree that we may charge the new fees.
3. Applicable Law:
This Agreement shall be governed by the laws of India. Any disputes under this Agreement shall be submitted to the jurisdiction of the Courts in Mumbai, India. OnlineSales's rights granted hereby are cumulative and in addition to any rights it may have at law or equity.
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