Terms and Conditions of Use and Employing ANANDKJHA DIGITAL MARKETING SERVICES
ANANDKJHA DIGITAL MARKETING SERVICES does not grant any express or implied rights under any patents, trademarks, copyrights, or trade secret information. If by mistake any content/ images/ copyright belong to you or any known party, please write to us and we will remove it immediately. ANANDKJHA DIGITAL MARKETING SERVICES has business relationships with numbers of customers, suppliers, Government, and others. For convenience and simplicity words like joint venture, partnership and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
Third Party Content
The website makes information of third parties available, including articles, reports, news reports, tools to felicitate calculation, company information and other data (the ‘third party content’). You acknowledge and agree that the third party content is not created or endorsed by ANANDKJHA DIGITAL MARKETING SERVICES nor are any products or services offered through it. The provision of third party content is for general information purposes only and does not constitute a recommendation or solicitation. In addition, the third party content is not intended to provide tax, legal or investment advice. You acknowledge that the third party content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website or the providers of the third party content as to its accuracy, completeness, timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of third party content liable for any investment decision or other transaction you may make best on your reliance on or use of such data, or nay liability that may not arise due to delays or interruptions in the delivery of the third party content for any reason.
By using any third party content, you may leave this website and be directed to an external website, or to a website maintained by an entity or other than ANANDKJHA DIGITAL MARKETING SERVICES. If you decide to visit any such site, you do it at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. ANANDKJHA DIGITAL MARKETING SERVICES makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing there on or any of the products or services described there on. Links do not imply that ANANDKJHA DIGITAL MARKETING SERVICES or this site sponsors, endorse, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright, symbol of ANANDKJHA DIGITAL MARKETING SERVICES or any of its affiliates or subsidiaries.
This site, the information and materials on the site, and any software made available on the site, are provided ‘as is’ without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties or merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind expressed or implied, regarding third party content. There is also no warranty that this site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Damages
In no event shall ANANDKJHA DIGITAL MARKETING SERVICES or any of its sub diaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials and functions of the website or any linked website, even if ANANDKJHA DIGITAL MARKETING SERVICES is expressly advised of the possibility of such damages.
The website may contain inaccuracies and typographical and clerical errors. ANANDKJHA DIGITAL MARKETING SERVICES expressly disclaims any obligation to update this site or any of the materials of this site. ANANDKJHA DIGITAL MARKETING SERVICES does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advise, statement, memorandum, or information shall be at your sole risk. ANANDKJHA DIGITAL MARKETING SERVICES deserves the right, in its sole discretion, to correct any errors or admissions in any portion of the site. ANANDKJHA DIGITAL MARKETING SERVICES may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.
International Users and Choice of Law
This site is controlled, operated and administrated by ANANDKJHA DIGITAL MARKETING SERVICES from its offices within India.
By coming to this website and reading emails from ANANDKJHA DIGITAL MARKETING SERVICES IT Service’s email id, you agree to the terms listed on this page apart from the terms discussed and agreed with you separately as per the ANANDKJHA DIGITAL MARKETING SERVICES IT Service’s choice/ discretion.
Once to agree to Work with ANANDKJHA DIGITAL MARKETING SERVICES, you also agree to:
- The Cheque/ Money Order/ Wire Transfer/ PayPal Payments/ will be payable to ANANDKJHA DIGITAL MARKETING SERVICES, Punjab. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.
- At no event will ANANDKJHA DIGITAL MARKETING SERVICES be liable to the client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.
- In case collection proves necessary, Client agrees to pay all legal or third party involvement incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
- All the applicable taxes will be levied as per actual.
- For purposes of the paragraph, ‘employee for purposes of this paragraph’, employee shall mean current employees or persons employed prior to the preferred project. During the period of performance of services by ANANDKJHA DIGITAL MARKETING SERVICES hereunder and for twenty four (24) months thereafter, (i) ANANDKJHA DIGITAL MARKETING SERVICES agrees not to solicit or induce any employee of client to terminate his or her employment with the client or to hire any employee of client without the prior written approval of the client, and (ii) Client agrees not to solicit or induce any employee of ANANDKJHA DIGITAL MARKETING SERVICES to terminate his or her employment with ANANDKJHA DIGITAL MARKETING SERVICES or to hire any employee of ANANDKJHA DIGITAL MARKETING SERVICES without the prior written approval of ANANDKJHA DIGITAL MARKETING SERVICES.
- Neither this agreement, any Statement of Work, or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) A party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) ANANDKJHA DIGITAL MARKETING SERVICES may subcontract its obligations hereunder to any wholly-owned subsidiaries of ANANDKJHA DIGITAL MARKETING SERVICES or third party service providers, provided that ANANDKJHA DIGITAL MARKETING SERVICES remains primarily liable to Client hereunder including with respect to the acts and omissions of any such parties employed or engaged by ANANDKJHA DIGITAL MARKETING SERVICES. However, Client may not assign or transfer this Agreement to a direct competitor of ANANDKJHA DIGITAL MARKETING SERVICES.
- Client represents to ANANDKJHA DIGITAL MARKETING SERVICES and unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code, or other art work furnished to ANANDKJHA DIGITAL MARKETING SERVICES for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend ANANDKJHA DIGITAL MARKETING SERVICES from any claim or suit arising from the use of such elements furnished by Clients.
- ANANDKJHA DIGITAL MARKETING SERVICES retains the copyrights or ownership to the source code- design of all files produced/ developed/ designed by ANANDKJHA DIGITAL MARKETING SERVICES during the course of working on this project. After the final payment of the project rights and ownership of source code/ design will be handed over to Client.
- Regardless of the place of venue, this contact was entered into in Punjab, India and any dispute will be litigated or arbitrated in Punjab, India.
- The agreement content in this proposal constitutes the sole agreement between ANANDKJHA DIGITAL MARKETING SERVICES and client and its owners. Any additional work not specified in the proposal will be estimated separately or would require an amendment to this proposal.
- All the images and text/ content etc. are provided by the client. In case the client does not provide us the images, the client gives us assumed rights to the images from the internet. ANANDKJHA DIGITAL MARKETING SERVICES will try its best to use the Royalty free images but once the delivery is done, it is the client’s responsibility that he has checked and agreed to the work provided. In case he feels/ finds that there is something that does not belong to him, he will immediately get back to ANANDKJHA DIGITAL MARKETING SERVICES to get it changed. Once the delivery of the work is done, ANANDKJHA DIGITAL MARKETING SERVICES does not accept the responsibility of any copyright infringement/ trademark/ performance/ damages or any legal liability arising because of any reason. Ideally, it is the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
- In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to ANANDKJHA DIGITAL MARKETING SERVICES at the time of making the due payment. The professional fees are exclusive of any applicable taxes and other government levels. Any such taxes and/ levies will be payable by Client in retrospective/ non-retrospective effect.
- In the event Client terminates the project during the course of development of the website; in this case, the initial advance will not be refunded. In case of any legal proceeding, the amount paid will not exceed the amount charged from the client.
Website Development Project
- During the project briefing, it is client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
- Once proposal has been finalized, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and revised delivery date. All additional work, over and above the estimates it is charged separately. Under no circumstances will ANANDKJHA DIGITAL MARKETING SERVICES be liable for any delays cost by changed in the project brief.
- Any complexity related to specific deliverable, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to describe the full picture of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by ANANDKJHA DIGITAL MARKETING SERVICES.
- Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- ANANDKJHA DIGITAL MARKETING SERVICES takes no responsibility for any of the third-party products, software, or components used in the website development such as payment gateway, SSL certificates, etc. We suggest you take regular backups to avoid any disruptions.
- ANANDKJHA DIGITAL MARKETING SERVICES offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
- Hosting charges are not included in the quotations unless mentioned otherwise. ANANDKJHA DIGITAL MARKETING SERVICES can organize an appropriate hosting solution if required, a quote for that will be submitted separately and approved by the client.
- Once the website is delivered, we will provide one-month free service including training.
- For e-commerce website-data entry is free for 10-25 products only.
- Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we will require full access with hosting support for testing and deploying the application. ANANDKJHA DIGITAL MARKETING SERVICES will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- ANANDKJHA DIGITAL MARKETING SERVICES cannot give access to their test servers and test websites to the clients or any third party.
- Copyright of the complete web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership and designs and all code is with the Developer.
- The client is allocated dedicated resource(s) along with the necessary functional support staff such as a Team Leader or Project Manager if requested (based on the service commissioned).
- The developer/designer is on a dedicated basis; it is important he or she has tasked all times to avoid delays (any delays may increase the time required to complete the project).
- The client is allocated dedicated resource(s) along with the necessary functional and support staff such as a team leader and project manager.
- The client will not attempt to engage in business with current or ex-staff on a proposal basis. Contravention of this will lead to legal proceedings involving all parties. All ANANDKJHA DIGITAL MARKETING SERVICES employees have confidentiality clauses in their employment contracts and have signed non-discloser agreements.
- The resource(s) would be operating out of the Indian office of ANANDKJHA DIGITAL MARKETING SERVICES. The Indian office operates Monday-Friday, 9:30 AM to 07:30 PM (India’s time zone is GMT+5:30/BST+4:30). All the public holidays are noticed in advance and communicated by the development team directly; the holidays are generally compensated by working extra hours in the evenings, at weekends, or as per the agreed time schedule with the client.
- A man-month would be defined as 120 hours of work in a month. When a developer(s) is working on a dedicated basis, they are allocated for 30 hours per week, 120 hours per month, etc. This time includes design, programming, testing, and time spent awaiting feedback requested by the developer(s) to the client.
- Both the parties undertake to disclose the information including “confidential information” only to a minimum number of its employees who need to have the information disclosed to them only on a “need-to-know” basis and to ensure that the obligations on use and discloser of the information are observed by all of the said employees.
- Any party may terminate the services/contract/agreement in writing by providing notice. The notice period for large projects is 3 months and 1 month for small to medium-sized projects. For clients with Ongoing Time and Materials Projects (weekly and monthly running projects with dedicated developers and designers), the notice period is a minimum of 1 week. ANANDKJHA DIGITAL MARKETING SERVICES has the right to “define” the “type” of a project. Third-party services might require additional time.
- During the course of the “project”, it is client’s responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code, etc… in order to make the project technically feasible and viable-in, the absence of the above or any other relevant material ANANDKJHA DIGITAL MARKETING SERVICES will use freeware/shareware material as deemed fit.
- ANANDKJHA DIGITAL MARKETING SERVICES will not be held responsible in case of the client insists on using a particular ”copyrighted” material- ANANDKJHA DIGITAL MARKETING SERVICES would assume that the client has taken care of the legal and copyright implications of using the same and once the final payment and or the website has been made “live” it is deemed that the client has given the go-ahead to use the above-material on its own risk and consequences.
- After the receipt of the final payment, the client will own the specific instances of all code we produce for you but not the algorithms, techniques, methods, or trade secrets we use to produce it and which belong to ANANDKJHA DIGITAL MARKETING SERVICES.
- If during the course of the work the client is unable to provide us with the necessary information, materials, or feedback in a timely manner when requested (within 24 hours) it could become necessary to reschedule the team/source for other projects while we are waiting. Any delay in re-allocating recourses off the project during these waiting periods will be taken from the allocated project time.
- If we request materials, information, decisions, or approvals from you that we need to complete the work and you do not provide then within 30 days of our request we will deem the work to the completed and all payments due.
- Existing sites-Work done on an existing site is done on an unseen basis: Due to the nature of existing sites (sites already finished or partly finished by a third party), we cannot predict core integrity. We undertake this work on the understanding that we will research and develop the existing code, but we make no guarantees that the previous work is a suitable framework for us to work with.
- Live servers, all development work takes place “off-site” on a Sandbox environment provided by us. On occasion, it may be requested that development takes place on live servers (time constraints, upon client request, licensing reasons for example). This is done so at your own risk. We do not take responsibility for any compact this may have to either the live site or your ability to work. We strongly recommend the use of a Sandbox server.
- Payments for time worked are not refundable if the work is canceled before completion.
- If the total man-hours logged by a resource are more than 15% over the hours defined above, then the Management of ANANDKJHA DIGITAL MARKETING SERVICES servers the right to change the client for the additional man-hours.
- Hosting is an annual charge which must be paid in advance for the whole year.
- It is the client’s responsibility to renew the hosting in time,i.e., before the expiery date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hosting’s are disabled or deleted from the server.
- All renewals must be paid by 7 working days prior to the expiry date. ANANDKJHA DIGITAL MARKETING SERVICES will not be responsible for issues relating to delayed payment.
- Hosting is on share and non-shared servers hosted via third party providers. ANANDKJHA DIGITAL MARKETING SERVICES ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
- Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
- In case of malware attack, ANANDKJHA DIGITAL MARKETING SERVICES reserves the right to delete files on the hosting service without giving any prior notice.
- Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
- If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including email and DNS records. Additional charges will be applicable to re-enable the hosting. ANANDKJHA DIGITAL MARKETING SERVICES will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
- If a hosting has been cancelled/ disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
- Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:
- All domain registrations and renewals are to be paid in advance.
- Expiration of a domain can result in service disruption and loss of domain.
- ANANDKJHA DIGITAL MARKETING SERVICES will not be responsible if a domain expires due to nonpayment/late payment of the charges. All payments must be made by 7 working days before the expiring days.
- It is client’s responsibility to renew their domain names with us.
- All invoices and dues must be paid in full before we release the requested domain name.
- ANANDKJHA DIGITAL MARKETING SERVICES has the domains in a common pool account and therefore cannot give access to its domain control panel.
- ANANDKJHA DIGITAL MARKETING SERVICES offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- All maintenance packages are for a minimum of 2 month’s period.
- Maintenance packages are billed quarterly and fee is to be credited/paid on first day of billed quarter.
- Packages are designed to serve minor website maintenance tasks only.
- Larger projects or updates are not included in the package.
- Package includes one support request per month of up to 10 man-hour. Unused man-hours may not be rolled over to the next month. This support time can be used once every month to update the WordPress and Plugins versions.
- ANANDKJHA DIGITAL MARKETING SERVICES employees fair use policy, which means that although formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
- Any extra hours used will be billed separately @$10/hour.
- Support requests need to be sent via email to email@example.com
- Any urgent tasks will be charged separately.
- The package is auto renewed every quarter and Invoice will be raised.
- Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.
- Monthly maintenance package fees will be charged to the client’s credit card on file on the 1st day of every month.
- An administrative fee of $15 will be charged to the clients account for any late payment or declined credit card charges.
- More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package. There is absolutely no refund for any fees related to the monthly maintenance package.
- In case the Client needs to cancel the auto annual renewal, please inform us in writing at least one month prior to the renewal date.
- Ongoing term: For any reason, if the Client decides to terminate an ongoing maintenance package, they will need to pay the balance amount of the remaining months.
- ANANDKJHA DIGITAL MARKETING SERVICES reserves the right to terminate annual maintenance at any time with written notice to the client.
Please note that ANANDKJHA DIGITAL MARKETING SERVICES reserves the right to change the conditions without notice.