Welcome to DigitalGrafiks's website (the "Website"). These Terms and Conditions ("Terms") govern your use of our digital marketing services (the "Services") and your interaction with this Website. By accessing this Website, engaging our Services, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our Website and Services.
Digital Grafiks offers a range of digital marketing services, including but not limited to:
The specific scope, timelines, deliverables, and fees for any Services will be outlined in a separate formal agreement, proposal, or contract (the "Agreement"). These Terms apply generally to all our Services, and the Agreement will supersede these Terms in case of any direct conflict regarding the specifics of a project.
Any delays in the provision of information, approvals, or payments caused by you may result in adjustments to project timelines and may be subject to additional charges, as determined by DigitalGrafiks.
Any modifications or changes to the agreed-upon scope of Services must be documented in writing and signed by both parties (a "Change Order"). Change Orders may result in adjustments to timelines and fees. We reserve the right to refuse requests for modifications that are not feasible or are outside the scope of our expertise.
While we utilize industry best practices and strive to achieve your marketing goals, you acknowledge that digital marketing outcomes are subject to numerous factors beyond our direct control, including but not limited to:
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared between them during the course of the engagement ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, financial information, customer data, marketing strategies, and unpublished materials. This obligation of confidentiality will survive the termination of the Agreement. Neither party will disclose the other's Confidential Information to any third party without prior written consent, except when required by law.
To the maximum extent permitted by applicable law, [Your Digital Marketing Company Name]'s liability to you for any claims arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid by you to [Your Digital Marketing Company Name] for the specific Services that gave rise to the claim in the [Specify preceding timeframe, e.g., six (6) months] immediately preceding the date the claim arose.
In no event shall [Your Digital Marketing Company Name] be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption, arising out of or in any way connected with the use of or inability to use the Services, even if [Your Digital Marketing Company Name] has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Digital Grafiks, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Digital Grafiks shall not be liable for any failure or delay in the performance of its obligations under these Terms or the Agreement arising out of or caused by any event beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, strikes, lockouts, labor disputes, technical failures (including internet outages), governmental actions, or any other similar events ("Force Majeure Event"). In the event of a Force Majeure Event, Digital Grafiks will use commercially reasonable efforts to resume performance as soon as practicable.
Digital Grafiks reserves the right to update, modify, or revise these Terms at any time without prior notice. Any changes to the Terms will be effective upon posting on this Website. Your continued use of the Website or engagement of our Services after the posting of any revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for any updates.
These Terms and any Agreement entered into pursuant to these Terms shall be governed by and construed in accordance with the laws of [Specify governing jurisdiction, e.g., the State of Delhi, India], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in New Delhi, India, and you hereby consent to the jurisdiction of such courts.
These Terms, together with any applicable Agreement, constitute the entire agreement between you and Digital Grafiks with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be struck and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.
No waiver by Digital Grafiks of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.
If you have any questions or concerns regarding these Terms, please contact us at:
Digital Garfiks