This document contains terms and conditions (“T&C”) which outline the rules and regulations pertaining to the paid services offered by Infidigit Consultants Private Limited (an Indian company registered under the Companies Act, 2013) collectively referred to as (“Infidigit”), and purchased from its website at https://www.infidigit.com/(“Website”). By purchasing any of the services on the Website you accept these T&C.
The following terminology applies to these T&C and any other agreement entered into with Infidigit (unless expressly stated otherwise): “Client”, “You”, “you”, “Your” and “your” refers to you, the person who purchases services from Infidigit and must be compliant to the Company’s T&C. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Infidigit. “Party” may refer to either the Client or ourselves, and “Parties” refers to both the Client and ourselves together. “Agreement” refers to and includes these T&C and any other written or verbal communication between the parties, regarding the paid services offered by Infidigit. All terms in these T&C refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, the prevailing laws of The United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
This Agreement shall have effect from the date on which you pay for Infidigit’s services.
Our T&C are subject to change from time to time without any notice and you are expected to review and stay compliant with our T&C (as amended).
Payment Terms
The services provided by Infidigit are paid services. By registering for an Infidigit paid account plan, you agree to pay the subscription fees (“Fees”) applicable to the plan subscribed for. Unless otherwise stated, all Fees shall be paid in Rupees. Infidigit expressly reserves the right to revise and alter the Fees at any time. In case you are an existing customer such changes will be communicated to you before the renewal date. The Fees shall be billed to your credit card / debit card / other mode of payment, and payments made in any other currencies would be subject to conversion fees, convenience fees and any other fees, as applied by your bank or our payment processor Stripe, as the case may be, and whose terms and conditions and privacy policy can be found on their website at https://stripe.com.
The Fees are payable in advance and will not be refundable once the services are started. We reserve the right to deactivate your access to your Infidigit account if you fail to pay the applicable Fees. However, you will be eligible for a full refund if you do not configure any tools within your account and this refund will be processed within 5-7 working days. For a smooth refund process, you must provide current, complete and concrete billing information. All the billing information must be promptly updated by you to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify Infidigit if your credit card / debit card / other mode of payment is cancelled or stops working (including if it is lost or stolen), or if you become aware of a potential breach of security (such as an unauthorised disclosure or use of your name or password). You must replace the information for any card or other mode of payment that expires with information for a valid one, or with another accepted mode of payment. If your card or other mode of payment is automatically replaced with a new one with our payment processor, you acknowledge and agree that we are authorised to deduct any charges on your account against the new card or other mode of payment. You agree to promptly pay Infidigit in the event of any refusal of your credit card / debit card issuer or bank to pay any amount to Infidigit for any reason whatsoever. You agree to pay all costs of collection, including attorney’s fees and costs, on your outstanding balance. In the event you fail to pay any amount when due, Infidigit may immediately suspend or terminate your account and your access to your Infidigit account and to Infidigit’s services.
Infidigit account subscriptions have a defined amount of limits available per month. Exceeding the limits of your subscription will require an upgrade. These limits are subject to change and may vary depending upon your usage. If we detect unusual or abusive use of services, your account may be suspended or terminated.
Infidigit reserves the right to cancel your Infidigit account without refund or proration if you violate any of the terms of the T&C, try to scrape or resell data, share your login with a third party, or otherwise abuse your Infidigit account, the content, or services provided by Infidigit.
To keep client services and Infidigit digital strategies innovative in an ever increasingly competitive and ever-changing online marketplace, Infidigit reserves the right to adjust its service packages pricing, plan and package deliverables, software subscription fees, etc. these changes shall become effective as of the first day of the renewal of Your service term (unless otherwise agreed in writing with/by Infidigit). For clients who do not have fixed service term, the effective date shall be the first day of the following month after the change in fees has occurred and has become visible on Infidigt’s website.
Your subscription will renew automatically unless we terminate it or you terminate your subscription on the Website.
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card / debit card or other payment methods.
Payments must be made promptly. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent sixty (60) days after its due date, an additional 5% penalty will be added for each month of delinquency. Infidigit also reserves the right to remove web pages and created work from viewing on the internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
Non-solicitation
During the term of service and agreement with Infidigit and for a period of three years after the termination date of all services and agreements with Infidigit, You will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of Infidigit to terminate his / her employment or services with Infidigit or to perform any work or services for You or any of Your customers, vendors or affiliated companies. You acknowledge and agree that the breach of this section by the Client would cause Infidigit irreparable injury and agree to fully compensate Infidigit a minimum payment of at least three forecasted years of fully loaded compensation at the minimum.
Non-disparagement
During the term of Agreement with Infidigit and for a period of three years after the termination date of all agreements with Infidigit, You agree to take no action which is intended, or would reasonably be expected to harm Infidigit or its reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to Infidigit.
Warranty
Infidigit does not warrant the number of visits, clicks, impressions, revenue, click-through rate, conversion rate or any other performance indicators. Infidigit expressly disclaims and excludes all express and implied representations and warranties, whether statutory or otherwise. The Parties agree that, except as may be expressly provided in the Agreement or the T&C, neither has made or makes to the other any representations or warranties respecting the compensation that the other may expect to earn or receive pursuant to the Agreement or T&C, or otherwise. Search engine optimization has the risk of algorithmic changes or manual optimization actions by search engines. Infidigit offers no guarantee or warranty of present or future placement, received traffic, or traffic improvement in any specific search engine. If the Client gives Infidigit control over advertising budgets and allows Infidigit to make changes to budgets on their behalf, the Client agrees to hold Infidigit harmless from any unanticipated overspend, underspend, or budget pacing. Liability for advertising costs any payments will lie exclusively with the Client.
Phone Call and Web Meetings
When you are in touch with Infidigit over call, the call may be monitored or recorded for quality assurance purposes. Your continued participation in any telephonic or web meeting conversations serves as an express consent to be monitored or recorded.
Rights to use the brand name
By registering for services on Infidigit, users agree to grant us the right to use their brand name, logo, and associated trademarks for marketing and promotional purposes. This permission includes, but is not limited to, the display of the user’s brand name and logo on the Infidigit and its associated websites, in social media posts, in newsletters, and in other promotional materials. This usage is intended to highlight the user’s association with Infidigit and to promote the platform’s credibility and reach.
Data Retention
We reserve the right to retain user data for a period exceeding the initially specified retention period when deemed necessary for legal, regulatory, or operational purposes. Such retention will be conducted in accordance with applicable laws and regulations, and data will be securely stored and managed to ensure compliance with privacy standards.
Liability Limitations
Infidigit exercises reasonable precautions and skills while executing the project. Having said this, Infidigit excludes itself from any representations, keeping it away from any express or implied warranty in terms of correctness, quality, timelines or accuracy of the service.
Infidigit excludes its employees, contractors, and itself from the following: Any or all liability due to omissions, time, any negligence, etc., that can damage the functioning of the website. The exclusion of liability also includes damage to artwork, content or data provided by the client. The losses could be due to negligence or any other reason.
Excluding personal injury or death as a result of omissions or negligence, Infidigit shall not be held responsible for any damages that arise from the tort, contract or otherwise. The possible damages could be loss or reduction in profit or any claims made by third-party. Infidigit does not hold itself responsible for the performance of third-parties and it shall not be held responsible for their inefficiencies.
Infidigit’s liability for default or breach of any guarantee or warranty expressed within the T&C, shall be limited to the lesser amount actually paid to Infidigit by you in the preceding 12 months.
Infidigit agrees to continue to update and adjust search optimization service and internet marketing service plans in continued ongoing efforts to keep Your website ranking as high as possible. However, Infidigit shall not be liable for loss of income or projected loss of income for any reason, including, but not limited to server failure, traffic variation, shipping cost variations, website unavailability, order decreases, search engine algorithm changes, manual optimisation actions by search engines, keyword position decreases, data corruption or data loss.
Infidigit shall not be held liable for any inconvenience or issues arising from the current lack of mobile device support. Users acknowledge and accept that full functionality is presently available only on desktop or laptop computers.
Infidigit strives to ensure that its services are available at all times, we do not guarantee uninterrupted access. Service interruptions may occur due to maintenance, upgrades, or unforeseen technical issues. We will endeavor to provide advance notice of any scheduled maintenance that may result in service downtime.
Infidigit shall not be held responsible for the content, products, services, trademarks and other aspects of the website that are related to Your business, industry and competitors.
Authorization
By physically signing or digitally approving the Agreement and/or the T&C, or by agreeing to renewal or adding new services verbally. By making payment, You attest that You have read, understood and agreed to these T&C.
Timescale
We put in our full efforts to complete the project on time. We begin the work on Clients’ projects only after receiving the subscription Fees in advance. However, the timelines may need to be extended depending on the factors that are beyond Infidigit’s control.
Jurisdiction
All the Terms and Conditions shall be interpreted and governed as per the law of the State of Maharashtra, Mumbai. All parties irrevocably consent that the courts in Mumbai would have the exclusive jurisdiction towards settling disputes that originate from, in connection or under the terms and conditions listed here. You confirm the acceptance of these terms and conditions when you place an order with us.
Venue
For any action involving matters of these T&C, the venue shall be Maharashtra, City Mumbai, Country India.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. In the event that a court finds that any provision of this Agreement to be invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
No Waiver of Rights
If one Party breaches these T&C, then the failure of the other Party to enforce any rights under these T&C shall not be deemed a waiver of any such rights. The rights and remedies of the parties, as set forth in these T&C, are not exclusive and are in addition to any other rights and remedies provided by law.
Injunction
It is agreed that if the Client violates the T&C, irreparable harm will occur, and money damages will be insufficient to compensate Infidigit. Therefore, Infidigit shall be entitled to seek injunctive relief (i.e., a court order that requires Client to comply with any and all Agreements and these T&C) to enforce these T&C. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing the T&C.