PLEASE READ THE FOLLOWING TERMS CONDITIONS STATMENTS CAREFULLY BEFORE USING THE PERFORMXCEL SOFTWARE SERVICE
The following Terms of Service (TOS) apply to User's use or access of any resources, services, or information on the https://www.performxcel.com website. MINDGEEKS TECH LLP is herein after known as "Provider". Please read all of the following terms fully and carefully before using this website or any website or service owned and operated by Provider. All information and/or Content (as defined solely in these Terms) on the Provider's web sites (including, but not limited to the design, layout, organization, and the underlying source code, which herein may be referred to as "Site") may be used solely under the following Terms.
User must accept the terms of this Agreement, including the terms of Provider's Privacy Policy located on the Internet at Privacy-Policy ("Privacy Policy") before using our services or websites or accessing or using the services and websites. By checking the "ACCEPT" checkbox on the free trial or ordering screen on our website, or by downloading, copying, or otherwise using our Websites or Services, You are indicating that You have read and understood, and that You assent to be bound by, the terms of this Agreement. If You do not agree to the terms of the Agreement, You are not granted any rights whatsoever to access our services or websites and must immediately exit our website and discontinue any use of our services.
The terms contained in this agreement may be changed at any time by Provider, at its sole discretion, without notice. Use of the Site subsequent to any change constitutes User's acceptance of the change. You are advised to read these Terms every time You access our website or services for any changes to these Terms.
If You requested a 14-day Free Trial of any Service Provider product or service, you will receive 14 days of service at no charge, beginning on the same day you requested the free trial. On the 15th day, at mindnight Pacific Time, you will automatically be billed for the plan you requested when signing up. If you chose a monthly payment plan, you will continue to be billed each month on the same day as the first charge was posted (i.e., if first charge was posted on the 25th, any future charges will be billed to your credit card on the 25th of each subsequent month. If you were first billed on the 29th, 30th, or 31st, you will be billed each month on the 28th). Only one free trial is allowed per customer or company. If you sign up for a new free trial after having already received one in the past, your credit card will immediately be billed for one month's membership and will continue to be billed until a cancellation request is received per the terms in this agreement.
A single MINDGEEKS TECH LLP account may be used with an unlimited number of ad networks, domains, campaigns, trackers, or URLs. However, each user account (or sub-account, in the case of an agency/manager account configuration) may only be connected to a single Google AdWords customer ID number at one time. Additionally, each user account is strictly limited to 30,000 incoming clicks per month. If your account exceeds this limit, you will automatically be charged an additional $10.00 USD which will add an additional 30,000 available clicks to your account. For each subsequent 30,000 clicks, an additional $15 will be charged to your account.
Client agrees to the pricing terms and authorizes Service Provider to charge any recurring fees either by auto charge or auto debit.
For accounts which go beyond 15 days past due, we reserve the right to deactivate services. If you choose to restart your MINDGEEKS TECH LLP service after a deactivation has occured, we may charge a reactivation fee of $31 along with any past due amounts. For any amounts more than thirty (60) days overdue, you will be responsible for paying any collection costs incurred (including reasonable attorneys' fees) with respect to the amount of any past due fees, as well as remaining fees due in the contract terms.
At any time, for any reason, you may request cancellation of your MINDGEEKS TECH LLP account by using our Support Request Form.
Your account will remain active and charges will continue to accrue to your account until we receive your request to cancel. MINDGEEKS TECH LLP is a membership service and the base monthly charge is not based upon usage levels. Deleting your campaigns, removing our tracking link from your MINDGEEKS ads, discontinuing use of MINDGEEKS TECH's website or software, and/or lack of usage, are not acceptable grounds for cancellation or refund and will NOT result in automatic account cancellation. You will still be responsible for any charges accrued until you formally cancel using our support form, regardless of your level of account usage.
If you signed up for a free trial of Provider's service, and you wish to cancel and avoid being charged, you must formally request cancellation using our Support Request Form. Failing to cancel by the last day of your trial will result in an automatic charge for your first monthly dues on the 15th day at midnight. If you did not choose a payment plan, you will automatically be assigned to our basic plan, which is currently $35.67 per month.
Per our privacy policy, data from cancelled or terminated accounts will deleted immediately and cannot be retrieved. Please be sure to export all data you wish to save before cancelling your account or save the data prior to your termination date. Also, it is your responsibility to remove any MINDGEEKS TECH LLP tracking URLs from your ads or campaigns at services such as Bing, Facebook, and Google upon account termination. These tracking URLs will become non-functional upon account termination. Please remove these tracking URLs prior to cancellation to ensure no interruption in your ad serving. MINDGEEKS TECH LLP is not reponsible for any errors or improper redirections caused by our tracking links. You are responsible for ensuring that your ads point to a proper, working URL.
We will send written notice to the email address on record if your credit card is declined. We may also follow-up by phone or postal mail.
Cancelling your credit card, allowing it to expire, a declined charge, or requesting a refund through your credit card company (also known as a chargeback) will not automatically result in a cancellation of your service. Additionally, you will still be legally responsible for any amounts due to MINDGEEKS TECH LLP. You will remain responsible for paying the monthly, quarterly, or yearly charge (depending on the payment plan you chose), which will accrue to your account, until we receive a formal cancellation notice by mail.
Any amounts paid and any charges already accrued to your account are NON-REFUNDABLE. Subscriptions to MINDGEEKS TECH LLP are always pre-paid. Any requests for cancellation during the middle of a payment cycle (month, quarter, or year depending on the payment plan you chose) will be made effective on the last day of the current payment cycle. Provider does not pro-rate refunds or provide partial payback for unused services.
Provider's staff may need to access your MINDGEEKS TECH LLP or AdWords account in order to perform maintenance, install updates, or provide support. You agree that Provider is allowed to access your account at any time, with or without notice, and make changes to your settings if necessary. We always make our best effort to contact you to notify you of any changes that need to be made.
Additionally, we reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to terminate your account at any time. It is your responsibility to back up your data and redirect any URLs pointing to our servers or systems to a different address before the termination deadline expires. You will not be charged any new fees from the date of termination. However, you will still be responsible to pay any past-due fees owed to MINDGEEKS TECH LLP. No refunds will be issued for unused service on terminated accounts.
Service Provider grants Client a single user, non-exclusive, revocable, worldwide, non-transferable license during the Term to use Service Provider's products, tools, and modules which Client has ordered or which have been developed by Service Provider for Client only on Service Provider's server. All such licenses shall terminate at the end of the Term, the cancellation of the license or upon the Service Provider's cancellation of the services to Client, whichever occurs first. Client shall not under any circumstances resell, distribute or allow any other company, entity or person to use any of Service Provider's products, modules, tools, scripts, graphics, text, database/programming code and object/source code or data attained by or through Service Provider without Service Provider's written consent. As between Client and Service Provider, the parties agree that Service Provider shall own and retain all intellectual property rights, copyrights, patents and all rights, title and interest in and to all of the products, modules tools, scripts, graphics, text, database/programming code and object or source codes, provided or supplied by Service Provider that are displayed on Client's Website or used in the development or the maintenance of Client's Website, aside from those items which client will own as noted above. Client further acknowledges and agrees that all of Service Provider's Products, whether confidential or not, are subject to the copyright and trademark laws of the INDIA, and Client agrees not to infringe on any of those rights.
By using the Site or any of Service Provider's Services, You agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Service Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Service Provider makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Service Provider or through or from the service shall create any warranty not expressly stated in this Agreement.
NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY STATED OR IMPLIED HEREIN, IN NO EVENT AND UNDER NO THEORY OF LIABILITY SHALL SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, OR EMPLOYEES OR ANY AFFILIATE OF SERVICE PROVIDER THEREOF BE LIABLE TO THE OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING PUNITIVE DAMAGES) ARISING FROM THIS AGREEMENT, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, SUCH AS, BUT NOT LIMITED TO (i) USER'S USE OR INABILITY TO USE SERVICE PROVIDERS WEBSITES OR SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF SERVICE PROVIDER'S WEBSITED OR SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE PROVIDER'S WEBSITES OR SERVICES, OR (vi) ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVIOCE PROVIDERS WEBSITES OR SERVICES (vii) LOSS OF REVENUE, (viii) LOSS OF TECHNOLOGY, (ix) LOSS OF DATA, (x) LOSS OF USE OF SERVICE OR EQUIPMENT, (xi) LOSS DUE TO COMPUTER VIRUS, (xii) OR LOSS OF ANTICIPATED PROFITS OR (xiii) LOST BUSINESS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT AND UNDER NO LEGAL THEORY WILL SERVICE PROVIDER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY CLIENT TO SERVICE PROVIDER DURING THE LAST SIX MONTHS. SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
Client agrees to indemnify, defend, and hold Service Provider, its officers, directors, agents, affiliates and employees harmless against any third party claim, action, suit or proceeding (i) alleging any breach of the covenants contained in this Agreement, the Terms of Use or the Privacy Policy, or (ii) arising from errors or inaccuracies in the Content of the Client's Website, or (iii) the unavailability or uninterrupted use of Service Provider's websites or any of Service Provider's services, or any portion thereof, or (iv) defects, viruses, worms, or any other harmful components on Service Provider's websites or the server that maintains Service Provider's services.
Client shall indemnify Service Provider, its officers, directors, employees or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs (including all legal costs) incurred by Service Provider as a result of a judgment entered against Service Provider in any such claim, action, suit or proceeding. Client's obligations under this Section are conditioned upon Service Provider: (a) giving the Client prompt written notice of any claim, action, suit or proceeding for which Service Provider is seeking indemnity; and (b) reasonably cooperating with Client at Client's expense.
All services provided by MINDGEEKS TECH LLP may only be used for lawful purposes. You may only use MINDGEEKS TECH LLP's services to link to lawful websites (based upon local, state, federal and international laws). You may not use MINDGEEKS TECH LLP to monitor or secure any URL which links to any website containing illegal content. Use of our services to infringe upon any copyright or trademark is also strictly prohibited. You may not use MINDGEEKS TECH LLP to link to, monitor, or protect URLs that lead to certain types of content, including: Pornographic material or explicit adult content, warez/illegal software distribution websites, hacker-focused content, phishing/scamming websites, or any website which promotes violence, obscenity, or contains abusive or defamatory content. You may not use MINDGEEKS TECH LLP to circumvent the rules or standards of Bing Ads, Google AdWords, or other major online advertising services. You may not use MINDGEEKS TECH LLP to redirect clicks to a destination URL or domain different than that shown in the advertisement which generated the click. MINDGEEKS TECH LLP reserves the right to refuse service to anyone, at any time. If your account has been used for any of the aforementioned activities, we may deactivate or delete your account with or without notice.
This Agreement will be governed and enforced in accordance with the laws of the State of New Delhi, INDIA without giving effect to principles of conflict of laws. Both parties agree to submit to exclusive jurisdiction in New Delhi state, INDIA with respect to this Agreement and further agree that any cause of action relating to this Agreement shall be brought and maintained in a court in New Delhi, INDIA.
Except for the obligations to make payments, neither party shall be liable to the other or any third person for any delay or default in performing its obligations hereunder if such delay or default is caused by force majeure, such as wars or insurrections, riots, acts of government, strikes, work stoppages, labor troubles, fire, explosion, earthquake, flood, embargoes and/or inability to obtain materials, acts of God or other cause outside the reasonable control of either party.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Client may not assign this Agreement without the written consent of Service Provider. Service Provider's rights and obligations will bind and inure to the benefit of its respective successors and assigns.
The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. Personnel supplied by Service Provider shall work exclusively for Service Provider and shall not, for any purpose, be considered employees or agents of Client.
This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein. Where there is a conflict between this Agreement and the Terms of Use and/or the Pricing/Product Agreement, this Agreement shall be controlling.