Terms & Conditions
Terms and Conditions
These Terms and Conditions (“Terms”) constitute an agreement between Navguide Solutions LLP (“we,” “us,” or “our”) and our clients (“you” or “your”) who engage our services. By subscribing to our application, you acknowledge and accept the following terms:
- Booking and Payment:
1.1. To secure a subscription, you must pay the required amount as specified in your contract (online quote). The remaining balance is due on or before expiry of the license.
1.1.1. Confirmation: Your subscription is considered confirmed when you receive a subscription confirmation notice from us. It is via the subscription system backed by an email.
1.1.2. A subscription is non-refundable and is due at the time of subscription to reserve our services for your specified duration. The amount and payment method will be outlined in your subscription confirmation.
1.1.3. The free partial version with an LSA-FFA section open is available for 15 days to 30 days on FOC (free of charge) basis to evaluate the product prior to subscription.
1.1.4. Payment Methods: We accept payment by instamojo gateway, UPI, PayPal and bank transfer only. Details on how to make payments will be provided in your subscription confirmation page.
1.2. The prices for our subscribed services are detailed in your online contract, and they include the costs of the applicable period only, extra services as well as any additional products or services you choose are extra.
1.3. Extra expenses viz. customizations required, UI / UX changes required etc have to be borne by you and payable as and when required / requested.
1.3.1. Taxes: All applicable taxes will be added to the final invoice in accordance with local regulations / regulations of the Government of India.
1.4. Each subscription slot corresponds to a specified tenure only, every part thereof is considered an extra slot and payable accordingly.
1.4.1. Client Responsibilities: It is the client’s responsibility to ensure that payment is made in a timely manner and that all financial transactions are completed as agreed upon.
1.4.2. Late Payments: In the event of late payments, we reserve the right to charge a late payment fee or to cancel the subscription.
1.4.3. Payment Disputes: Any disputes regarding payments should be communicated to us within seven [7 days] of the invoice date. We will work with you to resolve the matter in a fair and timely manner.
1.4.4. Liability: Navguide Solutions LLP is not liable for any financial losses or issues arising from payment processing, currency conversion, or other financial transactions beyond its control.
1.4.5. Invoicing: Invoices will be provided for all payments made. Please keep a copy of the invoice for your records.
1.4.6. Change of Terms: Navguide Solutions LLP reserves the right to change the terms and conditions related to subscription and payments. Any changes will be communicated to clients in a timely manner.
- Cancellation and Refund:
2.1. If you need to cancel a subscription, please provide a minimum of thirty [30] days’ notice, from the date of starting of the same.
2.1.1. Cancellation Fees: A Cancellation fee of [10% of the total billing amount] may be applied for requests made within 30 days of the start date. This fee compensates for the adjustments and potential loss of other subscriptions.
2.1.2. Availability: Cancellation is subject to the availability of our staff and relevant working days. We will make every effort to find a suitable solution to your request ASAP.
2.1.3. Client Responsibilities: It is the client’s responsibility to communicate any changes or cancellations as early as possible. Failure to do so may result in the forfeiture of the fees.
2.2. Refund Policy: In the event of a cancellation beyond 30 days, the subscription is non-refundable.
2.3. Advance Deposit: The initial advance deposit (if any) is non-refundable. It is required to secure your subscription and compensate for the time and resources reserved for the same.
2.4. Change of Terms: Navguide Solutions LLP reserves the right to change the terms and conditions related to cancellation and rescheduling. Any changes will be communicated to clients in a timely manner.
2.4.1. Cancellation at Navguide Solutions LLP end: For any reason whatsoever if Navguide Solutions LLP has to cancel the subscription, the amount so far paid shall be refunded (without interest).
2.4.2. Force Majeure: Navguide Solutions LLP is not liable for cancellations or similar issues due to unforeseeable circumstances such as acts of nature, illness, or other unavoidable emergencies. In such cases, we will work with you to reschedule or reinstate as appropriate.
2.4.3. Refund Processing: In the case of approved refunds, please allow [2 weeks] for the refund to be processed and returned to the original payment method.
- Copyright and Usage Rights:
3.1. All photographs and materials contained in the application/s are protected by copyright laws. We retain the exclusive copyright and ownership rights.
3.1.1. Copyright Ownership: All materials, including photographs, images, videos, and other content, created by Navguide Solutions LLP are protected by copyright law. Navguide Solutions retains exclusive copyright ownership of all materials.
3.2. Clients are granted limited usage rights for their photographs, videos and content for referral purposes only. Usage rights do not include commercial use or resale of the images without our written consent.
3.2.1. Client Usage Rights: Upon receipt of the final deliverables, the client is granted usage rights for the specified purposes of referral only, which may include personal and/or organizational use. Any usage beyond the agreed-upon terms requires separate written consent from us.
3.2.2. Non-Commercial Use: Unless otherwise specified, client usage rights typically cover non-commercial use of non-functional pages, including personal social media sharing, personal albums, personal websites, and personal printed materials.
3.2.3. Commercial Use: If the client intends to use the materials for commercial purposes, such as advertising, marketing, or revenue-generating activities, separate agreements and licensing arrangements must be made with us.
3.3. Modifications and Alterations: The client is not permitted to alter, modify, or manipulate the materials provided by us without prior written consent. This includes cropping, retouching, or any other form of editing.
3.4. Attribution: The client agrees to provide proper attribution or credit when using the materials in accordance with the agreement and as specified by us. This includes crediting Navguide Solutions LLP when required.
3.5. Exclusivity: Unless otherwise agreed upon, Navguide Solutions LLP reserves the right to use the materials for self-promotion, portfolio development, and marketing purposes.
- Model Releases (Organizational Uploaded content):
4.1. Model is any person, living being, location, or material inclusive of parts or whole of a ship. Clients are responsible for obtaining model releases for any person, property, or subject introduced into the application. We are not liable for any legal issues or disputes arising from the client’s failure to obtain necessary releases.
4.1.1. Purpose of the Model Release: This Model Release (the “Release”) is a legal document that allows Navguide Solutions LLP to use the likeness, image, and photographs of the model (the “Model”) for specified purposes and in accordance with the agreed terms and conditions.
4.1.2. Consent: By signing this Release, the Model consents to having their likeness, image, and photographs uploaded on the application of Navguide Solutions LLP for the specified purposes outlined in the agreement between the Model and Navguide Solutions LLP.
4.1.3. Scope of Usage: The Model agrees that Navguide Solutions LLP may use the photographs in the following ways:
- Advertising and promotional materials for Navguide Solutions LLP, including but not limited to brochures, websites, social media, and other marketing materials.
- Display in the portfolio, both online and offline.
- Editorial use in magazines, newspapers, blogs, and other media.
- Any other lawful purposes agreed upon between the Model and Navguide Solutions LLP.
4.1.4. Release of Liability: Navguide Solutions LLP is released from any and all claims, demands, actions, or causes of action that the Model may have against Navguide Solutions LLP, including but not limited to any claims for defamation, invasion of privacy, or infringement of any personal or property rights.
4.1.5. Compensation: Compensation for the Model’s participation, if any, will be specified in a separate agreement or contract between client & model.
4.1.6. Copyright Ownership: The copyright of all photographs taken remains the property of Navguide Solutions LLP.
4.1.7. Duration: This Release is valid indefinitely unless otherwise specified in a separate agreement or until the Model revokes the release in writing.
4.1.8. Revocation: The Model may revoke this Release in writing at any time. Any photographs or content used before the revocation are still subject to the terms of this Release.
4.1.9. Legal Capacity: The Model represents that they have the legal capacity to sign this Release.
4.1.10. Governing Law: This Release is governed by and construed in accordance with the laws of Kolkata, India and any legal disputes will be resolved in the courts of Kolkata, West Bengal, India.
- Deliverables:
5.1. The delivery timeline for your content or digital files will be specified in your contract. We strive to meet these timelines, but we are not liable for delays caused by unforeseen circumstances.
5.1.1. Scope of Deliverables: Navguide Solutions LLP will deliver the products and services to the Client (the “Client”) as outlined in the agreement or contract between the parties.
5.1.2. Delivery Timeline: Navguide Solutions LLP will make every reasonable effort to deliver the agreed-upon applications and services within the specified timeline as outlined in the agreement. However, unforeseen circumstances may arise that could affect the delivery schedule, in which case Navguide Solutions LLP will communicate any changes promptly.
5.1.3. Product Specifications: Navguide Solutions will deliver the products and services in accordance with the specifications and descriptions agreed upon by both parties. Any additional requests or modifications to the original agreement may result in additional charges.
5.1.4. Quality Assurance: Navguide Solutions is committed to delivering high-quality products and services. The deliverables will meet industry standards and reflect the expertise and professionalism of Navguide Solutions LLP.
5.1.5. Client Approval: The Client is responsible for reviewing the deliverables upon receipt and notifying Navguide Solutions of any concerns or discrepancies within a reasonable timeframe.
5.1.6. Revisions: Navguide Solutions may provide a specific number of revision rounds, as outlined in the agreement, to ensure the Client’s satisfaction. Additional revisions beyond the agreed-upon number may be subject to extra charges.
5.1.7. Copyright Ownership: Navguide Solutions retains the exclusive copyright ownership of all materials, including photographs, images, and any other content created as part of the deliverables.
5.1.8. Client Usage Rights: The Client is granted limited usage rights for the deliverables, as specified in the separate agreement. Any usage beyond the agreed-upon terms will require written consent from Navguide Solutions.
5.1.9. Non-Transferability: The rights to the deliverables are non-transferable and may not be assigned or sublicensed without the prior written consent of Navguide Solutions.
5.1.10. Client Satisfaction: Navguide Solutions is dedicated to ensuring the Client’s satisfaction with the deliverables. Open communication and collaboration between both parties are encouraged to achieve the best possible outcome.
5.1.11. Liability: Navguide Solutions is not liable for any damages or losses incurred by the Client as a result of the use or misuse of the deliverables after delivery.
5.1.12. Amendments: Any amendments or modifications to the deliverables terms and conditions must be made in writing and agreed upon by both parties.
- Payment Disputes:
6.1. If you dispute any charges or payments, you must notify us within two [2] days of receiving the invoice. Failure to do so may result in your dispute not being considered.
6.1.1. Payment Disputes: In the event of a payment dispute, the Client is required to communicate their concerns in writing to Navguide Solutions within 2 days from the date of the invoice or the occurrence of the dispute.
6.2. Payment Obligations: The Client agrees to fulfill all payment obligations as outlined in the agreement or contract with Navguide Solutions LLP. Any deviations or disputes regarding payments should be resolved in accordance with the terms and conditions specified herein.
6.3. Dispute Resolution: Navguide Solutions is committed to resolving payment disputes promptly and fairly.
6.3.1. Client Notification: The Client must provide written notice of the dispute, specifying the reasons for the dispute and any relevant supporting documentation.
6.3.2. Investigation: Navguide Solutions will investigate the dispute and attempt to reach an amicable resolution within [4 weeks] from the date of receiving the dispute notification.
6.3.3. Resolution: If a resolution is reached, Navguide Solutions will provide written confirmation of the resolution terms, including any adjustments or refunds, if applicable.
6.3.4. Arbitration or Legal Action: If a satisfactory resolution cannot be achieved through the internal dispute resolution process, either party may choose to pursue arbitration or legal action as provided for under the laws of West Bengal, India Jurisdiction.
6.4. Late Payment Fee: In the event of late payments, Navguide Solutions reserves the right to charge a late payment fee, as specified in the agreement, to compensate for administrative costs and potential loss of revenue.
6.5. Chargebacks: The Client agrees that chargebacks initiated without valid reason and prior communication may result in additional fees and legal action.
6.6. Taxes and Fees: All applicable taxes, including GST, sales and use taxes, will be added to the final invoice in accordance with local regulations.
6.7. Governing Law: This Payment Disputes section is governed by and construed in accordance with the laws of West Bengal, India, and any legal disputes will be resolved in the courts of West Bengal, India.
- Limitation of Liability:
7.1. Navguide Solutions LLP is not liable for any unforeseen circumstances or events that may disrupt or impact the outcome of the application services, including, but not limited to, bugs, application malfunctions or the actions of third parties.
7.1.1. Maximum Liability: Navguide Solutions LLP (“Navguide Solutions”) limits its liability to the total amount paid by the client for the services provided by Navguide Solutions. In no event shall Navguide Solutions be liable for any additional compensation, damages, or losses, whether direct, indirect, consequential, incidental, or otherwise.
7.2. No Compensation Beyond Payment: Navguide Solutions will not be responsible for any compensation or financial reimbursement beyond the total amount paid by the client for our services. This limitation of liability applies to all circumstances, including but not limited to:
7.2.1. Loss or damage to reports and content.
7.2.2. Delays or disruptions in service.
7.2.3. Errors, omissions, or defects in the product.
7.2.4. Any unforeseen circumstances or disputes that may arise.
7.3. Client Acknowledgment: By engaging our services, the client acknowledges and agrees to the terms of this limitation of liability. This provision is designed to define the extent of our financial responsibility and to manage expectations in the event of any issues or disputes
7.4. Insurance Recommendation: We recommend that clients consider obtaining their own insurance coverage to protect against unforeseen circumstances, losses, or liabilities beyond the scope of our services.
7.5. Questions and Clarifications: If you have any questions or need clarification regarding our limitation of liability, please feel free to contact us. We are always available to discuss and address any concerns you may have.
7.6. Change of Terms: Navguide Solutions reserves the right to change the terms and conditions related to the limitation of liability. Any changes will be communicated to clients in a timely manner.
- Privacy and Confidentiality:
8.1. Navguide Solutions LLP (“Navguide Solutions”) is dedicated to safeguarding the privacy and confidentiality of our clients. We understand the sensitivity of the information and materials entrusted to us.
8.2. Nature of Content: content may involve images of individuals / material / ships, events, and locations. Navguide Solutions takes great care to respect your privacy while delivering high-quality services.
8.3. Challenges to Absolute Privacy: It is important to acknowledge that the nature of content may present challenges to absolute privacy. This may include situations where:
8.3.1. Individuals or locations in public spaces inadvertently appear in photographs.
8.3.2. Unforeseen circumstances, such as data breaches, theft, or damage, may pose risks to the privacy of content and information.
8.4. Client Collaboration: Navguide Solutions encourages open communication with clients to address privacy concerns and preferences. We may seek your consent or input when using sensitive content or events.
8.5. Minimizing Risks: While we cannot eliminate all risks, Navguide Solutions takes reasonable measures to minimize potential privacy concerns. Our primary goal is to deliver high-quality services while respecting your personal boundaries.
8.6. Questions and Concerns: If you have any questions or concerns regarding privacy and confidentiality or specific privacy considerations for your project, please feel free to contact us. We are always available to address your individual needs and preferences.
8.7. Legal Compliance: Navguide Solutions operates in accordance with applicable privacy laws and regulations to ensure the protection of your personal information.
8.8. Change of Terms: Navguide Solutions reserves the right to change the terms and conditions related to privacy and confidentiality. Any changes will be communicated to clients in a timely manner.
- Content Accuracy:
9.1. While we make every effort to ensure the accuracy of the information and content provided, we cannot guarantee the absence of errors or omissions. We do not accept responsibility for any misinformation or inaccuracies.
9.2. Accuracy Commitment: Navguide Solutions LLP (“Navguide Solutions”) is committed to delivering content that is accurate, truthful, and reflective of the services provided. We aim to provide clients with a faithful representation of the content and its capability.
9.3. Content Authenticity: Navguide Solutions takes great care to ensure that the content we provide accurately represent the technology, events, individuals, content and locations.
9.4. Editing and Retouching: Navguide Solutions may perform post-processing, editing, or retouching of content to enhance their visual appeal and quality. While we strive for authenticity, artistic enhancements may be applied, but they will not distort the original context or the subjects’ appearance to an extent that they misrepresent reality.
9.5. Client Review: The Client is responsible for reviewing the content provided by Navguide Solutions upon receipt and promptly notifying us of any concerns or discrepancies regarding the accuracy and authenticity of the images.
9.6. Responsibility: Navguide Solutions is responsible for the accuracy of the content to the extent that it reflects the events and subjects as they were. We are not responsible for any changes, alterations, or discrepancies that occur after the final upload due to external factors or circumstances beyond our control.
9.7. Questions and Clarifications: If you have any questions or need clarification regarding the accuracy of the content provided, please feel free to contact us. We are always available to address your concerns and inquiries.
- Indemnity.
10.1. Client Indemnification: The Client (referred to as “Client”) agrees to indemnify, defend, and hold Navguide Solutions LLP (“Navguide Solutions”) and its representatives harmless from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable legal fees) arising out of or related to the use, misuse, or reliance on the content, or services provided by Navguide Solutions.
10.2. Claims and Actions: Navguide Solutions shall promptly notify the Client of any claims or actions for which Navguide Solutions seeks indemnification. The Client will have the opportunity to assume the defense and control of any such claim or action with counsel of its choosing, provided that the Client shall not enter into any settlement or compromise without the prior written consent of Navguide Solutions.
10.3. Scope of Indemnity: This indemnity shall apply to, but is not limited to, claims arising from:
10.3.1. Defamation, libel, or slander.
10.3.2. Invasion of privacy.
10.3.3. Violation of copyright, trademark, or intellectual property rights.
10.3.4. Misrepresentation or inaccuracies in content.
10.3.5. Any other claim related to the services provided by Navguide Solutions.
10.4. No Limitation of Liability: This indemnity does not limit or waive any other rights, remedies, or defenses that Navguide Solutions may have under any agreement, statute, or at law. It is an additional measure to ensure the protection of Navguide Solutions’s interests.
- Governing Law:
11.1. These Terms are governed by and construed in accordance with the laws of India, and any disputes arising from them shall be subject to the exclusive jurisdiction of the courts in West Bengal, India.
- Changes to Terms:
12.1. We reserve the right to modify or update these Terms at any time without notice. The most recent version of the Terms can be found on our website. Your continued use of our services implies your acceptance of any modifications.
- Contact Information:
If you have any questions or concerns regarding these Terms or our services, please contact us at:
Our web displayed email ID or Phone number.
By taking a subscription with us, you acknowledge that you have read, understood, and agreed to these Terms. We are dedicated to providing you with web and / OR mobile application services and ensuring your satisfaction.