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Terms and condition

Terms & Conditions

Effective Date: [Insert Date]
Last Updated: [Insert Date]

Welcome to Digimark, accessible at https://digimark.crisiva.in/ (“Website”). These Terms & Conditions (“Terms”) govern your access to and use of our Website and any digital marketing, advertising, consulting, creative, technology, or other services offered through the Website (“Services”).

By accessing, browsing, submitting an enquiry, purchasing a Service, or otherwise using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website or our Services.

1. About Digimark

Digimark is a digital marketing platform/business operated by:

Business Name: [Legal Business/Company Name]
Website: https://digimark.crisiva.in/
Email: [Official Email Address]
Phone: [Contact Number]
Address: [Registered/Business Address]

Throughout these Terms, “Digimark”, “we”, “us”, and “our” refer to the business operating the Website.

“You”, “your”, or “client” refers to any person, business, organisation, or entity accessing the Website or purchasing or using our Services.

2. Eligibility

You must be legally capable of entering into a binding agreement under applicable law to use our Services.

If you are using our Services on behalf of a company, organisation, or another legal entity, you confirm that you have the authority to accept these Terms on its behalf.

3. Our Services

Digimark may provide digital marketing and related services, including but not limited to:

  • Search Engine Optimisation (SEO)
  • Social media marketing and management
  • Search engine and social media advertising
  • Website design and development
  • Content creation and marketing
  • Branding and creative services
  • Lead generation
  • Email marketing
  • Online reputation management
  • Digital marketing consulting
  • Analytics and reporting
  • Other marketing, advertising, creative, or technology services agreed with the client.

The exact scope, deliverables, timelines, fees, and responsibilities for a particular project may be specified in a proposal, quotation, statement of work, invoice, agreement, or other written communication.

4. Client Responsibilities

Clients are responsible for providing accurate, complete, and timely information, content, access credentials, approvals, materials, and other resources reasonably required to perform the Services.

The client agrees that:

  • Information supplied to Digimark is accurate and lawful.
  • The client has the necessary rights and permissions to use materials supplied to us.
  • The client will review and approve content, advertisements, designs, or other deliverables within a reasonable period.
  • The client will not provide unlawful, fraudulent, misleading, defamatory, infringing, or otherwise prohibited material.
  • The client will maintain appropriate access and security for its own accounts and systems.

Delays caused by the client, including delayed approvals, missing information, or unavailable account access, may affect project timelines.

5. Fees and Payments

Fees for Services will be communicated through a quotation, proposal, invoice, service agreement, or other written communication.

Unless otherwise agreed in writing:

  • Payments must be made according to the payment schedule communicated by Digimark.
  • Taxes, government charges, advertising-platform charges, and third-party charges may be additional where applicable.
  • Work may be paused if an invoice remains unpaid beyond the agreed payment date.
  • Any applicable late-payment charges will be communicated to the client before being imposed.
  • Fees already paid for Services that have been commenced or delivered may be non-refundable, subject to the applicable agreement and law.

6. Advertising and Third-Party Platforms

Some Services may involve third-party platforms such as search engines, social media platforms, advertising networks, hosting providers, analytics platforms, or other technology providers.

Digimark does not control third-party platforms and cannot guarantee:

  • Approval of advertisements or accounts;
  • Search-engine rankings;
  • Advertising impressions, clicks, leads, conversions, or sales;
  • Continued availability of any third-party platform;
  • Changes to algorithms, policies, pricing, features, or account restrictions.

Third-party advertising budgets and platform fees are generally separate from Digimark’s professional/service fees unless expressly stated otherwise.

7. No Guaranteed Results

Digital marketing results vary depending on numerous factors, including competition, industry, budget, target audience, website quality, market conditions, algorithms, customer behaviour, and third-party platform policies.

Therefore, unless expressly guaranteed in a written agreement, Digimark does not guarantee specific:

  • Search-engine rankings;
  • Website traffic;
  • Leads;
  • Sales;
  • Revenue;
  • Advertising performance;
  • Conversion rates;
  • Social media followers or engagement.

Any estimates, forecasts, projections, or examples provided by Digimark are indicative only and should not be considered guarantees.

8. Intellectual Property

Unless otherwise agreed in writing, Digimark retains ownership of its pre-existing materials, methodologies, templates, processes, systems, strategies, know-how, tools, and proprietary materials.

Subject to full payment of applicable fees, the client may receive rights to use final deliverables specifically created for the client as agreed between the parties.

The client retains ownership of materials, trademarks, logos, photographs, videos, text, data, and other content supplied by the client, subject to the rights required by Digimark to provide the Services.

The client grants Digimark permission to use client-provided materials solely as reasonably necessary to provide the Services.

9. Third-Party Materials

Some deliverables may contain third-party software, stock images, fonts, plugins, APIs, music, templates, or other licensed materials.

Use of such materials may be subject to separate third-party licence terms. The client agrees to comply with those terms where applicable.

Unless expressly agreed otherwise, Digimark is not responsible for obtaining perpetual or exclusive rights to third-party materials.

10. Website Use

You agree not to:

  • Use the Website for unlawful purposes;
  • Attempt to gain unauthorised access to the Website or its systems;
  • Introduce malware, viruses, or harmful code;
  • Interfere with Website functionality;
  • Copy, reproduce, distribute, or exploit Website content without permission;
  • Use automated systems to scrape or collect Website content in a manner that violates applicable law or these Terms;
  • Impersonate Digimark or another person or entity.

We reserve the right to restrict or terminate access to the Website where we reasonably believe these Terms have been violated.

11. Accuracy of Information

We make reasonable efforts to keep information on the Website accurate and current. However, we do not warrant that every piece of information is complete, current, error-free, or suitable for every purpose.

Website content is provided for general informational purposes and may be changed without prior notice.

12. Confidentiality

Each party agrees to take reasonable steps to protect confidential information received from the other party in connection with the Services.

Confidential information does not include information that:

  • Is publicly available;
  • Was already lawfully known;
  • Is independently developed without using confidential information; or
  • Must be disclosed under applicable law or by a lawful authority.

13. Personal Data and Privacy

Where Digimark collects or processes personal data through the Website or while providing Services, such processing will be handled in accordance with our Privacy Policy and applicable data-protection laws.

You should review our Privacy Policy before submitting personal information through the Website.

We may collect information such as name, email address, telephone number, business information, enquiry details, payment-related information, and technical information where necessary for providing or improving our Services.

You agree to provide information that is accurate and lawful.

14. Cookies and Analytics

The Website may use cookies, analytics technologies, pixels, or similar technologies for purposes such as:

  • Website functionality;
  • Security;
  • Understanding Website usage;
  • Improving user experience;
  • Marketing and advertising, where applicable.

The use of such technologies may be subject to our Privacy Policy and applicable law.

15. User-Submitted Content

If you submit reviews, testimonials, comments, images, text, feedback, or other content to Digimark, you represent that you have the necessary rights to provide that content.

You grant Digimark a non-exclusive right to use such content for legitimate business purposes, including improving, promoting, or displaying our Services, unless otherwise agreed in writing.

16. Testimonials and Case Studies

Where permitted by the client and applicable law, Digimark may display client names, logos, testimonials, project descriptions, or case studies for marketing purposes.

A client may request removal of such material by contacting us at the email address provided below, subject to contractual obligations and applicable law.

17. Cancellation and Termination

Either party may terminate a Service engagement according to the terms specified in the applicable proposal, agreement, or statement of work.

Digimark may suspend or terminate Services if:

  • The client fails to make required payments;
  • The client provides unlawful or misleading materials;
  • The client materially breaches these Terms or an applicable agreement;
  • Continuing the Services would create legal, security, or reputational risks; or
  • Required third-party access or services are unavailable.

Termination does not automatically eliminate payment obligations for Services already performed or expenses already incurred.

18. Refunds

Refund eligibility will depend on the specific Service, applicable agreement, work already completed, third-party expenses, and applicable law.

Unless otherwise stated in writing, fees for completed work, consumed services, non-refundable third-party charges, and committed resources may not be refundable.

Any refund policy applicable to a specific Service will be communicated to the client before purchase where required.

19. Limitation of Liability

To the maximum extent permitted by applicable law, Digimark will not be liable for indirect, incidental, special, consequential, exemplary, or loss-of-profit damages arising from the use of the Website or Services.

This may include losses resulting from:

  • Loss of revenue or profits;
  • Loss of business opportunities;
  • Loss of data;
  • Third-party platform changes;
  • Advertising account suspension;
  • Search-engine algorithm changes;
  • Website downtime caused by third parties; or
  • Events outside Digimark’s reasonable control.

To the extent permitted by law, Digimark’s total liability arising from a particular Service engagement will not exceed the amount actually paid by the client to Digimark for that Service during the applicable period, except where such limitation is prohibited by law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

20. Indemnification

To the extent permitted by applicable law, the client agrees to indemnify and hold Digimark harmless from claims, losses, liabilities, damages, costs, or expenses arising from:

  • Materials or information supplied by the client;
  • The client’s violation of applicable law;
  • The client’s infringement of third-party intellectual-property rights;
  • The client’s misuse of the Services; or
  • The client’s breach of these Terms or an applicable agreement.

21. Force Majeure

Digimark will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, internet or telecommunications failures, government actions, cyber incidents, labour disruptions, third-party service outages, platform failures, or other extraordinary events.

22. Links to Third-Party Websites

The Website may contain links to third-party websites or services.

Such links are provided for convenience only. Digimark does not control and is not responsible for the content, availability, security, privacy practices, or policies of third-party websites.

Your use of third-party websites is subject to their own terms and policies.

23. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, technology, or applicable law.

The updated version will be posted on this page with a revised “Last Updated” date.

Your continued use of the Website after an updated version is posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

24. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India.

Subject to applicable law, disputes arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the competent courts at [City, State, India].

Where appropriate, the parties may first attempt to resolve disputes through good-faith discussion before commencing formal legal proceedings.

25. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to remain in effect to the extent permitted by law.

26. Entire Agreement

These Terms, together with any applicable proposal, quotation, statement of work, invoice, Service agreement, Privacy Policy, and other written terms applicable to a specific Service, constitute the agreement governing your use of the Website and Services.

If there is a conflict between these Terms and a specific written agreement signed by both parties, the specific written agreement will prevail to the extent of the conflict.

27. Contact Us

If you have questions, concerns, complaints, or requests regarding these Terms, please contact us:

Digimark
Website: https://digimark.crisiva.in/
Email: [Official Email Address]
Phone: [Contact Number]

Last Updated: [Insert Date]

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