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TERMS OF SERVICE (TOS)

Last Updated on November 11, 2022

Introduction

By accessing and using POPCORN IT’s website (www.popcorn.com.bd) or by downloading materials from POPCORN IT website or using any of the services we offer, you agree to abide by the terms and conditions of use detailed below. If you do not agree to be bound by these terms and conditions of use, please refrain from using POPCORN IT website or our services.

Use Of The Site and our Services

References to “we”, “us” or “our” throughout this Website (‘the Site’) pertains to POPCORN IT which operates the Site.

We reserve the right to modify these terms and conditions from time to time without any prior notice, after which the use of our website will be governed by that revised version. You are hence, recommended to check the terms and conditions on the website regularly. Keep in mind that use of POPCORN IT’s services is also subject to, and controlled by, the Agreement subscribed to by the User; and the use of the website is also subject to the Privacy Policy notified on the website.

General Terms

POPCORN IT is an IT services company registered and based in Bangladesh and the project execution (design / development / SEM activities) of all the projects we undertake will be taken place at our development centers in Bangladesh. Our normal working hours are from 10 AM to 6 PM, BST, from Thursday to Tuesday. All Friday and alternative Saturdays (Second & Fourth) will be off for the company. All public holidays in Bangladesh.

Use Of The Site

There is no charge imposed by us for accessing the Site but you are liable to pay the cost of the communications link you used to visit the Site.

Access to the Site may be suspended, restricted or terminated any time. We cannot guarantee that the Site will be error-free and we are not to be held liable for unavailability of the same.

The content of the pages on the website are for general information and use only. It is subject to change without notice.

Neither POPCORN IT nor any third party provides any warranty or guarantee to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose.

POPCORN IT shall not be in any way liable for any inaccuracy, error, defect or fault related to the information and materials found or offered on the website.

Use of any information or materials on the website is entirely at User’s own risk, for which POPCORN IT shall not be liable.

It shall be User’s own responsibility to ensure that any product, service or information available through the website meets the User’s requirements.

Unauthorized use of the website may give rise to claim for damages and/or it will be a criminal offense punishable under the applicable penal law.

Hardware, Equipment, & Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access POPCORN IT Services.
POPCORN IT makes no representations, warranties or assurances that the Customer’s equipment will be compatible with POPCORN IT Services.

Guaranteed Uptime

POPCORN IT guarantees 99.99% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein.
Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in POPCORN IT systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
POPCORN IT’s assessment of downtime begins when Customer opens a support ticket to report the problem.

Links to other websites

POPCORN IT makes no representation of any other websites that you may access through POPCORN IT’s website or which may be linked to POPCORN IT’s website. We are not responsible for the privacy practices of other websites linked from POPCORN IT’s website. Users are required to read the privacy policies or statements of other such websites they visit. Any concern regarding any external link should be directed to the website administrator of the site concerned.

Intellectual Property

All rights related to the Site design, text, graphics and other content, the selection and arrangements are licensed to POPCORN IT. The content of this website is protected by international copyright laws and other intellectual property rights. All company names and logos mentioned in this website are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

POPCORN IT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail at info@popcorn.com.bd

Advertising & Sponsorship

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Site complies with international and national laws. We will not be held responsible for any error or inaccuracy in advertising material.

Confidentiality

We understand the importance of confidentiality to the successful planning, establishment and running of your business. Therefore, we will not use, divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of any customer, prospective customer, or supplier of POPCORN IT, or any of our international distributors. All of us shall endeavor our best to prevent the publication or disclosure of any confidential information concerning such matters.

Applicability Of Materials

We have done our best to ensure that our website complies with international laws. However, we make no representations that the materials on our website are appropriate or available for use in all international locations. Those who visit our website from other locations do so, on their own initiative and are responsible to comply with all applicable laws. If you use our website, browse it or use any material or content or services offered through our website violating any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.

Access To Password Protected Areas

Access to and use of specific areas of this website requiring a password is restricted to authorized users only. These areas are regulated by a separate legal agreement between POPCORN IT and the user. Unauthorized access will be prosecuted.

User Information

We encourage feedback on how to improve this website. Feedback may be e-mailed to info@popcorn.com.bd. Any feedback hence received shall be deemed to be non-confidential and POPCORN IT has the right to use such information in any way we deem to be fit. Users therefore agree that any information provided to us shall not contain defamatory, offensive, threatening, obscene, harassing, infringing or otherwise unlawful material or proprietary material. We shall not be held liable for any such material and we reserve the exclusive rights to remove it from the website without liability.

Disabling Devices

If the user wants to post any content on the website, he/she should refrain from uploading any posting or postings which contain any viruses or other contaminating or destructive devices. We strive to ensure that our website is free from any such viruses/ devices or features but we give no warranty to that effect and will accept no liability whatsoever for any loss or damage suffered by the user.

Liability of Damaging Server

For direct damages, secondary damages, or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability. I the case of the damaging server, the POPCORN IT will provide previous site backup which is taken every week. So, the user won’t face any major issue with data.

Payment Issue

Users can pay through the POPCORN IT multiple Payment method. Here is:
We receive payment with mobile banking gateways bKash, Rocket, Cellpin, Upay and Nagad. In the bank transfer, we accept debit and credit cards. If the user made a payment outside of our payment method, then we’re not liable to proceed with this payment. It will remain unpaid until we receive payment with our official method.

Overdue Payment

Depending on the contractual agreement, a monthly, quarterly, or annual charge will be made. Monthly payments are conducted solely by issuing a debit authorization. All other payments are made by the invoice. Payment is due immediately upon receiving the invoice.

Suspension on Overdue

We’ll send overdue invoices through e-mail (which was provided by the client). If the invoice remains unpaid after 3days of generate service can be paused and no longer use without payment. If users try to use any trick to make the invoice paid without payment, then we can terminate the service with or without any warning.

Terminate of Service

If any invoice remains unpaid for up to 30 days, the service will be terminated automatically. If any offer or free recourse included with the package, this will be remaining as same but free recourse or Offer can be claim within 7 days of order confirmation. POPCORN IT won’t take any liability for losing data of the client in this case. The termination process is automatic so any request can’t be received without payment.

Inappropriately Behave

If the user does any inappropriate behavior with our executive and it happens continuously, the POPCORN IT has full right to take any action against that user. Using slang words, commit a crime, cheat, naughty, disobedient, continuously disturbing with call or message without any valid reason, and trying to crash our service is included in inappropriate behavior.

* These terms of conditions can be updated, change, and deleted as per company planning. But the POPCORN IT authority must inform the users about any update of terms of condition.

Cancellation Policy

To cancel a package, simply access your client area and locate the package you wish to cancel. Click on the icon next to it and select ‘Request Cancellation’ to fill out the form.
If you opt for immediate cancellation, your service will be terminated within 24 hours of submitting the form. It’s important to note that PayPal subscriptions must be cancelled separately.
Please be aware that no other forms of cancellation will be accepted. To avoid being billed for the next cycle, make sure to submit your cancellation request before the invoice is due, and ensure that there are no due invoices at the time of cancellation. If you have a dedicated server, please submit your cancellation request at least 15 days before the renewal date to avoid being charged for the next billing period.

Transfer

Customer may not assign or transfer Customer’s rights or obligations under these Terms without the written consent of POPCORN IT.

Governing Law

Use of this website and any dispute arising out of its use are subject to the laws of Bangladesh. Any legal action or proceedings related to or arising out of this Terms and Conditions shall be settled in the courts.

Contract Revisions

As POPCORN IT evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of outdated products or Services, additional fees, and changes to our policies among others. In some instances, we may provide you with additional notice of updates including but not limited to adding a statement to the website, via the newsletter, or sending you an email notification.

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