Governing agreement
For Digital website sept 16
Welcome to Digital website sept 16. These Terms and Conditions ("Terms") govern your engagement with our services and our website. By accessing or using any part of our services, you agree to be bound by these Terms. Please read them carefully.
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Digital website sept 16 is a digital agency specializing in comprehensive digital solutions including strategy, website design and development, brand and content systems, and digital growth services. Our services include, but are not limited to:
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By engaging with Digital website sept 16 for any services, or by accessing our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our services or website.
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As a client engaging with Digital website sept 16, you agree to:
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Each project undertaken by Digital website sept 16 will be governed by a separate Service Agreement, Statement of Work (SOW), or detailed proposal. This document will outline specific project deliverables, timelines, milestones, payment schedules, and costs. If these Terms conflict with a specific SOW, the SOW shall prevail for that project.
Upon final payment and subject to the specific SOW, ownership of final deliverables, such as website code, final design files, and unique content, will transfer to the client. Digital website sept 16 retains the right to display project work in its portfolio, case studies, and marketing materials unless explicitly agreed otherwise in writing.
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All intellectual property rights in pre-existing materials, frameworks, methodologies, tools, or code libraries used by Digital website sept 16 to deliver the services remain its exclusive property. We grant you a non-exclusive, non-transferable license to use those elements solely as integrated into the final deliverables for your business operations.
You warrant that project materials you provide, including logos, existing content, images, and trademarks, are owned by you or appropriately licensed. You grant Digital website sept 16 a non-exclusive, royalty-free license to use them solely to perform the agreed services.
Unless otherwise agreed in writing in the SOW, ownership of custom-created final deliverables transfers to you upon full and final payment. Third-party assets, open-source components, and licensed stock materials remain subject to their respective licenses and terms of use.
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All pricing will be detailed in the applicable SOW or proposal. Payments are typically structured as an upfront deposit, milestone payments, and final payment upon completion, or as a recurring retainer for ongoing services. Invoices are due upon receipt or according to the SOW payment schedule. Fees exclude applicable taxes, which will be added where required by law.
Digital website sept 16 may suspend services, halt project progress, or apply late fees for overdue invoices as specified in the SOW, typically 1.5% per month or the maximum permitted by law.
Because our work is custom and service-based, payments for services rendered are generally non-refundable. Eligibility for refunds of deposits or partial payments is assessed case by case based on work completed, expenses incurred, and any SOW refund terms. If the client terminates a project before completion, the client remains responsible for all work completed through termination and any non-recoverable expenses.
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Both parties agree to keep confidential all non-public information ("Confidential Information") learned during the engagement, including business plans, strategies, technical data, client lists, marketing data, and proprietary methodologies. Neither party shall disclose Confidential Information to a third party without the other party's prior written consent. This obligation survives termination of services for five (5) years.
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To the fullest extent permitted by law, Digital website sept 16, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from access to, use of, or inability to use the services; third-party conduct or content; content obtained from the services; or unauthorized access, use, or alteration of transmissions or content. This applies under warranty, contract, tort, including negligence, or any other legal theory, whether or not we were informed of the possibility of damage and even if a stated remedy fails its essential purpose.
The total aggregate liability of Digital website sept 16 for any claim arising from these Terms or the services shall not exceed the amount you paid for the specific services giving rise to the claim during the six (6) months preceding the event giving rise to the claim.
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You agree to defend, indemnify, and hold harmless Digital website sept 16, its licensees and licensors, and their employees, contractors, agents, officers, and directors from all claims, damages, obligations, losses, liabilities, costs, debt, and expenses, including attorney's fees, resulting from or arising out of:
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We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including a breach of these Terms. Upon termination, your right to use the Service immediately ceases. To terminate your engagement, provide written notice to Digital website sept 16 as specified in your SOW or applicable agreement.Obligations concerning payments owed, intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.
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These Terms shall be governed and construed in accordance with the laws of India, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in [Specify City/State if applicable within India, e.g., Punjab, India] for disputes arising out of or relating to these Terms or the services.
Our failure to enforce a right or provision is not a waiver of that right. If a provision is held invalid or unenforceable by a court, the remaining provisions remain effective. These Terms constitute the entire agreement regarding our Service and supersede and replace prior agreements regarding the Service.
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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice before new terms take effect. We determine what constitutes a material change. Continued access to or use of the Service after revisions take effect means you agree to the revised terms. If you do not agree, stop using the Service.
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If you have any questions about these Terms, please contact us.
