The following terms and conditions apply to all services provided by ElixirBizz Digital Solutions Private Limited to the Client.
Definitions
“The Client”, “you”: The company or individual requesting the services of ElixirBizz Digital Solutions Pvt Ltd.
“We”, “Us”, “ElixirBizz”, “elixirbizz.com”: ElixirBizz Digital Solutions Pvt Ltd (Primary Digital Marketing Agency).
The Project: Web design, digital marketing or other computer-related services being provided to the Client by ElixirBizz Digital Solutions Pvt Ltd.
Project Completion: Completion of components mentioned in the Project Scope.
Launch: Upload to the server or release of materials to the Client.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by ElixirBizz Digital Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of fourteen (14) days. ElixirBizz Digital Solutions reserves the right to alter or decline to provide a quotation after 14 days. Prices quoted are only an estimate, and may be subject to change during the process of design and build. This can be caused by the client choosing to amend any aspect of their requirements or any third party costs which occur beyond ElixirBizz’s control.
Any charges incurred by international payments or international bank transfers are not the responsibility of ElixirBizz Digital Solutions. Therefore, any such charges must be paid, by the client, in addition to the amounts invoiced by ElixirBizz Digital Solutions. Consequently, ElixirBizz does not accept ‘shared charges’ for international bank transfers or international payments.
Payment of Accounts
Unless agreed otherwise with the Client, for projects under INR 1,00,000 full payment is required before work begins on the project.
For all projects over INR 1,00,000, payment is required in three stages:
- An advance payment of a minimum of Sixty (60) percent of the project quotation total is required when the initial quote is agreed upon and before the project commences. Payment for third-party software and services, such as: web hosting and domain names may also be required in full at this stage.
- A further twenty (20) percent is required after the client reviews the initial release or first version of the project on a test server or other suitable environment, and before any amendments are made.
- The remaining twenty (20) percent of the project quotation total is required upon completion of the work, prior to upload to the server, release of materials or ‘launch’ of the website. The project is deemed completed once all the components in the project scope are completed.
Any additions or amendments outside of the project scope, which are required by the client may result in additional costs and change in the timeframe of the project.
Any delays to the estimated project timeframe which are caused by the client, will not extend the deadline of the payment of the remaining balance. Any delays to project completion which are caused by the client, will not extend the deadline of the payment of the remaining balance.
Payment for services is due by the various modes of payment we offer.
Invoices will be provided by ElixirBizz Digital Solutions upon completion but before publishing the live project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Unless agreed otherwise, any outstanding accounts for work carried out by ElixirBizz Digital Solutions are required to be paid in full, no later than four (4) hours from the time of the invoice.
Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a service charge of one-half percent (1.5%) per month of the total amount due.
We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or ElixirBizz Digital Solutions have not been contacted regarding the delay, access to the related website may be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the client’s credit rating.
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on ElixirBizz’s Web space, ElixirBizz Digital Solutions will, at its discretion, remove all such material from its web space. ElixirBizz Digital Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay ElixirBizz Digital Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by ElixirBizz Digital Solutions in enforcing these Terms and Conditions.
Timeframes
Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 1 to 6 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the client, before the project commences. ElixirBizz Digital Solutions will do their best to complete the project as soon as reasonably possible.
For a high standard of quality to be produced, please allow sufficient time for the project to be completed.
Content
Unless included in the project scope, we require the Client to provide content for the website; text, images, graphics, logos & videos. ElixirBizz Digital Solutions will not edit or optimise the images. It is recommended to resize the content to the required dimensions, compress it and rename it before sending it. Alternatively, the Client can include it at an additional cost.
To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arrange. This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
Please Note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Unless included in the project scope, ElixirBizz Digital Solutions will not upload more than 25 products, courses or portfolio items on to the project site. Alternatively, it can be included at an additional cost.
Standard Media Delivery
Unless otherwise specified in the project scope, any text will be provided by the Client in copyable format and that all logos, photographs and other graphics will be provided electronically in, .jpeg, .png .svg,.eps, or .gif format.
Web Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, ElixirBizz Digital Solutions cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of ElixirBizz Digital Solutions until all outstanding accounts are paid in full, unless provided by the client previously.
There may be instances where ElixirBizz Digital Solutions will not be able to add/change/modify certain components on the website due to theme or plugin limitations. ElixirBizz will try its best to provide alternatives but is not obligated to do so.
Any scripts, themes, plugins, cgi applications, php scripts, or software (unless specifically agreed) provided by ElixirBizz Digital Solutions remain the copyright of ElixirBizz Digital Solutions.
ElixirBizz Digital Solutions cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of ElixirBizz Digital Solutions and where no charge is made by ElixirBizz Digital Solutions for such additions, ElixirBizz Digital Solutions accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to ElixirBizz Digital Solutions all materials required to complete the site to the agreed standard and within the set deadline.
ElixirBizz Digital Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
ElixirBizz Digital Solutions will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
ElixirBizz Digital Solutions will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
ElixirBizz Digital Solutions will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
ElixirBizz Digital Solutions cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by ElixirBizz, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by ElixirBizz Digital Solutions before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, ElixirBizz Digital Solutions will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
There may be instances where ElixirBizz Digital Solutions will not be able to add/change/modify certain components on the website due to theme or plugin limitations. ElixirBizz will try its best to provide alternatives but is not obligated to do so.
Search Engine Optimization (SEO)
ElixirBizz Digital Solutions can only attempt to improve the ranking of and/or positioning of the Website within the Search Engines and cannot guarantee them.
The Client acknowledges and agrees that:
If the Services provided are delayed and are not as a result of any fault(s) on the part of ElixirBizz Digital Solutions, no refund or compensation will be offered to the Client.
The Client warrants to ElixirBizz Digital Solutions that the Key Phrases and/or contents of the Website do not and will not violate any law or regulation.
The Client warrants to ElixirBizz Digital Solutions that it has not received any written notice or claim, and the Key Phrases and/or the contents of the Website does not infringe, interfere, violate or misappropriate the intellectual property rights of any other party.
If ElixirBizz Digital Solutions notifies the Client in writing of a claim or cause of action against ElixirBizz that any of the contents of the Website infringes a presently existing intellectual property right of a third party, the Client shall indemnify and defend such claim or cause of action at its own expenses and pay any costs or damages, including but not limited to all legal costs and disbursements.
The results offered by ElixirBizz Digital Solutions in the proposal or quotation does not apply in the following circumstances:
- If changes are made to the Website by other parties than ElixirBizz Digital Solutions that adversely affect the search engine rankings of the Website;
or
- If the Website is offline due to a reason not caused by ElixirBizz Digital Solutions.
The Client acknowledges that ElixirBizz Digital Solutions makes no warranty that SEO will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose. No liability whatsoever will be accepted by ElixirBizz Digital Solutions for any damages or losses arising from or as a consequence of the provision of the Services.
Pay Per Click (PPC) & Social Media Advertising
ElixirBizz Digital Solutions is authorised by the Client to use the Key Phrases to manage and attempt to improve the performance of the Client’s advertising campaign(s) within the Search Engine and/or managing digital advertising on other platforms on platforms including, but not limited to: Google, Bing, Yahoo, Facebook, Instagram, Linkedin, etc.
For the purposes of providing these services, the client agrees to provide where applicable:
- Google Ads, Google Search Console, Facebook Business Manager, LinkedIn Ad Manager and Google Analytics access.
- If applicable suggested keywords for ad targeting, as well as ad copy suggestions and creative assets are shared with ElixirBizz Digital Solutions by the Client. The Client warrants the Client has the unrestricted legal and/or trademark and patent rights to use the assets provided to ElixirBizz Digital Solutions for digital advertising purposes in all of the territories and/or countries targeted via digital ads. The Client also confirms that ElixirBizz has the right to act as an agent of the Client deploying said creative assets via digital advertising. If any of the creative assets provided by the Client to ElixirBizz can, for whatever reason, no longer be used in digital advertising, it is the sole responsibility of the Client to promptly inform ElixirBizz in writing via letter or official Company email. If ElixirBizz has produced creative assets (ads) for the Client (to be used in digital advertising promoting the Client’s products or services), the Client will take the sole reasonable for promptly pointing out to ElixirBizz (in writing via official Company email addresses) any reasons as to why said creative assets cannot be used / run in digital advertising. These reasons include but are not limited to: use of non approved brand language, use of non approved brand visuals or imagery, use of non approved corporate identity. It is the sole responsibility of the Client to share brand guidelines, as well as lists of ‘non brand approved’ terminology and jargon at the beginning of the cooperation between the Client and ElixirBizz Digital Solutions.
The Client acknowledges the following with respect to services:
ElixirBizz Digital Solutions has no control over the policies of search engines with respect to the type of ads that are being served on the search engine and/or advertising platform and/or the sites and/or content that they accept now or in the future. “Client” site and keywords may be excluded from any website or search engine results page at any time at the sole discretion of the search engine and/or advertising platform.
It is the sole responsibility of the Client to inform ElixirBizz of keywords that should, for whichever non performance related reason, categorically be excluded from targeting.
Media spend can be paid to Google, Bing/Yahoo, Facebook, Instagram, Linkedin or any other advertising platform directly by the Client. ElixirBizz can pay on behalf of the Client, if the Client has prepaid the invoice which includes media spend.
The Client acknowledges that ElixirBizz makes no warranty that digital ads will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose. If performance goal related bonus components are mutually agreed by ElixirBizz Digital Solutions and the Client, ElixirBizz will make reasonable efforts towards achieving said performance related goals. This however does not warrant any guarantees that performance goals can and/or will be achieved.
No liability whatsoever will be accepted by ElixirBizz for any damages or losses arising from or as a consequence of the provision of the Services.
The Client acknowledges that ElixirBizz will invoice service fees for managing ads on Google, Bing/Yahoo, Facebook, Linkedin or any other advertising platform as per the stipulations outlined in the project scope.
Client Review
ElixirBizz Digital Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before uploading to a server or release of the materials to the Client. The client must inform ElixirBizz Digital Solutions of any amendments required (through email only) within 5 days of review and within 7 days of delivery and must not include any change in functionality of the website. At the completion of the project, such materials will be deemed to be accepted and approved.
Once the Client approves the layout, structure of a web page or working of any module, the work necessary to complete the project will continue and hence ElixirBizz would not be able to make further changes again in the approved layouts. If the Client asks for re iteration on an approved module, the same shall be treated beyond the project scope.
Additional Work and Expenses
If the client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.
Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.
Unless agreed, any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.
Client agrees to reimburse ElixirBizz Digital Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.
Web Browsers
ElixirBizz Digital Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that ElixirBizz Digital Solutions cannot guarantee correct functionality with all browser software across different operating systems.
ElixirBizz Digital Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, ElixirBizz Digital Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Passing of Rights
Once all amounts due to us from you are paid and cleared, you are assigned the rights to use, as applicable, the products and services, including, the website which includes the text, graphics, animation, audio components and digital components contained within the finished website.
No such rights as described in above will pass until all amounts due to us from you are paid. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as plugins, source code etc, always remain the property of their respective owners.
Unless you have our specific written agreement, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, graphics, all operational instructions, plugins, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.
Design Credit
A link to ElixirBizz Digital Solutions will appear in either small type or by a small graphic at the bottom of the Client’s website. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than INR 30,000, a fixed fee of INR 6,000 will be applied. The Client also agrees that the website developed for the Client may be presented in ElixirBizz’s portfolio and other marketing material.
Access Requirements
If the Client’s website is to be installed on a third-party server, ElixirBizz Digital Solutions must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
ElixirBizz Digital Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Domain Names, Website Hosting & Other Subscription Services
ElixirBizz Digital Solutions may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of ElixirBizz Digital Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in time.
Abuse
We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of ElixirBizz Digital Solutions’ team members.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.
Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from ElixirBizz Digital Solutions, to another provider.
General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Liability
ElixirBizz Digital Solutions hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of ElixirBizz Digital Solutions to the Client in respect of any claim whatsoever or breach of these terms and conditions, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Bangalore jurisdiction only. The Client & ElixirBizz Digital Solutions Pvt Ltd submit to the non-exclusive jurisdiction of the courts in and of Bangalore in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
