The Magnum Group ('TMG') shall provide you hours of CAD drafting service ('CAD Service' in return for the fee instalments that you pay from this website or otherwise from TMG or its authorized agents
TMG shall be the deciding authority on the number of hours taken to complete any portion of your project
TMG shall email you the work in progress up to twice a week for you to monitor the project
After delivery of your project's digital output files to you over the Internet, TMG is not required to maintain copies of those files in any form
You acknowledge and specifically agree that you are not entitled to make chargebacks or ask for refunds of any fee instalments paid to TMG
You are responsible for maintaining the confidentiality of the password and username TMG gives you, and are fully responsible for all activities that occur under your password or username. You also agree not perform any actions to disturb the correct functioning of TMG's ftp site
You warrant to TMG that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and any related activities
TMG, its distributors and agents will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, pre-emption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof
TMG agrees not to disclose any information received
from you and marked in writing as confidential to any third party without
your written consent, except in the following circumstances:
We respond
to subpoenas, court orders, or legal process, or to establish or exercise
our legal rights or defend against legal claims;
We transfer information
if TMG is acquired by or merged with another company. In this event, TMG
will notify you before your information is transferred and becomes subject
to different corporate policies.
You shall permit TMG to employ sub-contractors provided the said sub-contractors agree in writing to be party to the non-disclosure stipulations mentioned above
You will indemnify, defend, and hold harmless TMG and its distributors and agents against all claims of loss or damage arising from use of the Service, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service, and (b) all other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Service
TMG makes no warranty that it will meet your requirements or that it will be timely, secure, accurate or error-free. The website and services are provided "as is" and on an "as available" basis. TMG disclaims all warranties and conditions, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. In no event will TMG and its distributors and retail agents be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind whatsoever, including loss of profits or business
TMG and its distributors and agents do not authorize anyone to make a warranty on behalf of TMG or any other CAD drafting service provider and you may not rely on any statement of warranty as a warranty by TMG
TMG reserves the right to alter these terms and conditions without notice but without prejudice to any ongoing assignments
You shall not modify or amend the T&C. However, TMG in its sole discretion, may modify, amend and alter the T&C from time to time by giving you notice. TMG may notify you, and you hereby consent to TMG sending you notices in such a way, by using one or more of the following methods:
You should consult the TMG web site regularly to ensure that your activities conform to the most recent version of the T&C
No waiver of the T&C is valid. The T&C are binding upon you and your respective agents and heirs. If any part or provision of the T&C is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining part or provisions of the T&C
If you are found to be in contravention of any section of the T&C, Personally Identifiable Information along with details of your contravention will be entered in databases of defaulting customers, which are viewable by various merchants and which action may result in your being refused transactions with some of those merchants
The T&C are governed by, construed, and interpreted in accordance with the laws of the Republic of India, without regard to conflict of law principles
Any disputes arising out of or in connection with transactions between you and TMG shall be resolved by an arbitrator mutually agreed to by both parties.