Valid and effective from: July 1, 2021
- DEFINITIONS AND INTERPRETATION OF TERMS
1.1.The Company means the business ZESSA-Click, with Company registration No.: 4200004258541, with its registered office atC-175 Shamsi Society near Malir Halt Karachi 75210 Pakistan.
1.2. The Customer means any business corporation or natural person conducting a business who purchased and/or uses the Product or Products of the Company. So as to avoid doubt, it is stipulated that every person identifying him/herself with respect to the Company under its company registration number is considered an entrepreneur.
1.3. The Product means the products and services available on zessa-click.com. The Products sold are not subject to resell or transfer to the outside organization for which it was originally purchased.
1.4. The Product is a collective term for the Product and the Services of the Company. Up-to-date information on the various Products is available on the Company website. In the event of any questions about the Products, the Customer can also contact the Company’s Representative, the Company’s contact points (a contact form is available on the Company website)
1.5. The Representative means an agent or an employee of the Company through which the Customer can, among other things, order a the Company’s Product.
1.6. The Parties mean the Company on the one hand and the Customer on the other. So as to avoid doubt, both Parties declare that they conclude the Licensing Agreement in connection with their business.
1.7. The Contractual Relationship means a legal relationship between the Company and the Customer established by the Licensing Agreement.
1.8. The Price List means a list of prices of the individual Products of the Company and combinations thereof. An up-to-date version of the Price List is always available on the Company website and, in a written format for “Ready to use products” only, and for other products price will be quoted through a B2B meeting to discuss client’s requirements and to quote the best possible price. All Product prices include VAT/GST or any indirect taxation for the countries where it is applicable. The applicability of country specific applicable laws will be retired by the buyer/client in the buyer’s country after adjusting the payable amount and providing the evidence of payment of relevant taxes. For the clarification purpose “Adjusting” means to Gross up the amount so that the net amount should be equal to the amount of price on the website or as per quotation
1.9. The Company Account means the account with IBAN IBAN PK04MEZN0001220105358966, SWIFT/BIC MEZNPKKA.
- INTRODUCTORY PROVISIONS
2.1. The following General Terms and Conditions of the Company (hereinafter the “GTC”) form an integral part of the Licensing Agreement and govern the rights and obligations of the Parties arising in connection with the Licensing Agreement or the use of the Products.
2.2. The headings contained in the present GTC serve only to provide better orientation. If the provisions of the present GTC ever refer to the singular, these references also include references to the plural and vice versa.
2.3. By entering into the Licensing Agreement, the Customer expresses its consent to all the provisions of the present GTC. Provisions of the order diverging from those laid down in the GTC take precedence over the provisions of the present GTC.
2.4. So as to avoid doubt, the Parties acknowledge that in the event that, for a certain limited period of time, the Company offers the Customer more favorable conditions for the use of the Products than those provided by the present GTC and the Customer meets all the conditions specified for obtaining this special promotional offer, this special promotional offer of the Company prevails over the relevant provisions of the present GTC.
- ARCHITECTURE AND ENVIRONMENT
The architecture of the major ZESSA-Click Products is 3-tier having the Database, Business Logics and User Interfaces loosely coupled.
ZESSA Solution’s products are compatible with Windows 10 and Microsoft office versions released till the date of this contract.
- CONCLUSION OF LICENSING AGREEMENT; PAYMENT AND DELIVERY TERMS AND CONDITIONS
4.1. The Customer is entitled to order ZESSA-Click Product in the following manner:
a)by a written order delivered to the Company or a scanned written order delivered to the Company’s email address indicated for this purpose on the Company website,
b)by an electronic order through the Company’s web interface,
4.2. The Parties consider the following details as essential elements to be included in the order:
a)Customer identification – company name/trade name, registered office/place of business address, email address of the Customer, name of the person representing the Customer, telephone number,
b)Name or Product code of the Product appearing on company website and
4.3. The price of the Product is payable before downloading the downloadable products from the company’s website, as follows:
a)online by card through a payment gateway, or
b)by a bank transfer to the Company Account.
c) And for the products which required time based engagement of the ZESSA-Click’s team, payment terms and timelines will be mutually agreed with the client/customer
- RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer is entitled to use ZESSA-Click’s Product solely for its own needs only. It can never be used for the purpose of resell unless written consent from the seller
5.2. A Customer who has concluded a buying of Company’s Product which is non-transferable, non-exclusive and valid in the country where the Customer uses the Product and which is provided only insofar as to permit the proper use of the Product by the Customer.
5.3. The Customer is not entitled to use the logo, name, trade name or other details of the Company on any of its advertising or other materials without the prior written consent of the Company.
5.4. The Customer acknowledges that failure to use the Product, if any, will be dealt through the company’s refund policy if it qualifies as per the policy guidelines
- CUSTOMER’S PERSONAL, IDENTIFICATION AND OPERATING DATA
6.1. The personal data includes, in particular, the name and surname, title, date of birth, residence or other address provided by the Customer, telephone number, email address, data collected in marketing surveys, bank account details or payment history, etc. The identification data includes, in particular, the trade name, title, registered office, place of business, company registration number, telephone number, email address, data collected by marketing surveys, bank account details or payment history, etc.
For the sale of clarity, any customer data will only be used for the transaction of Company’s products selling and buying with that particular customer or for future any new product’s offering or marketing or any particular change information for the benefit of the customer
- LIABILITY FOR DEFECTS, WARRANTY
7.1. The Company provides a warranty for the error-free functioning of the Product provided that the “Read me” instructions followed ; the Company is responsible only for the functioning of the current versions of Ms Excel and not for defects in earlier or future versions of Ms Excel to be released in future (if any), provided that there was no breach of the obligations by the Customer.
7.2. The Customer acknowledges that the Company guarantees the proper functioning of the Product only when it is used with the Ms Excel current versions in place i.e Ms Office 2007 to 2013
7.3. The Company does not guarantee that the Product meets all the requirements of the Customer. The warranty does not cover the following, which cannot be considered as a defect of the Product or a defect or damage caused by the Product:
a)those cases in which the Product is used contrary to the documentation,
b)the absence of properties or functions that are not listed in the documentation,
c)the fact that the Product does not reflect legislative changes that were not known to the Company at the time of its development,
d) those cases in which the Product is used together with third-party programs that prevent its error-free operation,
e) those cases in which the Customer intervenes in the database files by means other than the Product that was supplied.
- COMPENSATION FOR LOSS OR DAMAGE
8.1. The Company is not liable for the loss or damage arising as a result of circumstances excluding liability in accordance with the applicable legal regulations. A fault in the means of remote communication (e.g. Internet connection) used by the Customer or the Company and/or a failure of any technical device not caused by the Company is also considered by the Parties to be a circumstance excluding liability of the Company.
ZESSA-Click products have been developed by industry experts and released after a mechanism of testing on various environments, therefore company firmly believes in and stands behind ZESSA-Click’s products available and sold through website.
9. Product Refund Policy (PRP) General Terms and Conditions:
9.1. Customer satisfaction is the prime objective of the company and its team with no compromise,
9.2. ZESSA-Click’s products are digital products,
9.3. Company regards all of its customers and value their money,
9.4. ZESSA-Click’s products are digital, non-tangible and irrevocable goods which are impossible to revert back once downloaded hence we do not issue refunds once the order is accomplished and the product download link is sent.
9.5. As a customer you need to understand and accept clause 9.4 of “terms and condition” mentioned above before and upon purchasing ZESSA-Click’s products from the company.
10. Shipping and Cancelation of orders:
ZESSA-Click products are digital products, hence do not cover under any shipping process, shipping timelines and shipping charges
ZESSA-Click products are the digital product, a customer can cancel the order before order confirmation on ZESSA-Click’s website for all the products which will fall in the category of “downloadable after payment”
For any other product & services which does not fall in the category of “downloadable after payment” a separate cancellation procedure will be agreed with the clients engaged to sell