Terms & Conditions of Service
- The Terms and conditions contained herein shall constitute and form an entire Agreement (hereinafter referred to as ‘Agreement’) between Digital Vision Technology Pvt Ltd (DVTPL) and the customer.
- Any Clause of the Terms and Conditions if deemed invalid, void or for any reason becomes unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms and Conditions of the Agreement.
2. SERVICES, EXCLUSIONS & PERFORMANCE
- In the event the Agreement gets Terminated for any reason whatsoever before the expiry of the period of one year from the date of the Agreement, than the website, hosting and domain, if so applicable, provided by DVTPL, shall be chargeable by DVTPL and the Customer agrees to pay for the same, in case the Customer intends to continue the use of such website, hosting after the period of one year from the date of this Agreement.
- That Case the advertising budget of the customer is consumed before the expiry of the period of one year from the date of this Agreement than also the customer shall be entitled to use the website, hosting and Domain for the balance period. However in the event the Customer intends to continue the use of such website, hosting and domain after the period of one year from the date of this Agreement than the same shall be chargeable.,
- The Consideration means the cost of the package purchased by the Customer from DVTPL.
- DVTPL reserves the right to charge for any additional work executed by DVTPL.
- The cost of click would includes DVTPL’s charges over and above the actual cost of Click on Google Adwords.
- In the event the Customer agrees to pay the consideration for the services via ECS mode, than the same cannot be cancelled by the Customer amidst the term of the Agreement , unless the Agreement is earlier terminated by DVTPL at its sole discretion or by mutual consent of DVTPL and the Customer.
- Once website is live after the approval of the Customer (which approved cannot be unnecessarily withheld), all the changes requested to DVTPL shall be chargeable on mutually agreed terms, In the event the Customer does not respond regarding the approval of the website, after having sent the same to it, for its approval by DVTPL, within 7 days from the date of it being sent, then the same shall be deemed to have been approved and any changes requested thereafter to DVTPL shall be additionally chargeable. However Client would have an all time CMS access to make changes to the website.
- Customer shall indemnify and hold DVTPL harmless from all claims ,cost, proceeding, damages and expenses (including legal and other professional fees and expense ) awarded against or incurred or paid by DVTPL as a result of or in connection with any alleged or actual infringement of any third party intellectual property right (including copyright )or other right arising out of the use or supply of the information by or on behalf of the customer to DVTPL.
- If the contract is terminated by customer before services under this Agreement are to being executive or are in the process of completion that in such an event ,under no circumstances ,the consideration paid or agreed to be paid by customer ,shall be refundable and the same shall be forfeited in full.
- DVTPL shall be permitted to identify customer, as DVTPL’s client and may use customer name in connection with DVTPL’s marketing initiative.
- Customer agrees and permits DVTPL to make calls and messages on his Mobile and office contact number subsequent to the signing of this Agreement.
- Customer agrees to take virtual number from DVTPL ,for the purpose of running the advertisingcampaign and to enable measurability of the campaign. It is agreed by and between DVTPL and the customer that DVTPL is within its right ,to discontinue the above stated virtual number for the customer ,in the event ,the customer choose not to advertise further. These calls would be recorded for reference and quality purpose.
- DVTPL is authorized to replicate the existing website of customer on its sub-domain and is hereby authorized to make such changes as may be required for the betterment of the delivery of the advertising campaign.
- Clients agrees to do all the requisite changes recommended by DVTPL on its website in order to enhance the advertising campaign performance
- Customer authorize DVTPL to make critical decisions like daily Budget ,CPC , keywords ,GEO Network / devices for the enhanced performance of the advertising campaign.
- DVTPL makes no representations, warranties or guarantees of any kind as to the level of sales, purchases, clicks, sales leads or other performance that customer can expect from advertising campaign through DVTPL. Any estimates provided by DVTPL to the customer are not intended to create any binding obligations or to be relied upon by the customer and the same are mere estimates.
- DVTPL will not be liable for any loss of profit, loss of contract, loss of use, or any direct and /or indirect and/or any consequential loss, damage or expense sustained/incurred by the customer as a result of any acts or omissions or information or advice done /given in any form by or on behalf of the DVTPL to the customer and the customer is advised to make its own inquiries and use its own best judgment and /or intellect before taking any decision regarding the same
- In addition to the above it is further agreed that the customer shall be solely liable for any loss or damage, whether monetary or otherwise ,suffered by it ,as a result of any change effected by it, on its own , in the website by using CMS and DVTPL shall not be held liable on any account what so ever.
- Customer would be provided access to reporting interface by DVTPL, showcasing all the critical performance parameters however DVTPL accepts no liability based on performance.
- Neither party will be liable to the others, for any delay or failure to fulfill obligations set forth in this agreement caused by force majeure reasons or circumstances beyond their control.
- Any notice send by the customer with respect to this agreement has be in writing and has to be sent through registered post at the following address :
- In case of any query the customer can contact the accounts Manager of DVTPL between 10 Am to 6 Pm between Monday to Friday on the phone number given on the face of the present invoice.
Digital Vision Technology Private Limited, C 63, Sec-2 Noida -201301.
10. SERVICES, EXCLUSIONS & PERFORMANCE OF THE SERVICES AS MAY BE APPLICABLE
- In the event the advertisement requirements requested by the Customer fall within the restricted category of the Third Party or are not supported by Third Party or are against the policy of Third Party the DVTPL shall have the right to refund the balance consideration paid by the customer.
- DVTPL’s website designing solution are not be given along with FTP user name and password (File Transfer Protocol).
- Keywords suggested by DVTPL are for suggestive purpose only and the final keywords .on which ads will run may differ to provide best possible results to the customers.
- Once the daily budget of the customer is exhausted, the ads will stop appearing on search/ display platforms. It will restart again on the next day this will continue until your total budget is spent.
FACEBOOK PAGE MANAGEMENT
- The customer undertakes to notify new announcements at least 3(Three) working days in advance.
- It is agreed and understood by the customer the once the content calendar is approved by the Parties to the Agreement than the same cannot be changed.
- The Customer undertakes to provide substantial answers to DVTPL in order to answer any quires posted on the page.
- The Customer By virtue of this Agreement undertakes to provide to DVTPL sole administration rights of its social pages.
E- COMMERCE & CUSTOM WEBSITE
- Any third party application such as Payment gateway, shipping gateway, SMS gateway, SSL certificate or stock photos will need to be purchased by the Customer and they shall own the copyright to these materials. Customer will retain the ownership of aforesaid mentioned third party applications.
- It is agreed and understood by the Customer that DVTPL shall integrate only one payment gateway in the present scope of the work.
- It is agreed and understood by the Customer that the Hosting (server size and cost) is subjective to the website size.
- It is agreed and understood by the Customer that the regard to the Browser compatibility the website shall be compatible in IE8, Google chrome 12.x, Mozilla Firefox 4.x
- It is agreed and understood by the Customer that the website will be compatible on Windows OS only. Further the Website will be 95% compatible on other operating systems.
- It is agreed and understood by the Customer that website will have only 1 admin. No sub-admin or rights management for backend modules shall be provided
- DVTPL undertakes that the website shall adhere to W3C validation as far as possible.
EMAILS DOMAIN & HOSTING
- If the Customer wishes to engage DVTPL for the services relating to only email or hosting solutions than in such event the Customer would be need to point NS1 and NS2 of the said domain to the server of DVTPL
- In the event the Customer is changing his current hosting to that of DVTPL hosting, than the Customer must download his existing emails in outlook or else he’ll lose those emails and DVTPL shall accept no responsibility of the same.
- Customer would only be provided with a CMS where he can do the requisite changes website. Since it’s proprietary software therefore DVTPL shall provide the FTP details.
- Only domains with “.co.in”, “.in” and “.com”are available in this package.
SEARCH ENGINE OPTIMISATION (SEO)
- IFTP details of the site should be provided by the Customer in case the website is not built by DVTPL.
- Keywords once chosen cannot be changed during the entire duration of the project. If changed, there is an Extra Cost. Each keyword shall cost 10% of total project cost regardless of the timeline of the project.
- Our performance shall be judged by improvement in ranking of the keywords.
- Keyword shown once on the first page will be considered as an accomplishment.
- By the end of the duration, all the Keywords would have ranked on first page atleast once. If not than DVTPL undertakes to keep working for that keyword free of cost.
- If any changes are done on the website without prior notice and approval of DVTPL, than the responsibility of DVTPL for the accomplishment shall cease. In such a scenario, the on page optimization would have to be done again,
- Which would attract the set up cost and the same shall be payable by the customer.
- SEO Packages cover SEO for only 1 Search Engine (eg. Google.co.in). SEO for more than 1Search Engine would be taken as different package altogether.
- Due to changes in the Search Engine Algorithm there is a possibility of fluctuations in the ranking. Though DVTPL will work towards getting the ranking back and incorporate necessary changes in the strategy, but will not be responsible for any time delay in this process.
- In case client decides to terminate the contract before completion go minimum duration, DVTPL shall not be liable to meet the deadlines.
- DVTPL undertakes to provide to the Customer regular reports on a monthly basis.
- The Customer and shall supersede all prior commitments if any, agreements, communications, discussions relating to the services covered herein and particularly mentioned on the face of this Agreement.
- The charges/considerations mentioned on the face of the agreement are only for the proposal submitted by DVTPL to the customer and any scope of work not covered in the proposal shall be charged extra.