Effective Date: March 11, 2009
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and DigiMantra (“Company,” “we,” “our,” or “us”). By accessing our website, engaging our services, or entering into a service agreement with DigiMantra, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
DigiMantra provides a comprehensive range of digital marketing and technology services, which may include:
The specific scope, deliverables, timelines, and fees for services will be defined in a separate Statement of Work (SOW) or Service Agreement executed between DigiMantra and the client.
To access certain features of our platform, you may be required to register for an account. You agree to provide accurate, complete, and current information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials.
You agree to use our services only for lawful purposes. You must not:
Service fees are outlined in the applicable SOW or Service Agreement. All fees are quoted in the agreed currency and are exclusive of applicable taxes unless stated otherwise.
Unless otherwise agreed in writing, invoices are due within fifteen (15) days of the invoice date. DigiMantra reserves the right to suspend or terminate services in the event of non-payment or default.
All fees paid are non-refundable unless DigiMantra has failed to deliver the agreed services or as otherwise required by applicable law. Refund requests must be submitted in writing within seven (7) days of the relevant billing cycle.
All content, software, tools, methodologies, frameworks, and intellectual property developed by DigiMantra in connection with its services, including but not limited to proprietary technologies, templates, and internal processes, remain the exclusive property of DigiMantra. Nothing in these Terms transfers any ownership rights to the client.
All materials, data, and content provided to DigiMantra by the client remain the exclusive property of the client. The client grants DigiMantra a limited, non-exclusive license to use such materials solely for the purpose of delivering the agreed services.
Ownership of deliverables created for a client will be governed by the applicable Service Agreement. Unless explicitly stated otherwise, full ownership transfers to the client only upon receipt of complete payment.
Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information received from the other party in connection with the services (“Confidential Information”). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or court order. This obligation survives the termination of any service agreement.
DigiMantra warrants that it will perform services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DIGIMANTRA PROVIDES ALL SERVICES “AS IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIGIMANTRA DOES NOT GUARANTEE SPECIFIC RESULTS FROM DIGITAL MARKETING CAMPAIGNS, INCLUDING SEARCH ENGINE RANKINGS, TRAFFIC VOLUMES, OR CONVERSION RATES.
To the maximum extent permitted by applicable law, DigiMantra shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, even if we have been advised of the possibility of such damages. In no event shall DigiMantra’s total aggregate liability to you exceed the total fees paid by you to DigiMantra in the three (3) months immediately preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless DigiMantra and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or materials you provide to DigiMantra.
These Terms are effective upon your first use of DigiMantra’s services and remain in effect until terminated.
Clients may terminate a service engagement by providing written notice as specified in the applicable Service Agreement. Fees accrued prior to the effective termination date remain payable.
DigiMantra reserves the right to suspend or terminate services at any time with reasonable notice if the client breaches these Terms or the applicable Service Agreement, or if continued service would expose DigiMantra to legal, reputational, or operational risk.
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to these Terms shall first be referred to good-faith mediation. If mediation fails, disputes shall be subject to the exclusive jurisdiction of the courts located in India. Both parties waive any right to a jury trial in connection with any action or litigation under these Terms.
DigiMantra reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. For existing service agreements, material changes will be communicated via email with at least thirty (30) days’ notice. Your continued use of services after the effective date of changes constitutes your acceptance of the revised Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
These Terms, together with any applicable Service Agreement or Statement of Work, constitute the entire agreement between you and DigiMantra regarding the use of our services and supersede all prior agreements, representations, and understandings.
For questions or concerns regarding these Terms and Conditions, please contact:
DigiMantra – Legal Department
Email: [email protected]
Website: www.digimantra.com
Address: Ground Floor, Plot No. C-212, Industrial Area 8B, Sector 74, Mohali, Punjab 160055
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