Terms & Conditions
Services agreement No 02/0110202
Last update: May 1, 2025
Pursuant to these Terms and Conditions, atexsell, the company incorporated and acting under the laws of Bangladesh and Wales, registration number: 640073, having its registered office at Ullapara bazar, Ullapara. Sirajgonj. Bangladesh renders the services specified in the invoice to the Customer.
1. Acceptance of Terms
The Services are offered and provided subject to your acceptance of the terms and conditions contained herein and all other policies (including, without limitation, Privacy Policy, Refund Policy) and procedures that can be published from time to time by atexsell related to the Services, which shall be incorporated herein by reference. By receiving and using the Services, you agree to the Terms and Conditions herein.
2. Changes
We may make changes to the Terms and Conditions and/or our policies and/or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes to the Terms and Conditions by posting the updated Terms and Conditions on the website of (atexsell), and we will revise the “Updated” date above. It is your responsibility to review the Terms and Conditions frequently and to remain informed of any changes to them. The then-current version of the Terms and Conditions will supersede all earlier versions. You agree that your continued receipt and use of the services after such changes have been published will constitute your acceptance of such revised Terms and policies and/or procedures (as applicable).
3. Definitions
3.1. Contractor – Atexsell, rendering the Services.
3.2. Customer – the legal entity or natural person ordering the Services via invoice or payment form.
3.3. Agreement – the agreement between the Contractor and Customer per these Terms and the Invoice.
3.4. Services – the monthly Services (applicable Atexsell.com monthly plans) described on atexsell and specified in the Invoice or via payment processor.
Paying the monthly Services for the first time implies the Customer has agreed to a monthly subscription plan. The Customer’s card will be charged monthly unless cancellation notice is sent at least 3 calendar days before renewal, via email to atexsell@gmail.com or via what’s app
3.5. Additional Services – services outside Atexsell.com monthly plans, listed on the invoice.
3.6. Party to the Agreement – either the Contractor or the Customer.
3.7. Parties to the Agreement – both Contractor and Customer.
3.8. Business Day – Monday to Friday, excluding public holidays in Bangladesh.
4. Entering into Force of the Agreement
4.1. Posting or presenting these Terms (e.g., on atexsell) constitutes an offer.
4.2. Agreement is entered when the Customer pays 50% upfront as specified in the Invoice.
4.3. Payment implies full agreement to all policies including Privacy and Refund.
4.4. No need for paper form or handwritten signature.
5. Scope of the Agreement
5.1. Contractor grants access to Services/Additional Services upon legal grounds per 3.2.
5.2. Scope is defined by the Invoice.
5.3. Contractor may involve third parties.
5.4. Key points may be detailed in Invoice.
5.5. Tasks are executed one at a time upon Customer request.
5.6. Services are rendered Mon–Fri, 9:00–18:00 GMT+2. Public holiday notice: 3 days in advance.
5.7. Communication is via Trello. Access is given based on valid emails from the Customer.
Unlimited tasks and revisions are accepted, but delivery depends on volume and complexity. Avoid time-sensitive use. Completed results stay on what’s app for 1 month, then may be deleted. Customer must report errors within 2 days for guaranteed correction.
5.8. Upon request within 1 month, original files are transferred to the Customer.
5.9. Trello responses are expected within 4 hours during business hours. A project manager is assigned.
5.10. If tasks exceed one month or are delayed due to Customer, service continues into the next month and charges apply.
5.11. Booking specific designers requires 50% prepayment 7 days in advance.
5.12. Initial payment activates a monthly subscription. Cancellation must be sent via atexsell@gmail.com or what’s app at least 3 calendar days before renewal.
5.14. Pausing does not delay renewal date. Paused time is added to the final month of the subscription cycle.
5.15. Pause allowed for up to 7 days, only in the 3rd month, and requires 3 business days’ notice.
5.16. Design task resource allocation is up to 4 hours/day per monthly package unless otherwise agreed.
6. Rights and Obligations of the Parties
6.1. Contractor Rights:
Refuse illegal requests.
Suspend or terminate service if Customer fails obligations.
Terminate with 10-day notice and refund for unrendered services.
6.2. Contractor Obligations:
Deliver services as per Invoice and Customer compliance.
Maintain confidentiality.
6.3. Customer Rights:
Demand efficient service.
Request refund within 7 days of payment. Refunds may be denied if service has started, task was accepted/revised, abuse is suspected, or discounts were used. Refund forfeits usage rights of work results.
Terminate with 10-day notice. If termination occurs after work has begun, Contractor may deduct a fine equivalent to undelivered services.
6.4. Customer Obligations:
Pay per Invoice.
Provide necessary information.
Avoid disrupting software/network operations.
Maintain confidentiality.
6.5. Liability
Parties are liable for non-fulfillment or improper fulfillment under laws of England and Wales.
7. Payment for the Services
7.1 – Service fees are either:
Listed on the official website’s pricing plan; or
Agreed upon via written communications (email or messaging platforms like Telegram, Slack, etc.).
7.2 – 50% prepayment is required for both regular and additional services. Payment can be made via:
Payoneer Payment System.
7.3 – Payment is considered made when funds (including crypto) are received by the Contractor.
7.4 – Monthly subscription model:
First-time payment activates an automatic subscription.
Card is charged monthly unless the Customer opts out at least 3 days before the renewal, via email or what’s app.
7.5 – Onboarding days during the 30-day subscription extend the service duration accordingly, but billing continues on a 30-day cycle.
🔍 Observations:
The payment structure is rigid—no refunds or partial payments are mentioned.
Subscription opt-out process depends on Customer’s proactive notice; failure to do so results in continued charges.
8. Service Acceptance Procedure
8.1 – Services are confirmed complete through a unilateral Service Delivery Report prepared by the Contractor.
8.2 – Services are deemed accepted if the Customer does not file a complaint within 5 business days after service completion.
8.3 – Intellectual Property:
Exclusive rights transfer to the Customer upon delivery.
Contractor may still use the work, Customer’s name, and logo in its portfolio, for marketing or promotional purposes.
🔍 Observations:
The unilateral report mechanism may limit the Customer’s ability to dispute service quality later.
Contractor retains extensive portfolio rights, which may be concerning for clients with sensitive branding or confidentiality needs.
9. Disclaimer of Warranties and Limitation of Liability
9.1 – No warranties are provided beyond what’s stated:
No guarantee of uninterrupted, error-free service.
Liability for service delays or inaccuracies is explicitly disclaimed.
Any legally required warranties are capped at 60 days.
9.2 – Limitation of Liability:
Atexsell not liable for special, incidental, or consequential damages, including loss of profits or data, even if advised in advance.
🔍 Observations:
This section heavily limits legal recourse for the Customer in case of service failure or loss.
Customers should consider insurance or backup strategies for critical projects.
10. Indemnity and Warranty
10.1 – The Customer agrees to indemnify atexsell against:
Violations of terms,
Fraud, negligence, or data privacy breaches.
Contractor reserves the right to take over the legal defense, and Customer must cooperate.
10.2 – Non-Sanctioned Status:
Customer and related entities must not be on sanctions lists (UK, EU, US OFAC, etc.).
If sanctions apply mid-service, Hide Corporation Ltd may terminate immediately without liability, but with payment due for prior work.
🔍 Observations:
Strong compliance requirement; could affect international clients.
Customer assumes legal and financial risk for violations or blacklisting.
11. Miscellaneous
11.1. Entire Agreement
The Terms & Conditions, Privacy Policy, Refund Policy, and related policies make up the entire binding agreement.
Any conflicting agreements must be explicit and in writing.
🔍 Implication: No verbal agreements or side promises are valid unless formalized in writing.
11.2. Governing Law
Laws of Bangaldesh and Wales govern the contract and any disputes.
Both parties are subject to the legal system of the BD for obligations and remedies.
11.3. Jurisdiction & Dispute Resolution
Disputes must first attempt to be resolved through negotiation and written pre-trial claims.
If unresolved, legal proceedings must be pursued exclusively in the Courts of Bangladesh.
A strict 1-year statute of limitations applies to any legal claims.
🔍 Implications:
Favors the Contractor (London-based jurisdiction).
1-year claim deadline is shorter than most default legal periods in many countries.
All claims must start with a written postal complaint, which could delay resolution.
11.4. Electronic Signatures
Documents signed electronically (e.g., via DocuSign, PandaDoc, facsimile) are legally binding, just like wet ink signatures.
🔍 Modern, efficient approach—widely used in digital contracts.
11.5. Communication
Legal communications must go to:
Customer: the email specified on the invoice.
Contractor promises a response within 10 business days.
🔍 Important: Other email addresses (e.g., sales@, help@, etc.) are not legally recognized.
11.6. Reference Use
The Contractor can use the Customer’s name, trademark, and logo to identify them as a client in marketing materials.
🔍 Note: This is a broad and royalty-free license for branding and PR usage.
11.7. Severability
If any part is legally invalid, the rest remains in force.
Courts are to interpret invalid clauses to reflect the parties’ original intent.
11.8. Assignment
Customers may not assign their rights to others without permission.
Contractor may assign freely to any third party, and the terms will carry over.
🔍 One-sided flexibility: Contractor can transfer contracts, but Customer cannot.
11.9. Force Majeure
Neither party is liable for failure to perform due to events beyond their control, like:
Natural disasters, pandemics, war, terrorism, new regulations, etc.
The impacted party must promptly notify the other and prove the event’s impact.
11.10. Survival
Terms that logically should survive the contract’s end—such as liability limits and indemnity obligations—will remain in effect.
11.11. No Waiver
Delays or failures to enforce any rights under the agreement do not count as waivers.
Partial enforcement does not limit full future enforcement
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