Panthersway Terms & Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern the provision of website and digital marketing services (“Services”) by Panthersway (“Company,” “we,” “us,” or “our”) to the client (“Client,” “you,” or “your”) as outlined in the Service Agreement or Proposal. By engaging our Services, you agree to be bound by this Agreement.

2. Services

The specific Services to be provided by Panthersway will be detailed in the Service Agreement or Proposal. These may include, but are not limited to:

• Website Design and Development: Creating and maintaining websites, including design, coding, content management systems (CMS), and hosting.
• Web Development: Designing and developing websites and web applications.
• Digital Marketing: Implementing digital marketing strategies, including SEO, PPC, social media marketing, and content marketing.
• Search Engine Optimization (SEO): Improving website visibility in search engine results pages (SERPs).
• Pay-Per-Click (PPC) Advertising: Managing online advertising campaigns on platforms like Google Ads and social media.
• Social Media Marketing: Creating and managing social media content and campaigns.
• Content Marketing: Developing and distributing valuable, relevant, and consistent content to attract and engage a target audience.
• Email Marketing: Designing and executing email campaigns to nurture leads and drive conversions.
• Website Hosting: Providing server space and resources for hosting Client websites, including data storage, email accounts, and other related services.
• Technology Consulting: Providing expert advice on technology solutions to meet your business needs.
• IT Services: Offering IT support, network administration, and cybersecurity services.
• Cloud Solutions: Providing cloud-based services, including infrastructure as a service (IaaS), platform as a service (PaaS), and software as a service (SaaS).
• Mobile App Development: Creating mobile applications for iOS and Android devices.

3. Client Responsibilities

• Providing Information: You agree to provide accurate and complete information necessary for Panthersway to perform the Services.
• Content Approval: You are responsible for reviewing and approving all content created or published as part of the Services.
• Website Access: You will provide Panthersway with necessary access to your website and hosting accounts.
• Timely Feedback: You will provide timely feedback on deliverables and requests to ensure project timelines are met.

4. Payment

• Payment Terms: Payment terms will be outlined in the Service Agreement or Proposal and may include upfront fees, progress payments, or recurring fees.
• Late Payments: If payment is not received by the due date, Panthersway will send at least one notification via email to the Client’s primary contact email address. If the Client does not respond to that notification, the following actions will be taken:
  
  • Account Suspension: 3 days after the due date, the Client’s account will be disabled. All web, email, FTP, and other access to the account will be non-functional. The account will be reactivated within 72 hours of disablement, upon receipt of payment plus a $25.00 account reactivation fee.
  • Account Cancellation: If payment is not received by the hosting period start date, the account will be queued for automatic cancellation and deletion.  
  • Account Reactivation After Cancellation: Once an account has been placed in the cancellation queue, it must remain disabled for at least 36 hours. After 36 hours, but before 7 days, the Client may request reactivation of the account by paying the account balance plus a $75.00 account restoration fee. After 7 days, the account is officially canceled, and all files associated with the account are permanently removed from the servers.
• Minimum Hourly Floor: Panthersway needs to employ and retain talented digital marketers, developers, designers, etc., along with leveraging our technology infrastructure to keep our clients at the forefront of the industry. Panthersway keeps a floor of $100 an hour, which the hourly rate of our service package & plans cannot fall under for more than a three-month span. If Panthersway employee recorded time calculates to less than $100 an hour for services provided, Panthersway will notify the Client that (a.) the fees for our plans & packages will be increased above company hourly rate floor levels (b.) the fees the Client is paying remain the same, but a decreased scope of work needs to be agreed on by both parties (c.) Panthersway can no longer support the provided services, and both parties agree to separate at the end of the month when a notice was provided by Panthersway, with Panthersway completing any remaining deliverables and the Client paying all invoices for the current month when a notice was provided and any invoices which are still open.  
    

5. Intellectual Property

• Company’s Ownership: Panthersway retains ownership of all intellectual property rights in any materials created specifically for the Services, including website designs, code, and marketing materials, except for any Client-provided content.
• Client’s Content: You retain ownership of any content you provide to Panthersway, but grant Panthersway a license to use it for the purpose of providing the Services.
• Third-Party Materials: You are responsible for obtaining necessary licenses or permissions for any third-party materials used in the Services.

6. Confidentiality

Both parties agree to keep confidential any information disclosed by the other party during the course of the Services, except as required by law.

7. Warranties and Disclaimers

• Company’s Warranties: Panthersway warrants that the Services will be performed with reasonable skill and care.
• Disclaimer of Warranties: Panthersway makes no other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.  
• No Guarantees: Panthersway does not guarantee specific results from the Services, such as search engine rankings or website traffic.
• Uptime Determination: For website hosting services, Panthersway offers a 99% uptime guarantee over a one-year period, measured from the date of signup. Third-party website monitoring will be used to determine uptime.

8. Limitation of Liability

• Indirect Damages: Panthersway will not be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or related to the Services.  
• Total Liability: Panthersway’s total liability to you for any claim arising out of or related to the Services will be limited to the amount of fees paid by you for the Services in the twelve (12) months preceding the claim.

9. Termination

• Termination for Breach: Either party may terminate this Agreement for material breach by the other party.
• Termination for Convenience: You may terminate this Agreement for convenience upon written notice to Panthersway after the initial six (6) month term by submitting written notice fifteen (15) days prior to the ending month of the initial term. For cancellation or downgrade of monthly recurring services after the initial term period, Panthersway only requires written notice fifteen (15) days prior to the end of the calendar month of service. Written cancellation submissions received within fifteen (15) days of the end of the recurring monthly services calendar month will occur at the end of the following monthly services calendar month. During this ending monthly services calendar month, Panthersway will complete all monthly services.
• Panthersway Cancellation: Panthersway reserves the right to cancel any or all provided services at any time. Panthersway agrees to provide the client written notice of canceled services, software, hosting, or projects with a services end date on the last day of the month, for the month when the written notice was provided. Client agrees to pay Panthersway for all services, software, hosting, projects, or portions of projects completed during the month when written notice of cancellation was provided by Panthersway.
• Effect of Termination: Upon termination, you will pay Panthersway for all Services rendered up to the date of termination.

10. Changes in Fees and Plans

To keep client services and Panthersway digital strategies innovative in an ever increasingly competitive and ever-changing online marketplace, Panthersway annually adjusts our services packages pricing, plan and package deliverables, software subscription fees, and our hourly rates. These changes will become effective as of the first day of the renewal of your service term (unless otherwise agreed in writing with Panthersway). For clients who do not have a fixed service term, the effective date will be the first day of the following month after the Change in Fees has occurred and has become visible on the Panthersway website. Panthersway will notify you of a change in service pricing by email or by mail or via your customer dashboard. If you are not happy with the change, you can cancel services by following the procedure in paragraph 9. If you don’t cancel the Services, we will assume that you agree with the change.

11. Non-Solicitation and Non-Hire

During the term of this Agreement and for a period of two (2) years following the completion of the Project and any future services, the Client shall not, directly or indirectly, solicit, recruit, or hire any current or former employee, consultant, or contractor of Panthersway, or encourage any such individual to leave their employment or engagement with Panthersway, without obtaining prior written consent from Panthersway. This restriction applies to any form of employment, consulting, or other business relationship, whether full-time, part-time, or on a contract basis. The Client acknowledges that any breach of the non-solicitation and non-hire provision would cause substantial and irreparable harm to Panthersway, and that monetary damages alone would be insufficient to compensate Panthersway for such harm. Therefore, in the event of a breach or threatened breach of this provision, the Client agrees to pay Panthersway liquidated damages in an amount equal to the greater of: (a) the total compensation paid by the Client to Panthersway under this Agreement during the twelve (12) months preceding the breach, or (b) the total annual compensation of the solicited or hired individual at the time of the breach. The Client agrees that these liquidated damages are a reasonable estimate of the damages Panthersway would incur and are not a penalty.

12. Non-disparagement

During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with Panthersway, both parties agree to take no action which is intended, or would reasonably be expected, to harm the other party or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the other party.  

When you are in contact with us by phone, the call may be monitored or recorded for quality assurance purposes. Your continued participation in any telephone or web meeting conversations serves as express consent to be monitored or recorded.  

• User-Supplied Content: All services provided by Panthersway may be used for lawful purposes only. Client is solely responsible for any content published or displayed on Panthersway’s servers and agrees not to submit, publish, or display any content that is defamatory, inaccurate, abusive, obscene, infringing, threatening, or violates any applicable laws.
• Prohibited Content and Activities: The following are strictly prohibited on Panthersway’s servers:
  
  • Pornography and sexually explicit content
  • Illegal activities
  • Hate speech or discrimination
  • Copyright infringement
  • Spamming
  • Hacking or unauthorized access
  • Distribution of malware
  • Content that disrupts server performance or network integrity
• Network Security: Client may not attempt to circumvent security measures, gain unauthorized access to accounts or servers, or engage in any activity that could harm or disrupt Panthersway’s network or other networks.
• Server Resources: Client websites must not excessively consume server resources (CPU, memory, bandwidth). Panthersway reserves the right to take action if resource usage negatively impacts server performance.
• Internet Relay Chat (IRC): IRC servers, bots, or BNCs are not permitted on Panthersway’s servers.
• Unsolicited Email (Spam): Sending unsolicited bulk email or spam is strictly prohibited. Panthersway may terminate accounts involved in spamming activities.
• Server Abuse: Any attempt to undermine or harm Panthersway’s servers is prohibited and may result in account termination.

15. Domain Name Registration

• Separate Service: Domain name registration is a separate service from web hosting. Clients are responsible for registering and renewing their domain names and for paying all associated fees.
• Panthersway’s Assistance: Panthersway will provide reasonable assistance with domain name registration and management, including submitting registration requests and updating DNS records.
• Possessory Lien: Panthersway maintains a possessory lien on Client’s domain name and files in case of unpaid fees.

16. Future Services

Future services performed for the Client, whether hourly or quoted, will be subject to the provisions of this Agreement.

17. Modification

Panthersway may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of Panthersway’s services and products after such a change will signify your assent to be bound by such changes. The Client is responsible for periodically reviewing this website to review the current Terms and Conditions.  

18. Assignment

The Client may not assign this Agreement or its rights and obligations under this Agreement or the Terms and Conditions without the written consent of Panthersway.

19. Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to this Agreement will be settled through [Dispute Resolution Method, e.g., arbitration in [City, India], mediation, or litigation in a court located in [India]].   

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.  

21. Amendments

This Agreement may be amended only by a writing signed by both parties.

22. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.  

23. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the mail, postage prepaid, or sent via email at hello@panthersway.com

24. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

25. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations hereunder due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, and governmental regulations.  

Client agrees to indemnify and hold Panthersway harmless from any and all claims, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, arising out of or relating to:

• Client’s use of the Services;
• Client’s breach of this Agreement;
• Any content submitted, published, or displayed by Client;
• Any infringement of intellectual property rights caused by Client’s content or use of the Services.

27. Refund Policy

27.1. Eligibility for Refund
Refunds may be requested under the following conditions:

• Services or products purchased do not meet the specifications outlined in the agreement.
• Technical issues prevent you from using the services or products as intended, and a solution cannot be provided within a reasonable time frame.
• If you cancel the project before work has commenced, a full refund may be applicable.

27.2. Refund Process

• Requests for refunds must be submitted in writing via email or our online contact form, including the reason for the request and any supporting documentation.
• Refund requests will be reviewed on a case-by-case basis.
• If your refund request is approved, the refund will be processed within 10 business days.

27.3. Non-Refundable Services
Certain services are non-refundable, including:

• Services that have been completed and delivered as per the project agreement.
• Custom-developed websites, branding, or digital marketing campaigns once they are launched or have been used by the client.
• Subscription-based services, where payment is made for a set period.

27.4. Cancellation Policy

• If you decide to cancel a project after work has started but before completion, a partial refund may be issued based on the work completed up to that point.
• If the project is canceled after the final deliverable has been submitted, no refund will be issued.

29. Contact Us

If you have any questions regarding these Terms, please contact us:

• Email: hello@panthersway.com
• Office Address: A/21, Shreyas Apt., Azad Nagar, Wanowrie, Pune – 411040
• Number: +91 9923590600