Terms & Conditions

TERMS AND CONDITIONS

Welcome to Kitesman terms and conditions. These terms and conditions outline the rules and regulations for the use of Kitesman’s Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Kitesman’s website if you do not accept all of the terms and conditions stated on this page.

TERMINOLOGY

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “Customer” “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” “kitesman”, “Designer” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or 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, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalisation 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 using Kitesman’s website you consent to the use of cookies in accordance with Kitesman’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Web site without prior written approval:

• Government agencies
• Search engines
• News organizations
• Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses, and
• Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organisations may link to our home page, to publications or to other Web site information so long as the link:

(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union
• Dot.com community sites
• Associations or other groups representing charities, including charity giving sites, online directory distributors
• Internet portals
• Accounting, law and consulting firms whose primary clients are businesses, and
• Educational institutions and trade associations.

We will approve link requests from stated organizations if we determine that:

(a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Kitesman; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link:

(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
(c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@kitesman.com. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

APPROVED ORGANIZATIONS MAY HYPERLINK TO OUR WEB SITE AS FOLLOWS:

• By use of our corporate name
• or By use of the uniform resource locator (Web address) being linked to
• or By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Kitesman’s logo or other artwork will be allowed for linking absent a trademark license agreement.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

SUBSCRIPTION PLANS, TIME, PAYMENTS AND OFFERS:

The subscription plans are eligible to change any time with sole discretion of Kitesman without any prior notice or information to subscribed or unsubscribed members however it would not affect the already subscribed plan by you for the contracted period. Kitesman would be liable to work for the subscribed period and amount already paid with positive intentions. The subscribed plan will not be eligible to downgrade within the subscribed period. Although customers can add-on any new plan within an already running plan. You can avail your rights to have a free trial period depending on the latest details on the Pricing page for each plan.

(a) Subscription Plans

Pricing or Subscription plan details are clearly mentioned in the Pricing page, Terms & conditions page and FAQ details page. Still we recommend you to clear all your doubts in a prior meeting regarding your prospective Kitesman designer availability, timings, fees, working process, working criteria and tools including all your questions to avoid any confusion in future.

• STARTER (plan): This is per design subscription plan with a validity for ‘one’ design completion. You can avail this plan for any one mentioned design category only (or ask for more details) with 3 to 5 improvements per design. A prior discussion with Kitesman is necessary before subscription in case there is any doubt. You can add-on this plan amount to add-on the same number of designs eg. $50(tax exclusive) for one design and $100(tax exclusive) for 2 designs. Kitesman is experienced and expert in creating a variety of designs, but still in case if you are not satisfied with the final delivery then you have an option for 3 to 5 improvements. Improvements here means the updates or simple corrections and not redesign. Although it takes lot of efforts and time to create designs and updates but still your are offered refund in case you are not satisfied with the quality of designs. Please note that any third party fee or charge would be deducted out of the full amount to refunded and it may take 2 weeks to process for the same. We strongly suggest you to be very informative with initial instructions, files, details, look, feel, target audience, competitors and example sharing before starting the project to avoid any confusion or delay.
• GROW (plan): For GROW monthly subscription plan, one Kitesman designer will be available to work remotely for you with flexible ‘time’ for maximum 4 hours per ‘working day’. This is a monthly subscription plan (tax exclusive) in which you can hire a Kitesman remotely for ‘Half Day-Full Month’ duration. Half day counts for flexible 4 hours per day, from Monday to Friday or total of 88 hours per month along with time tracker. For the first time, you will get “10 days Free Trial period” to build trust and for understanding of our workflow. If not satisfied, you can cancel anytime in between and get 100% Money back after third party fee deductions. NDA, contracts or similar deals are welcome to start.
• BUSINESS (plan): For BUSINESS monthly subscription plan, one Kitesman designer will be available to work remotely for you with flexible ‘time’ for maximum 8 hours per working day. This is a monthly subscription plan (tax exclusive) in which you can hire a Kitesman remotely for ‘Full Day-Full Month’ duration. Full day counts for flexible 8 hours per day, from Monday to Friday or total of 176 hours per month along with live time tracker, screenshots and progress reports access. NDA, contracts or similar deals are welcome to start. For the first time, you will get “14 days Free Trial period” to build trust and for understanding of our workflow. If not satisfied, you can cancel anytime in between and get 100% Money back after third party fee deductions.

(b) Time and Hours calculation

The term ‘time’ in both GROW and BUSINESS plans mean the ‘working time’ and that may or may not count online meetings and interactions time related to the work. We use Time Tracker to count our time spend on the projects and this is the concrete method for spent time calculation. Extra to the committed working hours, you may get your minor queries, files, information and replies done anytime daily even if you have any subscription plan. Means you will get our quick and real time support with any subscribed plan just with our availability. We may or may not have a set time or matching time with you for the designer working for you however it’s sure that the designer will daily spend his maximum 4 hours or 8 hours (depending on the terms of subscribed plan) for working days on your projects if you have provided a task (working days will always count for 5 days each week). We suggest you to share pipeline projects in advance at our projects management tool so that your hired designer has always some task to do if you are not available. In the rarest case, if the hired designer is not available due to some urgency it becomes our first priority to immediately adjust a temporary designer so that your work and our committed hours to you should not disturb. However the daily committed hours are not subject to increase or can not shift to a future date in any case. Although some temporary adjustments or favour are open possibilities as goodwill only in case of urgency after Kitesman authorised consent.

(c) Payments

All the subscription plans are subject to advance payment before hiring a Kitesman designer. To subscribe for mentioned plans on Kitesman website, you permit us to redirect you to a third party website for payment submissions. Please note that you must have to check third party website terms of use, privacy policy and related information before any payments. Kitesman will never be accountable or retains no liabilities for third party payment errors/failures or misunderstandings because Kitesman has no checks or rights on third party websites as not owned by Kitesman. Your subscription plan may renew automatically if you have not cancelled it before the last day and Kitesman will not be liable to refund any amount in this case, although Kitesman will work with the lines of subscribed plan if client intentions and interactions are positive. After subscription, your role comes first related to providing tasks to the designer and starts working with Kitesman. Your last day for monthly subscription plan will be the last day of your subscribed month. Your last day to access your files with Kitesman will also be the last day of your subscribed month.

(d) Offers and Discounts

There may be some sessional offers / discounts at Kitesman’s Subscription, Shop or similar places. Each offers / discounts come with its own conditions which buyer should beware or contact us to clear the terms and conditions for the same. The offers / discounts may come and go or change its value including terms and conditions. As each time the factors for offers / discounts become not same, we must need you confirmation / information via email or message that you avail the same offer so we inform you the viability if there is any change. Usualy it works but the statement is for rare cases.

You can avail offer only if there are showing at the related page for complete description.

Referral Program Offer

• Referrer can redeem cash reward or request for discount on his up-coming MONTHLY BUSINESS PLAN within maximum 3 months after his refer buy MONTHLY BUSINESS PLAN
• Same discount is valid against same number of references
• No separate offers are currently running for STARTER PLAN, GROW PLAN, or Shop items other than mentioned within display
• No more than 1 offer can be collectively redeemable

Non- Profit or Charities Offer

• A valid document or identification of Charity or Non-profit organization would required to avail this offer
• No separate offers are currently running for STARTER PLAN, GROW PLAN, or Shop items other than mentioned within display
• No more than 1 offer can be collectively redeemable

New in the family Offer

• No separate offers are currently running for STARTER PLAN, GROW PLAN, or Shop items other than mentioned within display
• No more than 1 offer can be collectively redeemable

Loyalty Offer

• * Customers who already subscribed for atleast 1 plan or buy atleast 1 design in last 6 months comes under Ongoing clients category
• No separate offers are currently running for STARTER PLAN, GROW PLAN, or Shop items other than mentioned within display
• No more than 1 offer can be collectively redeemable

Free Custom Designs Offer

• This offer to provide free help, suggestions, custom designs or technical help or similar is the sole discretion of Kitesman or its authorized personals.
• No contract or promise to continue this service is offered to anyone so no one is authorized ever to force to continue this service anytime or inbetween any project.
• Kitesman will not be responsible in anyway in case of your damages, harassment, loss, misguidance or similar problem occur due to our advice, suggestions, custom designs or technical help or similar conversation.
• Accepting this offer by contacting Kitesman / Pushpinder Rangru for free help would mean that you are aware, have knowledge and accept all terms and conditions to continue with this offer

REFUND POLICY AND OFFERS

You are entitled to cancel your monthly subscription to get 100% refund excluding transfer fees, deductions or third party charges if your refund comes under mentioned rights for new customers in Kitesman website eg. Trail periods. Kitesman will not be liable to pay the amount/fee/commission which will be spent on money incoming and/or refund outgoing. The refund can be request at info@kitesman.com within 10 days in case of GROW plan and within 14 days in case of BUSINESS plan. Kitesman will start processing valid refunds within 2 weeks and it may take 5 to 7+ days to receive by you (after processing complete) depending on the bank or third party who is transferring your amount. The offer of a free trial period is one time offer and valid only for new customers of Kitesman excluding already running customers or already subscribed clients with Kitesman.

ABUSE AND TERMINATION OF ACCESS

Kitesman retains the rights to terminate your access to files with Kitesman in case we found any illegal activities running at your side. We will never be part of any illegal activities and in case you do not disclose the similar fact before indulging us to similar activities by your actions then Kitesman will have the right to terminate our services without any prior notice and refund. Your provided files to Kitesman must be legal and authorised to use. You right to access files including all our commitments will come to an end due to your illegal activities and Kitesman will not be responsible for any type of damages occurred by the action taken by Kitesman and will not be liable or answerable for wrongs done by you. As Kitesman gives due respect to its designers/staff so any action other than a normal/positive working behaviour by your side like abusing language, threat, illegal information sharing, conspiracy, tempt or similar will lead to the termination of your account, subscription, working and financial rights with Kitesman without prior notice and lead to Your all rights with Kitesman will terminate immediately after breach of any express or implied terms and conditions of Kitesman. Hiring or trying to hire a Kitesman designer outside our agency without the written consent of competent authority of Kitesman will also consider as illegal if you first-ever got to know about designer through Kitesman. You can not start fianancial relationships for work with any Kitesman designer other than the owner of Kitesman agency provided that the designer already left the job with Kitesman at least 3.5 years ago. This may lead Kitesman to claim for undue influence and unjust enrichment damages.

CONTENT LIABILITY

Kitesman will not be liable for any damages or compensation due to errors in delivered product/designs which lead to any financial, social, political, domestic, business, mental, spiritual or kind of personal loss. Kitesman works at its best according to the instructions and files sent by clients with no material things excluding designing skills by its own. We strongly suggest you to check and proofread all the delivered work by Kitesman and provide improvements before sending it to the final destination for processing.

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury resulting from negligence
• limit or exclude our or your liability for fraud or fraudulent misrepresentation
• limit any of our or your liabilities in any way that is not permitted under applicable law or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph, and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

CREDIT & CONTACT INFORMATION

This Terms and conditions page was created at termsandconditionstemplate.com generator. If you have any queries regarding any of our terms, please contact us.

Kitesman is located at Bollywood green city, sec 113 SAS Nagar, Mohali, Mohali 160055 – punjab , India. You can ask for any queries by contacting us at our email info@kitesman.com. It’s our first preference to reply our prospective clients or genuine visitors with valid solutions.