TERMS & CONDITIONS OF USE OF FRESH PROPOSALS SOFTWARE SERVICES

Updated on 4th January, 2021

Welcome to Fresh Proposals – online business proposals software. (“Fresh Proposals” or “FreshProposals” or FreshProposals.com). We are excited to welcome you as a user of the tool, services. Fresh Proposals software, websites and related services (“Service”) are, subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.

We reserves the right to update and change the Terms of Service at any time without notice. We will continue to introduce new features to augment or improve current Service, by the way of releasing new tools and resources, shall be subject to the Terms of Service. Continuing to use the Service after any such changes imply your consent to such changes in tool and resources.

Violation of any of the terms below will result in the termination of your account. While Fresh Proposals prohibits ill-intended conduct and prohibitive content using our service the service, you understand and agree that Fresh Proposals cannot be held responsible for the content posted on the Service. You agree to use the Service at your own risk. Should you disagree with any of the Terms of Use, Services, you must not use the service. However we’d like to hear your views, do reach out to us using our support portal.

Terms of Creating, Using, Terminating Account 

  • You must be human, of age more than 14 years.
  • Registering new Accounts by bots and other automated methods are not allowed.
  • Fresh Proposals may communicate with you via email or phone call or chat-messaging platform regarding your account, updates to product/service, news, and or other issues related to your account. You automatically get subscribed to our mailing lists and newsletters. You may choose to opt out from receiving emails.
  • You are responsible for maintaining the security of your account and password. Protecting credentials of your account is your responsibility. Fresh Proposals cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content posted and activity that occurs under your account (even if the content is user generated) – be it in the live chat, help desk, phone or social. Fresh Proposals takes no responsibility from the legal issues arising from user generated content.
  • We reserve the rights to accept or refuse to any potential client. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services.
  • You are required to provide your legal full name, a valid business email address, and any other information requested in order to complete the sign up process
  • We have a soft limit on all our plans and should we believe that you are abusing the service, we may temporarily suspend your account and will seek your cooperation in this regard. In certain situations if we conclude about the ill-intent of the user that may impact/affect other users or functioning of the system, we may terminate your account without any notice.
  • We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content or intent would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Terms of Payments, Refunds, Upgrading and Downgrading Account

  • A valid credit card is required to pay and upgrade your Fresh Proposals accounts.
  • Paid Plans
    • Monthly subscription: Fresh Proposals monthly subscription is a month-to-month, pay-as-you-go service. You will be billed for every 30 days of service. You may cancel our service any time and you won’t be charged again, but you are solely responsible for the charges already incurred.
    • Yearly and bi-yearly subscription: Since we offer generous discounts for our yearly and bi-yearly plans, we offer no refunds on these plans. You may cancel the service anytime and you won’t be charged again. You are, however, solely responsible for the charges already incurred.
  • No refunds will be made from Fresh Proposals on any of the Monthly, Yearly & Bi-Yearly plans.
  • You are responsible for whatever charges have been incurred. Due to equality policy for our customers, no exceptions will be made.
  • For any upgrade or downgrade in plans, your credit card will automatically be charged with the new plan rate on and from your next billing cycle.
  • Downgrading your Service may cause the loss of content, features, or capacity of your account. Fresh Proposals does not accept any liability for such losses.
  • Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns

Terms of Subscription Cancellation and Account Termination

  • The account owner is the only authorized person who can cancel an account. You are solely responsible for properly canceling your account. Any email/ phone/ contact request to cancel account will not be entertained. Please ensure that the cancelation requests are made only through the online support/ help portal.
  • Account cancellations typically take about 2-3 business days to be processed. Hence you are required to intimate Fresh Proposals at least one week in advance in order to cancel your subscription.
  • Once your account is canceled, all your account information will be permanently deleted. You won’t be charged again after your official cancelation date.
  • Fresh Proposals, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Fresh Proposals service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account. Fresh Proposals reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  • Fresh Proposals reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to subscription plan fees of the Service, are subject to change without notice from us. Fresh Proposals shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

Service Availability, Backups

  • We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups to minimize the impact and downtime.
  • We use third party cloud services, tools and services. We will do our best to ensure maximum availability of the services. In the event of hardware failure or any other failure causing service disruption, we will perform to the best of our abilities to restore the service as early as possible. In such cases, Fresh Proposals and its affiliates, business associates, partners can not be held responsible as mentioned in the section below “Limitation of Liabilities”.

 

Accuracy of information

  • Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order).
  • We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law.
  • No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

 

Copyright and Ownership

  • Fresh Proposals owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which Fresh Proposals or its suppliers own.
  • Fresh Proposals claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.

 

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
  • (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (i) for any obscene or immoral purpose; or
  • (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Disclaimer of warranty

  • You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk.
  • We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
  • You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
  • We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
  • No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 Limitation of liability

  • To the fullest extent permitted by applicable law, in no event will Fresh Proposals, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
  • To the maximum extent permitted by applicable law, the aggregate liability of Fresh Proposals and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Fresh Proposals for the prior one month period prior to the first event or occurrence giving rise to such liability.
  • The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Fresh Proposals and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

  • All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
  • If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

General Conditions

  • Your use of the Service, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  • You understand that the Service can be used for transmission of your Content, and that during processing, your Content may be transferred unencrypted over the internet.
  • You understand that Fresh Proposals uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.
  • You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the explicit written permission of Fresh Proposals.
  • You may not use the service to store, host, or send unsolicited email (spam), chats or SMS messages. Fresh Proposals is Anti-Spam compliant and does not authorize or permit spam to be sent out via the automation service by you. If there is evidence of spam, your services might be suspended without notice. Accidental spam must immediately be reported to Fresh Proposals to prevent suspension.
  • You may not use the service to transmit any viruses, worms, or malicious content.
  • Fresh Proposals makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
  • Fresh Proposals, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service.
  • Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  • If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  • Fresh Proposals may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • The Terms of Service sets forth the entire understanding between you and Fresh Proposals as to the Service, and supersedes any prior agreements between you and Fresh Proposals (including, but not limited to, prior versions of the Terms of Service).
  • Any questions regarding the Terms of Service should be addressed to care {at} Fresh Proposals {dot} com

 

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