User Agreement and Terms of Service
Last Updated June 17, 2019
Neobds provides a suite of services (hereafter, “Neobds Suite of Services”) to its customers that involves some or all of the following elements depending on customer needs and agreed-upon contract specifics, which may include identifying potential prospects in the customer’s target market(s), building or appending a list of potential prospects, contacting those prospects as a business development agent on behalf of the customer, presenting those prospects with the customer’s value proposition(s), interpreting and, in select cases, encouraging market interest, connecting interested prospects with customer’s business development team members, and/or, in select cases, engaging interested prospects on the customer’s behalf.
The Neobds Suite of Services is owned and operated,(hereinafter, “Neobds”, “we”, “our”, and/or “us”). Each customer’s (hereinafter, “customer”, “you”, and/or “your”) use of any or all of the Neobds Suite of Services is subject to the terms and conditions set forth in this User Agreement and Terms of Service (these “Terms of Service”), the entirety of which are incorporated by reference into the purchased plan (Product Plans,etc.) accessed via the web link (the “Order”). These Terms of Service and the Order shall be designated herein as the “Agreement”. The Agreement shall be deemed the final and integrated agreement between you and us on the matters contained therein.
PLEASE READ THESE TERMS OF SERVICE AND THE ORDER CAREFULLY. BY ACCESSING OR USING ANY PART OF THE NEOBDS SUITE OF SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS, CONDITIONS, AND PROVISIONS OF THESE TERMS OF SERVICE AND OF THE ORDER. IF YOU DO NOT AGREE TO ALL OR ANY PORTION OF THESE TERMS OF SERVICE OR THE ORDER, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE NEOBDS SUITE OF SERVICES. USE OF ALL OR ANY PART OF THE NEOBDS SUITE OF SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, THE ORDER, AND HENCE, THE AGREEMENT.
1. Neobds agrees to perform those services identified on the Order (the “Neobds Services”, and/or “Services”). All of the Neobds Services shall be provided in a timely and professional manner.
2.The term of this Agreement shall commence on the Effective Date (defined below) and shall continue until notification of cancellation by either party, Neobds or you.
3.Effective Date. The effective date of this Agreement (the “Effective Date”) is the date of first payment received by Neobds from the Customer in connection with the Order.
4.Pricing for the Neobds Services is based on the type of plan to which you have opted that is specified in the Order. The price charged for the Neobds Services shall be set forth in the Order. Unless otherwise stated, all prices are listed in United States dollars. All prices, discounts, coupons, and promotions posted anywhere on Neobds’s website at [https://neobds.com/] (including any sub-pages) (the “Site”) are subject to change without notice; provided that any price changes shall only apply to orders placed after such changes. Furthermore, Neobds may refuse to honor any discounts, coupons, and promotions for any reason including, but not limited to, fraud, mistake on the part of our publication of information, or any other reason.
If we change the price of the applicable plan to which you have subscribed, you shall be responsible for paying the new pricing upon the next applicable renewal of this Agreement (if any). Although you may terminate your use of the Neobds Service at any time pursuant to Section 5 hereof, there shall be no credits, refunds, rebates, abatement’s, pro-rations, or forgiveness for any amounts owing pursuant to the Order for the remainder of the Term.
5. Neobds Service that you opt in for is a non-refundable service. Please be advised that after the order is place it can not be cancelled or refunded at any cost.Please contact support@neobds.com for any assistance or clarification.
6.All payments shall be collected via credit card / debit card through our applicable third party payment provider. Where a credit card / debit card is declined for any reason (including but not limited to expiration, insufficient credit, or precautionary anti-fraud measures), Neobds reserves the right to delete your account data and terminate access to the Neobds Service without notice. Without prejudice to any of Neobds’s rights under this section, Neobds may choose to first contact you and give you an opportunity to correct the failed payment issue prior to engaging in such a deletion.Payments can be accepted by credit card or debit card. Invoice will be sent to your registered email address within 24hrs of successful payment.
7.Termination Of Services :The Neobds will terminate the service once the job is completed as per the order and terminate service automatically without notice from THE COMPANY if you fail to comply with any provision of this agreement or if you still demand for service in a manner that you violate any local, state or federal laws; even if capability to undertake such activity is included in the service agreement. Neobds reserves the right to modify or discontinue the Neobds Service (or any part thereof) with or without notice. Following the termination or cancellation of your subscription to the Neobds Service and/or your account.
8.If you are subscribed to an automatic payment or automatic renewal option, either party can provide 30 days (for one year subscription) or 7 days (for one month subscription) written notice before the end of subscription period to terminate the agreement.
9.If you are not on auto renewal or auto payment, your service will stop working at the end of the subscription/service period. Only after payment is made service will resume.Upon termination, you must destroy the accompanying written materials.
10.Your Use of Neobds Service. You may be required to establish an account in order to use the Neobds Service and/or take advantage of certain features thereof. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Neobds Service; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, Neobds or outdated, or Neobds has reasonable grounds to suspect that such information is false, inaccurate or outdated, Neobds has the right to suspend or terminate your account and prohibit any and all current or future use of the Neobds Service by you.
11.BACKUP AND Recovery: You agree to maintain a backup of the contacts that were delivered to you. Neobds does not take the responsibility to maintain a copy of the contacts after delivering it to you.
- THE COMPANY does not maintain or release back up of the list built for you. If you need a new list to be built, you will have to pay again for the List-Building Services.
12.Updates to Terms of Service. We may, in our sole, unilateral discretion, amend, modify, update, revise, and/or change at any time and from time to time these Terms of Service by notifying you via email or by posting notice of such amendment, modification, update, revision, and/or change on any part of the Neobds Service, including without limitation on the Site. The “Last Updated” date at the top these Terms of Service indicates when the latest amendment, modification, update, revision, and/or change was made to these Terms of Service, and any amendment, modification, update, revision, and/or change to these Terms of Service will be in effect as of that “Last Updated Date”. By continuing to access and use the Neobds Service, you accept and agree to any such amendment, modification, update, revision, and/or change. Therefore, you are responsible for reviewing and should become familiar with each such amendment, modification, update, revision, and/or change. We recommend that you review these Terms of Service prior to each use of the Neobds Service. In addition, when using particular services or features on the Neobds Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time in the terms and/or individual plan sections of the Site, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
13.Notice of Non-Contact or Opt-Out. You acknowledge and agree that prior to Neobds undertaking to perform any portion of the Neobds Service, you shall provide to Neobds: (a) a list of all persons or entities that have requested (whether in writing or verbally) not to be contacted by you or that have opted-out of receiving your services (whether via telephone, facsimile, text message, e-mail, or other form of solicitation); and (b) a statement signed by an authorized representative of Customer verifying that the foregoing list is accurate and complete.
- Indemnification You indemnify THE COMPANY and hold THE COMPANY harmless for all damages, losses, and costs (including, but not limited to, reasonable legal fees and expenses) arising out of all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, you are allowing THE COMPANY to build a list of contacts from a web site that violates or infringes third party rights or applicable laws; (2) any content you want THE COMPANY to extract; or (3) any method or process or activity in which you engage on with the list of contacts built by THE COMPANY.
14.For cold calling campaign list that are provided by you or Neobds cold calling service that was opted by you.
You agree that you shall indemnify, defend and hold harmless the Neobds Parties against all claims, demands, causes of action, losses, expenses, damages, and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to: (a) your use or employment of the Neobds Service.
15.Governing law in case of dispute. These terms of use shall be governed by and construed in accordance with Indian law as they apply to agreements made and solely performed therein. All disputes arising from these terms of use shall be exclusively subject to jurisdiction of courts of Indian Governance.
You agree to comply with all applicable laws regarding the use of this website.
16.Information Use.If you request information from us or wish to access certain features of the site, you will be asked to provide personally identifying information so that we can respond effectively to your requests and needs. We will never share your information with anyone who isn’t directly providing service and support on behalf of Neobds. If you provide us with identifiable information, we may attempt to contact you occasionally to determine if our service meets your expectations, offer additional assistance or notify you about special promotions.
17.Opting Out.Most clients tell us they appreciate receiving our news and promotions; however, we believe it’s very important for you to be able to choose whether you receive periodic mailings and information from us. You can choose to opt out at any time by simply replying to a mailing to inform us of your preference. All of our mailings will clearly explain how you can easily opt out and stop receiving information from us.
18. To help protect your confidentiality,Neobds employs security safeguards; however, we can’t eliminate all security risks. For instance, Neobds’s website may contain links to other websites. We have no responsibility or control over linked websites and their privacy policies or the way they collect and control your personal information. We encourage you to learn about the privacy practices of any website before providing personally identifying information.
Neobds maintains satisfactory data security measures to defend information against unauthorized access and disclosure. These measures include the implementation of commercially sensible technical, physical and organizational data security safeguards. Neobds employees undergo complete proper training in data management and security practices.
Data protection is our top priority and we commit ourselves to safeguard our customers’ data. We do this by Following a 7 Steep Process.
1. Establishing procedures and methods for securely managing information. 2. Restricting employee access to sensitive information. 3. Shielding against unauthorized access to customer data by using data encryption, authentication, and virus detection technology, as required. 4. Requiring service providers with whom we do business to comply with relevant Data Privacy legal and regulatory requirements. 5. Observing our websites through recognized online privacy and security organizations. 6. Conducting background checks on employees and providing Data Privacy training to our team members. 7. Continually assessing our Data Privacy, information management, and data security practices.
Our responsibility to your privacy: In essence, we believe strongly in respecting your privacy and your wishes about the use of your personal information. While we may need to change this policy from time to time as new situations arise, we will never change our commitment to protecting your confidentiality and informing you of how we intend to use any information you provide to us. Our most up-to-date privacy policy will always be posted here.
Customer Service. If you have any comments or questions regarding these Terms of Service or the remainder of the Agreement or wish to report any violation of these Terms of Service or the Agreement, you may contact us at [support@neobds.com].