Terms & Conditions
These terms and conditions outline the rules and regulations for using the Mobilsmash Website, located at www.mobilsmash.com. We assume that by accessing our website, you accept these terms and conditions. Do not use Mobilsmash if you do not agree to take all the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person who logs on to this website and is compliant with the Company’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us” refer to our Company. “Party,” “Parties,” or “Us” refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner to meet the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Pakistan. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable, and therefore, as referring to the same.
Cookies
We employ the use of cookies. By accessing Mobilsmash, you agree to use cookies in agreement with the Mobilsmash Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Mobilsmash and/or its licensors own the intellectual property rights for all material on Mobilsmash. All intellectual property rights are reserved. You may access this from Mobilsmash for your personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from Mobilsmash
- Sell, rent, or sub-license material from Mobilsmash.
This Agreement shall begin on the date hereof.
Content Liability
We shall not be held responsible for any content appearing on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve of immediately removing all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise that the website remains available or material on the website is kept up-to-date.
Revision Policy
The allotted number of revisions is based on your selected package, and you can demand as many revisions as stated in your package details. We focus on providing the best services to our customers and will continue revising until your needs are met. You are not liable to pay an additional price until the design concepts remain the same. You will have your revised design in 48 hours.
Refund Policy
On any occasion, any funds deposited will not be liable for a refund if the initial design and concepts (after delivery) are approved, or a change is asked for unless Mobilsmash cancels or ends your Contract for a reason other than your breach or non-execution.
All refund requests will be as per the following arrangement:
You make a solicitation when the underlying ideas for a logo are provided. However:
- Once you approve or ask for changes in the initial designs, the refund offer will be void, and a request for a refund will not be entertained.
- Once the project has been entered into the revision phase, the refund offer will be void, and a request for a refund will not be entertained.
- If you demand a refund before the delivery of initial design concepts, you would qualify for a full refund (less the 10% administration and preparing charge).
- If you request a refund within 48 hours after the initial design delivery, you will only be eligible for a 66% refund (less 10% administration and preparing expenses).
- If the refund request is made within 48-96 hours after the initial design delivery, you will only be eligible for a 33% refund (less the 10% service & processing fee).
- No refund request will be entertained after 96 hours of the initial design delivery. However, we believe in 100% customer satisfaction, so you are requested to reach out to us so we can address your concerns.
- No request for a refund will be entertained after inaction by the customer after 7 working days. If you wish to restart the order, you will be charged a certain fee contingent upon your venture.
- No request for a refund will be entertained if the customer goes unresponsive at any point in time for 5 working days.
- All refund requests should be made to the support department. Mobilsmash reserves the right to approve/reject refund requests based on an individual case-to-case premise.
- No refund will be entertained after the final files have been delivered.
- For Website bundles, no refund will be entertained once the initial design mockup has been revised.
- For Custom bundles, a refund will be applied just the same as on the single packages. For instance, if you request a logo and web design and approve of the logo, you are eligible for a refund of the website service at the time of initial design only.
All requests for refunds must be communicated to the support department. Mobilsmash, considering the infringement of your user agreement, reserves all authority to affirm/object to your solicitation on an individual case-to-case premise.
A refund request should have a legitimate reason which must be qualified against the outline brief and client input for revisions. Unless the idea is composed as per the brief, a refund would not be approved. However. further revisions will be provided until you are satisfied.
It is also to be noted that under any circumstances, both parties (Mobilsmash & Client) agree not to attack/criticize each other, and any of its employees, associate/s, or partner/s publicly (on public forums, blogs, social networks, etc.) at any given time during or after the contract period. Similarly, both parties agree not to talk on forums, blogs, community groups, or any social media in a way that brings a bad name to either party or any of the employees, associates, or partners. In case of a breach, the breaching party would have to pay reasonable compensation decided by the non-breaching party as damages.
Money Back Guarantee depends on the request and is in accordance with some basic honesty. Where a client has placed design orders with more than one agency for the same job, intending to claim a refund, Mobilsmash does not consider this to be in good faith. In such instances, we reserve the right to decline a refund request.
All design jobs require client input before finishing the design, which is why it is requested that the customer remains active throughout the process and gives feedback in order to get the required results.
A 100% unique design guarantee qualifies you for a new logo if the logo designed by Mobilsmash is found to be considerably similar to another design that already exists. Any likeness to a current outline will be just a fortuitous event, and Mobilsmash will not acknowledge any responsibility or claim of any compensation in such a case. It is the client’s responsibility to get their artwork copyrighted.
How to Claim your Refund
To ensure that your refund request is processed effectively and approved, please make sure that you meet the following requirements.
- Specify your concern and claim your refund through any of the following three modes:
- Contact No : +92 321 2526640
- Email : contactus@mobilsmash.com
- Chat :Whatsapp us
We will immediately try to resolve your query and concern in light of our revision policy. Or else, we will email you a refund request approval from our refund department.
After the refund, the rights to your design would be transferred to Mobilsmash, and you would not legally be allowed to display any version of the design sent by the company.
Since the design rights would now be transferred to Mobilsmash, you concur that you will have no right (immediate or circuitous) to use any reaction or other substance, work item, or media, nor will you have any ownership interest for or to the same.
If you have any questions or concerns about our Refund Policy, please get in touch by clicking here at contactus@mobilsmash.com
Ownership Rights
You acknowledge and agree that Mobilsmash owns all legal rights, title, and interest in and to the Materials, Web Sites, Web and Mobile Applications, including any source code, trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed without Mobilsmash prior written permission. Except as expressly provided herein, Mobilsmash does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Ownership of Software
You agree and acknowledge that (i) the Software is licensed to you, not sold, and Mobilsmash transfers no ownership interest in the Software, in the intellectual property in any Software or any Software copy, to you under this Agreement or otherwise, (ii) that Mobilsmash and its licensors reserve all rights not expressly granted to you hereunder, (iii) Mobilsmash or its licensors own the Software (including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the Software), and (iv) the Software is protected by Pakistan Copyright Law and international treaties relating to the protection of copyright. The term “Software” includes, and this Agreement will cover, any updates, upgrades, or bug fixes for the Software provided to you.
Content Creation & Population
Mobilsmash will not be responsible for creating or populating content (e.g. text/Images) into the website unless purchased exclusively otherwise, in which case:
- Mobilsmash will populate the website with content created for the client.
- The content/text for the website will be created specifically for the customer’s website.
- Mobilsmash will populate the website with images.
- Mobilsmash will acquire stock imagery for clients from stock photo websites.
- Images will be purchased upon approval from the client.
- Mobilsmash will not be responsible in any way shape or form, for any similarities between images used on the site that may or may not resemble other websites.
- Mobilsmash will populate the website with products and product details.
- Product images and product details will be provided by the client.
N.D.A. & Reputation Mangement Policy
Mobilsmash does not share customer information regarding their project or contact details with anyone. The client’s personal and project information is kept confidential at all points.
Once the project is completed successfully, both the parties Mobilsmash and The Client agree not to intentionally defame or otherwise disparage the other concerning matters arising after project completion.
Once the project is completed successfully. Each Party agrees to refrain from (and Mobilsmash shall take reasonable steps to cause its officers and directors to refrain from), either directly or indirectly, hereafter making any defamatory comments of any type or nature whatsoever to anyone about the Client (and in the case of the Company, its employees, officers, directors, agents, consultants, affiliates, investors or business partners).
Technical Support Policy
Mobilsmash will design and develop the services that the client needs. Our packages and services purchased will include technical aspects to help the client. Mobilsmash will provide the client with the basic information regarding those services and the settings required to make those services works. Mobilsmash will not be responsible for providing detailed training or installations of said services on the Customer’s end. Such services may include but are not limited to:
Website Deployment
Mobilsmash will deploy the website for the customer on
- A hosting service is provided by us.
- A hosting server provided by the customer (purchased from a Third Party).
In the event the website is hosted on a third-party web server purchased by the customer, Mobilsmash will not be held responsible for any kind of server or hosting-related issues.
There is no Service Level Agreement (SLA) between the client and Mobilsmash in terms of technical assistance or service outage unless purchased separately as an ongoing maintenance service.
Website (CMS: Content Management System)
Mobilsmash will provide the customer with a user manual to use the Website CMS (Content Management System).
Emails Setup
Mobilsmash will provide the customer with the necessary settings and information to install the emails on their end. However,
- Mobilsmash will not be responsible for installing said emails onto the customer end.
- Mobilsmash will not be responsible for providing technical support or assistance in troubleshooting errors in email usage as all our emails are on open servers and accessible by all service providers.
- Mobilsmash will not be held responsible for the customer’s failure to execute, install or learn the usage of above said services on their end, as the responsibilities for those lie on the customer’s end.
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