INTRODUCTION
1.1 The following terms and conditions set out the basis on which Make Clip Path Services, is prepared to supply clipping path generation, our services:
1. Remove Background
2. Photo Retouching
3. Neck Joint/Ghost Mannequin
4. Raster to Vector Image
5. E-commerce Photo
6. Shadow Creation
7. Color Correction
8. Photo Masking
As advertised from time to time, (“the Services”), to the purchaser, (“You”, “Your”), via our website at www.clippathservices.com/ (“the Site”).
1.2 We reserve the right to periodically change these terms and conditions as we see fit. Any such modifications shall take effect 30 days after their initial posting on the website.
1.3 To the exclusion of all other terms, these terms and conditions and the contents of any Order you submit constitute the entire agreement between you and us with respect to each Order we accept from you.
1.4 You agree to be bound by these terms and conditions by using the Site, signing up for an account, or submitting an order.
1.5 You acknowledge that you have not relied on any statement, warranty, or representation other than those contained in these terms and conditions by submitting any Order.
1.6 While we make every effort to ensure the accuracy of the information on the Site, we do reserve the right to modify and update its contents at any time. Every piece of information on the Site is offered \\\”as is,\\\” so you should always do your own research before relying on it.
2 THE SERVICE
2.1 We will provide the Service in accordance with the following plan in exchange for Your payment of the Service\\\’s price:
2.1.1 You must create and submit to Us a graphics file or files, in JPEG format up to 5MB each, or in a file or files in ZIP or any other common compressed archive file format up to 50MB each, using the tools made available to You on the Site (the use of which is entirely at your own risk). You must also submit a detailed description of the specific Services required, along with any special instructions, using the JOB TICKET facility on the Site.
2.1.2 We will review each Order upon receipt to ensure that it complies with our standards as well as our ability to carry it out. Then, we\\\’ll send you an email to confirm that the Order has been accepted and, as necessary, to confirm with you the agreed-upon price and the necessary payment terms;
2.1.3 Following the Order\\\’s acceptance, We will use all commercially reasonable efforts and industry-recognized graphics editing software to carry out the Services.
2.1.4 When Your Order is finished and the results are available for download from the Site, We will send You an email to let You know;
2.1.5 If credit or debit card payment has not been made in advance, We shall be entitled to invoice You for the price payable for the Order upon delivery of the clipping path. You shall pay the price in full, within days of the date on the invoice, or in accordance with the payment terms agreed upon with You at the time the order was accepted.
2.2 Each Order that You submit is subject to Our acceptance, which We may withhold in our sole discretion.
2.3 You have the right to revoke any Order before We notify You That It Has Been Accepted, and We Will Immediately Refund Any Advance Payment You Have Made For That Order. However, once We have notified you that your order has been accepted, you are unable to cancel it because the Service will already be being provided in relation to that order.
2.4 Any delivery dates indicated on the Site or in Our acceptance of any Order are only estimates. We won\\\’t be held responsible for service delivery delays brought on by events beyond our control.
2.5 Any increase in the cost to Us may result in an immediate change to any standard prices listed on the Site. If there is a price increase, we will make a reasonable effort to notify you before accepting your next order.
2.6 We will notify the appropriate authorities of any person using or attempting to use a card without apparent authority in order to protect legitimate credit card owners from fraud.
3 WARRANTY AND LIABILITY
3.1 You guarantee that all information you give Us in order to purchase the Service is accurate, that any credit or debit card or electronic cash you use to pay for an Order belongs to You, and that you have access to sufficient funds or credit to pay for the Services. Before offering You the Service, We Reserve the Right to Obtain Validation of Your Credit or Debit Card Information.
3.2 Each clipping path we create for You in accordance with these terms and conditions is guaranteed to be in material compliance with the Order. If any clipping path created by Us in accordance with these terms and conditions is shown to be flawed to our reasonable satisfaction, We will repeat the Services and create and deliver to You an alternative clipping path that fully complies with the Order at no additional cost. This remedy is provided subject to the condition that the defect was brought on by Our default and is Your only recourse for a violation of the warranty stated above. We accept no responsibility for any order defects or other defects that may have resulted from our reliance on your work.
3.3 You must notify Us of any claim based on a quality defect in any services provided in accordance with these terms and conditions within 10 days of delivery; otherwise, You will be deemed to have accepted the Services as having been provided in accordance with the Order.
3.4 We promise to make every effort to keep the Site accessible at all times. We cannot, however, promise that the Site will run without interruption or without errors. As a result, we are unable to assume responsibility for any Site malfunctions or unavailability.
3.5 We are not responsible to You for any loss or damage to data, revenue, goodwill, anticipated savings, indirect or consequential loss or damage, loss of profit, loss of anticipated profits, loss of data, loss of data, or any other indirect or consequential loss or damage.
3.6 Under no circumstances shall Our total aggregate liability to You with respect to any Order exceed the amount paid to Us with respect to that Order. Nothing in these terms and conditions shall be interpreted as excluding or restricting Our liability for negligence-related death or personal injury or fraud liability
4 INTELLECTUAL PROPERTY
4.1 You guarantee and represent that You have the right to send Us Orders and all associated graphics files. By submitting graphics files as part of an order, you agree to hold Us harmless and indemnify Us from any claims that our use of those files violates the intellectual property rights of others. This includes any loss, damage, claims, demands, actions, costs, charges, expenses, and liabilities of any kind.
4.2 The use of the phrase \\\”MAKE STUFF HAPPEN\\\” without Our prior written consent is prohibited as it is a trademark of Make Stuff Happen Ltd. The owners of all other trademarks appearing on the Site are the rightful owners of those marks.
5 SECURITY
5.1 You understand that you are in charge of safeguarding your computer system, hardware, software, and data as well as those of any third parties who may gain access to or otherwise be associated with your computer system. As a result, You agree to take full responsibility for checking all emails, programs, and other data downloaded or otherwise obtained from the Site or Us to ensure that they are free of malware such as Trojans, worms, and viruses before using them.
5.2 We make reasonable efforts to prevent unauthorized parties from gaining access to data that is electronically transmitted to or by Us via the Site. We cannot, however, guarantee that such access will not occur. As a result, You agree to the possibility that information sent electronically by Us or to Us via the Site may be accessed by uninvited parties.
5.3 We use \\\”cookies\\\” to recognize repeat visitors to the Site, personalize their experience by creating webpages just for them, and collect user information that enables us to deliver the Service and meet our contractual obligations to clients.
6 CONFIDENTIALITY
6.1 Each party acknowledges that the other party may disclose to them information of a confidential nature (including trade secrets and information of commercial value) in accordance with these terms and conditions.
7 GENERAL
7.1 Without your permission, we will never disclose any information about you to another business. For the purpose of completing Your Orders, we will use the information we have collected from You.
7.2 You are not allowed to transfer or assign any of your rights or responsibilities under these terms and conditions to a third party.
7.3 If any term or portion of a term in these terms and conditions is determined by any court of competent jurisdiction to be unlawful, void, null, or otherwise unenforceable for any reason, then that term or portion of a term shall be deemed to have been deleted. The rest of these terms and conditions will remain in effect.
7.4 When a party fails to fulfill one of their obligations under these terms and conditions because of events beyond that party\\\’s reasonable control, that party is not responsible to the other.
7.5 Neither party\\\’s waiver of a breach of any provision of these terms and conditions by the other party shall be construed as a waiver of any subsequent breach of that or any other provision.
7.6 This agreement\\\’s terms are not enforceable by a third party in accordance with the Contracts (Rights of Third Parties Act) of 1999. Any right or remedy that a person may have that is not provided for by that Act is unaffected by this clause. [THIS ACT IS A STATUTE THAT ALLOWS PEOPLE WHO ARE NOT NAMED AS PARTIES TO AN AGREEMENT TO ENFORCE RIGHTS THEY MAY HAVE UNDER THE AGREEMENT IN CERTAIN SITUATIONS. WE RECOMMEND THAT THE ACT IS EXPRESSLY OUSTED. I HAVE REPLACED THE ORIGINAL WORDING WITH SOME EASIER TO UNDERSTAND WORDING]
7.7 Bangladeshi law shall govern these terms and conditions, and You hereby consent to the non-exclusive jurisdiction of the courts of Bangladesh.