Terms & Conditions
Zingbizz is a digital marketing company that helps you grow your business online. We offer a range of services such as SEO, social media, email marketing, web design, and more. These terms and conditions (the “Terms”) govern your access to and use of our website (the “Website”) and our services (the “Services”). By using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.
1. Services:
We will provide you with the Services as described on our Website or as agreed in a separate written agreement between you and us (the “Agreement”). We will use reasonable efforts to deliver the Services in a timely and professional manner, in accordance with the industry standards and best practices. We will also comply with all applicable laws and regulations in providing the Services.
2. Payment:
You agree to pay us the fees for the Services as specified on our Website or as agreed in the Agreement. Unless otherwise stated, all fees are exclusive of taxes, which you are responsible for paying. You also agree to reimburse us for any reasonable expenses that we incur in providing the Services, such as travel, accommodation, software, or hardware costs. We will invoice you for the fees and expenses on a monthly basis or as agreed in the Agreement. You agree to pay our invoices within 30 days of receipt. If you fail to pay our invoices on time, we may charge you interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is lower. We may also suspend or terminate the Services until you pay the outstanding amount.
3. Intellectual Property:
We retain all rights, title, and interest in and to our Website, Services, and any materials, content, or deliverables that we create or provide as part of the Services, including any trademarks, logos, designs, graphics, images, text, software, code, or other intellectual property (collectively, the “IP”). We grant you a limited, non-exclusive, non-transferable, revocable license to use the IP solely for the purpose of receiving and using the Services, subject to these Terms and the Agreement. You agree not to copy, modify, distribute, sell, or otherwise exploit the IP without our prior written consent. You also agree not to use the IP in any way that infringes or violates our rights or the rights of any third party.
4. Confidentiality:
We may exchange confidential or proprietary information with you in connection with the Services, such as business plans, strategies, data, or trade secrets (collectively, the “Confidential Information”). We agree to use the Confidential Information only for the purpose of providing the Services and to protect it from unauthorized use or disclosure. We will not disclose the Confidential Information to any third party, except as required by law or with your prior written consent. We will also require our employees, contractors, and agents who have access to the Confidential Information to abide by the same obligations of confidentiality. The Confidential Information does not include any information that: (a) is or becomes publicly available without breach of these Terms; (b) was rightfully in our possession before receiving it from you; (c) was rightfully obtained by us from a third party without restriction on disclosure; or (d) was independently developed by us without reference to the Confidential Information.
5. Disclaimer:
We provide our Website and Services on an “as is” and “as available” basis, without any warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that our Website or Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results of using our Website or Services will be accurate, reliable, or satisfactory. You agree that your use of our Website or Services is at your own risk and that you are solely responsible for any damages or losses that may result from your use of our Website or Services.
6. Limitation of Liability:
To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use our Website or Services, even if we have been advised of the possibility of such damages. In no event will our total liability to you for all claims arising out of or in connection with your use of or inability to use our Website or Services exceed the amount of fees paid by you to us for the Services in the 12 months preceding the date of the claim.
7. Indemnification:
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of or inability to use our Website or Services; (b) your breach or violation of these Terms or the Agreement; (c) your infringement or violation of any rights or laws of any third party; or (d) any content or materials that you submit or provide to us or through our Website or Services.
8. Termination:
We may terminate or suspend your access to or use of our Website or Services at any time, for any reason, and without notice, including, but not limited to, if we believe that you have violated these Terms or the Agreement. Upon termination, you will lose all access to our Website and Services and we may delete any content or materials that you have submitted or provided to us or through our Website or Services. We will not be liable to you or any third party for any termination or suspension of your access to or use of our Website or Services. You may also terminate your access to or use of our Website or Services at any time, by ceasing to use our Website or Services and notifying us of your decision. Termination of your access to or use of our Website or Services will not affect any rights or obligations that have accrued prior to the termination.
9. Governing Law and Dispute Resolution:
These Terms and the Agreement are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms, the Agreement, or the Website or Services will be submitted to the exclusive jurisdiction of the courts of India, unless otherwise agreed by the parties in writing.
10. General:
These Terms and the Agreement constitute the entire agreement between you and us regarding your use of our Website and Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, on the same subject matter. If any provision of these Terms or the Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Our failure or delay to exercise or enforce any right or remedy under these Terms or the Agreement will not constitute a waiver of such right or remedy.