Agreement between Drpshippr (operating under Getsalenow, hereinafter referred to as the “Service Provider”) and the “Store Owner” (the Buyer of the Service Plan) outlines the terms, responsibilities, and limitations governing our services. By purchasing any plan or service, the Store Owner agrees to these terms.
1. Scope of Services
1.1 The Service Provider agrees to set up and manage a Shopify website registered with the Store Owner’s email. 1.2 Services will be delivered as per the plan chosen by the Store Owner—Basic, Premium, or Enterprise—as defined on the Service Provider’s official website. 1.3 Services include Meta ads management, product sourcing, logistics coordination, NDR calling, order processing, and campaign management, depending on the selected plan.
2. Responsibilities of the Service Provider
2.1 Ad Account and Campaign Management: The Service Provider will create, manage, and optimize ads to drive traffic and conversions. 2.2 Technical Support: The Service Provider will provide technical assistance strictly within the defined service hours (Monday-Saturday, 11 AM to 6 PM IST). 2.3 Content Management: The Service Provider will manage product listings, landing pages, and product descriptions. 2.4 Account Monitoring: The Service Provider will monitor and update the Store Owner regularly on the store’s performance and campaign metrics within WhatsApp groups for effective communication.
3. Store Owner’s Responsibilities
3.1 Account Credentials: The Store Owner is responsible for providing accurate, complete, and updated account information necessary for platform access and integrations. 3.2 Compliance with Service Guidelines: The Store Owner must comply with Shopify, Meta, and third-party policies and refrain from any activities that may violate these policies. 3.3 Timely Communication: Queries, issues, or requests must be directed exclusively through the assigned WhatsApp group for efficient handling.
4. Limitation of Liability on Third-Party Account Disabling or Bans
4.1 The Service Provider shall not be held responsible if any third-party account (including but not limited to Meta Ad Account or Shopify Store) is disabled, restricted, or banned due to reasons such as policy violations, irregular activities, or unexplained suspensions. 4.2 Meta Account Disabling: If a Meta ad account is disabled due to external policies, the Store Owner is solely responsible for contacting Meta support and resolving the issue. The Service Provider is not liable for ad campaign downtimes or refunds related to this. 4.3 Shopify Store Ban: In the event of a Shopify account suspension or ban, the Service Provider assumes no responsibility. If reactivation requires a new store, additional charges of ₹5,000 will apply. The cost of any new domain purchase shall also be borne by the Store Owner. 4.4 Reactivation Support: The Service Provider may, at its discretion, offer guidance to facilitate reactivation but bears no legal or financial responsibility for outcomes related to bans or suspensions. 4.5 Responsibility for New Ad Accounts: In case of Facebook or Meta ad account bans, the Service Provider is not liable. The Store Owner is solely responsible for providing or arranging a new ad account to resume services.
5. External Costs, Fees, and Charges
5.1 Ad Spend and Platform Fees: All costs related to third-party services, including but not limited to Meta ads, Shopify fees, and any third-party app integrations, will be borne solely by the Store Owner. 5.2 Taxes and Transaction Fees: Any applicable taxes, international transaction fees, or currency conversion fees are the Store Owner’s responsibility. 5.3 External Subscription Services: Fees for any optional third-party apps or plugins, including SMS and email marketing integrations, must be paid by the Store Owner. The Service Provider does not include these costs in its service plans.
6. Limitation on Refunds and Claims
6.1 Refunds for Campaigns: Refunds are only applicable within three days of a campaign launch if no orders have been generated or after ₹3,000 in ad spend, provided terms outlined in section 7.4 are met. 6.2 Exclusion of Refunds for Account Suspensions: No refunds will be issued if a third-party account (e.g., Meta ad account, Shopify store) is disabled or banned due to external factors beyond the Service Provider’s control. 6.3 No Compensation for Bans: The Service Provider is not liable for any business losses, campaign downtime, or operational disruptions caused by third-party account bans.
7. Order Processing and Fulfillment
7.1 The Service Provider will manage all order fulfillment, including coordinating logistics and delivery, based on the terms of the chosen plan. 7.2 NDR (Non-Delivery Report) Calls: Up to three attempts will be made per undelivered order. The Service Provider will make reasonable efforts to minimize RTO (Return to Origin) rates but is not liable for customer non-receipt or refusal of goods. 7.3 Fulfillment Timeframe: Shipping timelines are generally 5-6 days but may vary due to logistical factors, seasonal delays, or uncontrollable events. The Service Provider is not liable for any losses related to delayed deliveries. 7.4 Ad Services for Store Owner’s Own Products: If the Store Owner requests ads for their products, they will handle their own shipping, NDR calls, and RTO management. This service requires an additional monthly fee of ₹50,000 plus 5% of daily revenue, payable daily.
8. Data Privacy and Security
8.1 Data Access: The Service Provider may require access to certain Store Owner data for operational purposes. All data provided will be handled per the Service Provider’s privacy policy. 8.2 Data Loss: The Service Provider is not liable for data loss due to Shopify platform failures, third-party software malfunctions, or force majeure events. 8.3 Confidentiality: Both parties agree to maintain the confidentiality of sensitive information and shall not disclose any proprietary information to third parties without prior consent.
9. Termination and Account Suspension
9.1 The Service Provider reserves the right to terminate services without notice under circumstances including but not limited to: – Frequent Price Changes: Unauthorized and frequent changes to product prices without prior consultation with the Service Provider. – Off-Hours Communication: Pressuring account managers or support staff outside defined service hours (11 AM to 6 PM IST, Monday-Saturday). – Lack of Cooperation: Failure or refusal to collaborate effectively with the Service Provider’s team, which affects project timelines and outcomes. – Unauthorized Reselling: Reselling or distributing the products managed under the Service Provider’s campaigns without prior discussion or consent. 9.2 Termination under these conditions will not entitle the Store Owner to any refunds, and any outstanding payments will remain due.
10. Modification of Terms
10.1 The Service Provider reserves the right to modify the T&C at its discretion, with updated terms communicated to the Store Owner through email or WhatsApp. 10.2 Continued use of services following any modifications constitutes acceptance of the revised terms.
11. Indemnification and Waiver
11.1 The Store Owner agrees to indemnify and hold harmless the Service Provider, its affiliates, employees, and contractors against all claims, damages, or losses arising from actions taken by the Store Owner that violate these Terms or third-party policies. 11.2 Non-Compensation: The Service Provider shall not be held responsible for business losses, brand damage, or legal repercussions resulting from issues within the Store Owner’s control or actions that breach third-party terms.
12. Communication Protocols
4.1 Designated Communication Channels: All communications regarding services and support must take place through the designated WhatsApp group to ensure proper documentation. 4.2 Response Times: The Service Provider will respond to queries within 24 business hours; any delays in response by the Store Owner may result in corresponding service delays. 4.3 Inappropriate Communication: Use of offensive or inappropriate language towards Service Provider staff will not be tolerated and may lead to immediate termination of services without refund.
13. Dispute Resolution and Governing Law
12.1 Any dispute arising from or related to this Agreement will be resolved through mutual negotiation. If unresolved, the matter will be referred to binding arbitration within Agra, Uttar Pradesh, India. 12.2 This Agreement is governed by the laws of India, with jurisdiction solely in Uttar Pradesh.
14. Payment Terms and Fees
15.1 Upfront Payment Requirement: All fees are payable upfront; services will not commence until payment is received. 15.2 Late Payment Fees: Any delay in payment may result in a late fee of 5% per day, applicable to the outstanding balance. 15.3 Non-Refundable Fees: Any fees paid towards consultation, setup, or planning are strictly non-refundable.
15. Performance Disclaimer
9.1 No Guaranteed Results: The Service Provider does not guarantee specific results, including sales targets or ad click-through rates, as these depend on market factors and customer behavior. 9.2 Ad Performance Fluctuations: Ads may perform differently depending on season, audience, and platform algorithms; performance is subject to change without notice, and the Service Provider is not liable for such fluctuations. 9.3 Testing Period: Ads may require a testing period, and the Service Provider reserves the right to adjust ad strategy during this period to optimize performance.
16. Liability Waivers
17.1 No Responsibility for Third-Party Failures: The Service Provider is not liable for downtime, bugs, or errors from third-party platforms or integrations. 17.2 Disclaimer of Warranties: The Service Provider provides no warranties for service outcomes, except as explicitly stated in the plan details.
17. Limitation of Liability for Platform Downtime and Technical Failures
17.1 Downtime and Platform Outages: Drpshippr is not liable for any losses, delays, or disruptions resulting from third-party platform downtime, technical failures, or maintenance activities of platforms used (e.g., Shopify, Meta, Google). 17.2 Service Resumption Efforts: While Drpshippr will make every reasonable effort to resume services promptly in the event of platform disruptions, it cannot be held accountable for any negative impact or delays these disruptions may cause.
18. Force Majeure Clause
18.1 Uncontrollable Events: Drpshippr shall not be liable for any failure to perform its obligations under this agreement if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, cyber-attacks, or other unforeseeable events (“Force Majeure Events”). 18.2 Suspension of Service: In the event of a Force Majeure Event, Drpshippr reserves the right to suspend services temporarily without liability, and all timelines will be adjusted accordingly once normal operations resume.
19. Right to modify Terms and Conditions
21.1 Right to Update Without Prior Notice: Drpshippr reserves the right to modify, amend, or update these Terms & Conditions at its sole discretion without prior notice to the Store Owner. 21.2 Automatic Renewal and Updates: The Terms & Conditions are reviewed and automatically updated every thirty (30) days. By continuing to use Drpshippr’s services after an update, the Store Owner agrees to comply with the most recent version of the Terms & Conditions. 21.3 Responsibility to Review: The Store Owner is responsible for reviewing the Terms & Conditions periodically to remain informed of any changes or updates.
20. Final Acceptance and Acknowledgement
By paying for any service, the Store Owner confirms understanding and agreement with these Terms & Conditions. Non-compliance with these terms may result in service suspension, termination, or loss of access to services.
