Terms & Conditions

Pricing Payment

  • The prices mentioned in the agreement includes the Monthly Application Charges along with the Standard Reports and analytics included with the mEngage Dashboard and does not include campaigns that shall be done for the Client and the same shall be charged on actual as and when executed.
  • On completion of 12 months from the effective date of starting the services, the annual subscription charges shall automatically be eligible for a 10% escalation on the product charges for every year thereon.
  • If the Client issues a cheque to Mobikon that bounces, then Mobikon shall charge the Client INR 1,000 per cheque bounced. Also, the Client may be liable for prosecution under Section 138 the Negotiable Instruments Act 1881. Both the parties agree to maintain financial relations in accordance with law and shall not be forced by the other side to advance any argument thereon.

Payment Details

Account Name - Konekt Marketing Systems Pvt Ltd.
Bank Name- Citi Bank Branch- Koregaon Park
Account Number- 0020400706 RTGS/NEFT IFSC - CITI0000005

Essential Conditions for use of Mobikon Services

  • Client shall furnish to Company the pertinent data, hardware (if required), maps, logos and other information available to him and shall give to Mobikon the reasonable assistance necessary for rendering the said Services.
  • The tablets shall be WIFI enabled. The hardware shall remain the property of Mobikon for the period mentioned above.
  • Apart from Mobikon applications, no Third Party applications shall be downloaded on tablets provide by Mobikon.
  • In case tablets are provided by Mobikon kindly refer Hardware Security Agreement.
  • Contract start date will be the date of invoicing and no changes in the invoicing will be done if there is no significant delay in deployment.
  • Deployment shall be carried out within 3-5 working days post receipt of payment in full against the invoices raised along with complete details in deployment sheets.
  • This agreement shall continue to be in effect unless explicitly terminated by either party by giving a written notice to the email id provided in the contact details of the company with a cc marked to accounts@mobikontech.com
  • Further this agreement shall continue to be in effect for all the future outlets added by the client under account name / brand mentioned in this agreement.
  • Within the validity period of this Contract, both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party. The Parties hereto acknowledge each other’s intellectual property rights and undertake not to infringe upon each other’s’ said rights in any manner at any time.
  • It has been agreed between both the parties that agreement shall have lock in period of 12 months, commencing from the contract start date.
  • In the event of termination of contract within the lock in period by client, the client shall be liable to pay the service charges as per contract for the remaining un-expired period of the contract.
  • Either the Client or Mobikon may decide to terminate the contract post locking period of availing the services offered from the commencement date of the contract. Post the termination notice, Client will be liable to pay Mobikon charges for the services and hardware until the actual termination of the services.
  • The Client/Mobikon can terminate this Proposal cum Agreement by giving a 30 days’ notice in prior to the next invoice to be raised post lock in period.

Indemnification

  • Each Party (‘Indemnifying Party’) shall indemnify and hold harmless the other party (‘Indemnified Party’), its directors, employees, affiliates, and group companies harmless from and against any loss, liability, damage, expenses (including attorney fees) or other consequences which may arise or result from:
    (i) a breach of any obligations
    (ii) misuse of Indemnified Party’s proprietary information
    (iii) any claim which is based on a claim for personal injury or damage to tangible property resulting from any act or omission of the Indemnifying Party or any of its employees or agents.

Applicable Laws

  • These Terms contains the entire understanding and agreement between User and Mobikon and supersedes any and all prior or inconsistent understandings relating to Mobikon Service and your use of Mobikon Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms.
  • Any dispute relating to this Agreement or the Services shall be subject to the exclusive jurisdiction of the Indian Courts, to which each of us agrees to submit for these purposes.

Force Majeure

  • Without limiting the foregoing, under no circumstances shall Mobikon be held liable for any damage or loss due to deficiency in performance of the Mobikon Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

Complaints

  • Mobikon takes complaint very seriously and aim to respond to your complaint within 5 business days.
    All complaints to be addressed support@mobikontech.com

Disclaimer and limitations of liability

  • Mobikon services, the mobikon app and/or website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, mobikon is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the mobikon service. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the mobikon service, including, without limitation, and hardware associated with your use of the mobikon service.
  • You understand and agree that, to the fullest extent permissible by law, the mobikon service, mobikon and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the mobikon service or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

YOU HEREBY ACCEPT AND ABIDE THESE TERMS AND CONDITIONS MENTIONED ABOVE IN ORDER TO USE THE MOBIKON SERVICES.