It is required that you read and agree to these Terms and Conditions before becoming an Independent Reseller of WebConnect Private Limited. By becoming an Independent Reseller, You agree to be bound by these Terms and Conditions. This Agreement does not imply or create a partnership between the Independent Reseller and WebConnect Private Limited Definitions.
Referring Customer, Salesperson, Webmaster, Affiliate, Sponsor, my, You and I
An independent person or entity wishing to promote the services of WebConnect Private Limited.
Independent Reseller
An independent person or entity wishing to promote the services of WebConnect Private Limited.
Independent Contractor
A Independent Reseller/Salesperson who is accepted by WebConnect Private Limited pursuant to the terms and conditions of this Agreement and who shall be considered wholly independent of WebConnect Private Limited for tax and liability purposes.
Independent Reseller Agreement
The agreement between the Independent Reseller and WebConnect Private Limited, which shall not be construed or interpreted to create an agency, partnership, joint venture, respondent-superior, employer-employee or any other relationship other than defined in these Terms and Conditions.
Applicant Warranties, Guarantees and Representations Independent Reseller/Webmaster represents, warrants and guarantees as follows:
- I am 18 years of age or over the age of majority in my jurisdiction and will submit proof of my age if requested.
- I am entering this Independent Reseller Agreement as an Independent Contractor. I am not a citizen of India as the affiliate program is not open for Indian residents.
- I am not a partner, agent, employee, broker, salesperson, salesman, saleswoman, shareholder or in any business relationship with WebConnect Private Limited other than that of an Independent Contractor and will make no representations to any third party that contradict this fact.
- I am solely responsible for selecting and providing any and all content, material, products, and/or services for my marketing efforts to promote the services of WebConnect Private Limited.
- The content, images, design, URL/Domain, text and domains on my promotion pages do not infringe on the rights of others including, but not limited to, copyrights, patents, trademarks, domain names and any other intellectual property rights of others. I will take prior permission to use portfolio as available on official site www.smartinfosys.net and other network sites (www.yourseopick.com / www.yoursmarthost.com / www.yourdesignpick.com) of WebConnect Private Limited.
- I will not publish or use any pornographic or obscene material of any kind to promote WebConnect Private Limited.
- I will not use SPAM or UNSOLICITED BULK EMAILS to promote WebConnect Private Limited.
- I am not using, supplying, publishing or transferring, in any way, programs, files, data, viruses, worms, e-mail acquisition programs, “Trojan” viruses or any other monitoring or destruction program on the pages I use to promote the sites of WebConnect Private Limited or directly to members of the sites of WebConnect Private Limited.
- Failure of WebConnect Private Limited to require compliance with the terms of this contract or act upon perceived breaches by Independent Reseller does not constitute a waiver of the rights, claims and remedies available to WebConnect Private Limited.
Consideration for Agreement
Commissions and Payments.
- The Independent Reseller is responsible for setting up their own pricing for the WebConnect Private Limited products sold to their clients. WebConnect Private Limited will provide the reseller a list of retail rates and quotes can be given for services that don’t fit within the standard package options. Standard packages are available on our ecommerce sites; www.yoursmarthost.com , www.yourseopick.com, and www.yourdesignpick.com . The independent reseller will be entitled for 10% extra discount other than the discounts being offered as discount coupons to end customers. The commission will be credited to reseller’s account and paid to reseller on request once the balance reaches above 100 USD. The independent reseller will get payment in 7 working days through preferred payment channel (Paypal/Skrill/Western Union.) The commission will not be applicable for the services availed for reseller’s own website/firm.
- Modified Retail Rates: WebConnect Private Limited retail rates are subject to change from time to time, without notice upon posting on WebConnect Private Limited.
- Modified Services: WebConnect Private Limited reserves the right, in its sole and exclusive discretion, to alter or modify our Services at any time including the method and terms of all payment benefits to Independent Reseller. Any changes posted shall be binding upon all affiliates, including Independent Reseller, immediately upon posting the changes. It shall be Independent Reseller’s sole obligation to check the WebConnect Private Limited site or members area to determine if there have been any changes to the Services.
- Time and Method of Payment: It is the reseller’s responsibility to collect all payments from their clients. It is the reseller’s responsibility to ensure that all payments are collected and submitted to WebConnect Private Limited at the agreed upon time.
- Website and Creative Design Sales(Custom Quote/Price): For custom design and coding quotes, WebConnect Private Limited must receive 50% of the cost of services upfront before any services are rendered and the other 50% is due once the project is displayed on test server and ready to be handed over to the client. This is applicable to design and coding services for which custom quote is provided.
- Marketing Sales: WebConnect Private Limited must receive 100% of the cost of the services upfront before any digital marketing services/SEO are rendered irrespective of the fact that it is a custom quote or purchased through ecommerce site www.yourseopick.com.
- Yourdesignpick.com Sales: WebConnect Private Limited must receive 100% of the cost of the services upfront for any package purchased on www.yourdesignpick.com.
- Hosting Services: WebConnect Private Limited must receive 100% of the cost of the hosting services upfront before any services are rendered. The hosting packages are available on www.yoursmarthost.com.
- Project Management System: It is reseller’s responsibility to arrange project management system if reseller wants WebConnect Private Limited to directly coordinate with clients. Reseller can also get white-labelled project management system (copy of www.smartinfosys.in) hosted on virtual private server of WebConnect Private Limited, for a yearly fee of 500 USD. The white-labelled project management system would enable reseller to manage clients and projects on it and would also enable WebConnect Private Limited to directly communicate with clients of reseller without disclosing identity of itself.
Term and Termination of the Agreement
Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Notice sent to the email address submitted by Independent Reseller is considered sufficient notice to terminate this Agreement. You may send a notice of termination to WebConnect Private Limited at sales@smartinfosys.net.
Miscellaneous Provisions
- Disclaimers: WebConnect Private Limited shall not be liable for any damages (indirect, special, or consequential) or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, or due to any mistakes, omissions, delays, errors, interruptions in the transmission or receipt of WebConnect Private Limited’ services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTM L. Further, the aggregate liability arising with respect to this Agreement and the Program of WebConnect Private Limited shall not exceed the total Commissions paid or payable to Independent Reseller under this Agreement. WebConnect Private Limited makes no representations or express or implied warranties with respect to the program, any service or items sold (including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement or any implied warranties arising out of the course of performance, dealing or trade usage.) In addition, we make no representation the operation of our website will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
- Contact: Any and all questions regarding these Terms and Conditions Please Contact Us.
- Acceptance of Terms and Conditions: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WEBCONNECT PRIVATE LIMITED. BY SIGNING THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS INDEPENDENT RESELLER AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF OUR RESELLER PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
