Terms and Conditions
Please read these terms and conditions carefully before using our services.
Last Updated: December 2024
1. Acceptance of Terms
By accessing and using the Digiwits website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time, and such modifications shall be effective immediately upon posting on the website.
2. Services Description
Digiwits provides digital marketing services including but not limited to Performance Marketing, Search Engine Optimization (SEO), Social Media Marketing, Content & Brand Strategy, Conversion Rate Optimization (CRO), and Analytics & Growth Consulting. The specific services provided will be outlined in individual service agreements with clients.
3. Client Obligations
Clients agree to: (a) Provide accurate and complete information necessary for service delivery, (b) Grant timely access to required accounts, platforms, and materials, (c) Respond to communications and requests within reasonable timeframes, (d) Ensure all provided content and materials comply with applicable laws and do not infringe third-party rights, (e) Make timely payments as per agreed schedules.
4. Payment Terms
Payment terms will be specified in individual service agreements. Generally: (a) Invoices are payable within the timeframe specified in the agreement, (b) Late payments may incur interest charges, (c) Services may be suspended for non-payment, (d) Refunds are subject to the terms outlined in the service agreement, (e) All fees are exclusive of applicable taxes unless otherwise stated.
5. Service Delivery and Performance
While we strive to deliver optimal results, Digiwits does not guarantee specific outcomes such as search engine rankings, conversion rates, or ROI. Digital marketing results depend on various factors including market conditions, competition, algorithm changes, and client cooperation. We commit to using industry best practices and making reasonable efforts to achieve agreed-upon objectives.
6. Intellectual Property Rights
All materials, strategies, and content created by Digiwits remain our intellectual property until full payment is received. Upon full payment, clients receive a license to use deliverables for their business purposes. Clients retain ownership of their brand assets, logos, and pre-existing materials. We may use project examples and results in our portfolio and marketing materials unless otherwise agreed in writing.
7. Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This includes business strategies, financial information, passwords, and other sensitive data. Confidentiality obligations survive termination of the service agreement. We will not share client information with third parties except as necessary for service delivery or as required by law.
8. Third-Party Services and Platforms
Our services may involve third-party platforms (Google Ads, Meta Ads, SEO tools, etc.). We are not responsible for changes to these platforms, their policies, or their performance. Clients are responsible for maintaining their own accounts and complying with platform terms of service. We act as authorized agents but clients retain ultimate responsibility for their accounts.
9. Contract Duration and Termination
Service agreements typically have a minimum term as specified in individual contracts. Either party may terminate with written notice as per the agreement. Early termination may result in fees for work completed and committed costs. Upon termination, clients receive a final report and any materials paid for. Access to dashboards and ongoing support ends as specified in the agreement.
10. Limitation of Liability
Digiwits' liability is limited to the fees paid for the specific services in question. We are not liable for indirect, consequential, or incidental damages including but not limited to lost profits, business interruption, or loss of data. This limitation applies regardless of the cause of action, whether in contract, tort, or otherwise.
11. Warranties and Disclaimers
We warrant that services will be performed professionally and in accordance with industry standards. However, we disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. We do not warrant uninterrupted or error-free service, as digital marketing environments are dynamic and unpredictable.
12. Force Majeure
Neither party shall be liable for failure to perform obligations due to causes beyond their reasonable control, including but not limited to natural disasters, government actions, internet failures, platform changes, pandemics, or other force majeure events. In such cases, performance will be excused for the duration of the event.
13. Changes to Services
Digiwits reserves the right to modify, suspend, or discontinue any aspect of our services at any time. We will make reasonable efforts to notify clients of significant changes that may affect their campaigns. Continued use of services after changes constitutes acceptance of the modified terms.
14. Client Content and Compliance
Clients are responsible for ensuring that all content, products, and services promoted through our marketing efforts comply with applicable laws and regulations. This includes advertising standards, consumer protection laws, data protection regulations, and industry-specific requirements. Clients shall indemnify Digiwits against claims arising from non-compliant content or practices.
15. Dispute Resolution
Any disputes arising from these terms or our services shall be first addressed through good-faith negotiations. If unresolved, disputes shall be subject to arbitration in New Delhi, India, under the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English, and the decision shall be final and binding.
16. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of India. The courts of New Delhi shall have exclusive jurisdiction over any disputes arising from these terms or our services, subject to the arbitration clause above.
17. Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. Entire Agreement
These terms, together with any service agreements and proposals, constitute the entire agreement between Digiwits and the client. These terms supersede all prior agreements, representations, and understandings. Modifications must be made in writing and signed by both parties.
19. Contact Information
For questions about these terms and conditions, please contact us at: Email: info@digiwits.in, Phone: 09990175000, Address: Metro station, 33/33A, Najafgarh Rd, opposite Apollo Cradle Hospital, near Kirti Nagar, Block C, Najafgarh Road Industrial Area, New Delhi, Delhi, 110015, India
Note: By engaging with Digiwits' services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you have any questions or concerns about these terms, please contact us before proceeding.