By continuing to access and utilize this website, you are acknowledging and consenting to adhere to the ensuing terms and conditions of use. These terms and conditions, coupled with our privacy policy, establish the framework governing the relationship between you and this website concerning your utilization of this website.

Your utilization of clicknify is contingent upon compliance with these Terms and Conditions. Through your use of the website, you explicitly agree to abide by said terms, inclusive of the 'Privacy Policy' and any supplementary policies disseminated by Clicknify. We trust your experience with the site is enjoyable and satisfactory.

Please note that these are generic terms, and it's advisable to review and customize it according to the specific requirements and legal advice. Whereas the services provided by the Service Provider are distinguished by their uniqueness and variance, the ensuing terms and conditions are generally applicable and shall govern in the event of any silence or omission within a specific agreement.

The particular terms pertinent to each service shall be expressly delineated in the invoice provided by the Service Provider. Save for these Common Terms & Conditions, supplementary conditions shall be operative contingent upon the client's procuring of the invoiced services.

1. By accessing this website, we assume you accept these terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

(a) The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, and all Agreements: "Client," "You," and "Your" refer to you, the person logging on to this website and compliant to the Company's terms and conditions. "The Company," "Ourselves," "We," "Our," and "Us" refer to our Company. "Party," "Parties," or "Us" refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most possible 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 law of in. 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.

(b) The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. If any minor has visited the website and engaged into any transaction this will be deemed to be understood that she/he did such a transaction with the permission of her/his parents or guardian.

2. Links: This agreement contemplates that all links provided by the Client have been verified and approved for use on the Client’s Services. The Service Provider takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to the Client from links that have not been approved for use on the Client’s account and Services.

3. Graphics Graphics & Audio, Video Media: It is anticipated that the Service Provider will create, capture, or receive from the Client all graphics, audio, video media elements necessary to complete the Client’s Services. This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and 3rd party stock photography, audio, video, and any media element as listed below:

   
   

3(a). Photography, Audio, Photography/Photo, and Video Shooting: For Clients residing in the India, at the request of the Client, the Service Provider may visit the Client’s place of business and capture images, video, audio in digital format for inclusion on the Client’s Services. The Service Provider will also be able to scan images, send and receive digital media formats for audio, video, and shoot videos at the Client’s request. Due to the differing needs of Clients, the quantity of digital photography, video production, footage, shooting locations, and scans and costs incurred will be negotiated. The client agrees to pay for all additional travel, food, and stay costs for our team involved in this process.

3(b). 3rd Party Stock Photography, Audio, and Video: Any costs incurred in purchasing 3rd party stock photography must be paid by the Client. The Client takes full responsibility for any 3rd Party Stock Photography, Audio, and Video that he provides to the Service Provider by any medium and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from the use of such elements furnished by the Client.

3(c). Text & Files: Text and any other file supplied by the Client shall be provided in popular readable electronic format (i.e., Microsoft Word/.jpg/.gif/.png/.pdf). Submission can be made as: an email attachment; or a CD; or a DVD; or an external USB drive. If the Service Provider is requested to obtain files by other means, then appropriate charges will be incurred.

4. Payment Terms / Workflow:  Unless stated in our quotation or invoice, the Client agrees to pay the Service Provider full cost upfront for all or any Services. Upon receiving the full payment, and making sure that the Service Provider has complete access and content from the Client, our designing and development process will commence. When buying our Services online, the Client is required to pay the full amount upfront through our secure PayPal gateway/american express/western union and all kinds of international credit and debit cards. Only in the case where the total amount for the development exceeds $1500, a minimum deposit of 50% of the total quoted amount is required to commence development. Other means of commencement may be negotiated. The remainder (final payment) of payment is due upon or prior to completion of development. The payment can be made in the form of an online Credit Card Payment, Bank Draft, Money order, Cheques, Bank transfers. The Service Provider reserves the right to remove all web content, designs, development from the Internet if payment is not made before delivery of our completion notification. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, then proper actions may be taken by the Service Provider, and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery. 

4(a) Monthly Service Additional Requests: If the Client wants the Service Provider to develop or design any additional material for web or print purposes, the standard rate of $120/hr will be applicable. The price can be negotiated based on the work required.

5. Subscription Service Payment: "The Client agrees to pay the monthly fees in advance, for each month. The monthly Service Provider reserves the right to hold the monthly services if payment is not made within five (5) days after the due date. If a payment delay is anticipated, please contact the Monthly Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, the proper actions may be taken by the Monthly Service Provider, and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery."

   
   

6. Cookies: We employ the use of cookies. By accessing Clicknify, you agreed to use cookies in agreement with the Clicknify's Privacy Policy. Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

6(a)  We have established this Privacy Policy to explain how it protects and manages the personal information that it collects from you (the customer) online.

6(b) Consent for Collection, Use, and Disclosure

Your use of this site and/or your registration for products and services here constitute your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use this website.

6(c). Accountability: We collect, at the time of your registration and your sign-on to its web site, certain “personal information” (information that personally identifies you) including but not limited to your name, email address, and information about IP address. We take responsibility for your personal information to ensure compliance with the principles in this Privacy Policy.

6(d). Purposes for Collecting Personal Information

We collect and use personal information for the following Identified Purposes:

1. To understand customer needs regarding our services.

2. To develop and provide our web site and our products and services for our customers.

3. To fulfill your requests for products, services or information.

4. To communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available.

5. To allow customers to access limited-entry areas of our site.

6. To personalize some of our services and products for you and to deliver targeted advertisements and offers.

7. To protect the services, products or rights of – including but not limited to the security or integrity of our website.

8. To identify and resolve technical problems concerning our site, products, and services.

9. We also use personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.

6(e) Limiting the Collection of Personal Information

We limit our collection of personal information to only that information which is necessary for the Identified Purposes. When you visit our website, a cookie may be placed on your computer or the cookie may be read if you have visited our web site previously. We use cookies to allow us to determine which products and services you have already purchased/interested in, so that we do not provide redundant information to you, If you choose to not have your browser accept cookies from our web site, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our website.

6(f)  Privacy

Please review our Privacy Policy at  https://clicknify.com/privacy-policy/ which also governs your visit to Clicknify, to understand our practices.

7. Client Amends for Services: The Service Provider prides itself on providing excellent customer service. That is the spirit of our agreement and the spirit of the Service Provider’s business. To that end, we encourage input from the Client during the design process. The Service Provider understands, however, that the Client may request significant changes to Services that have already been rendered to the Client’s specification. To that end, please note that our agreement does not include a provision for significant Design, Development, Research, Marketing or production in excess of our agreement. In case any service exceeds the agreement additional charges may apply.

8. Some examples of significant Service modification at the request of the Client include:

8(a). Designing, producing and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, vision change to accommodate a substantial change at the Client’s request.

8(b). Recreating or significantly modifying the company logo, graphics, resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps and Google Places at the Client’s request.

8(c). Replacing more than 50% of the text, image content to any given page, graphics at the Client’s request.

8(d). Creating a new navigational structure or changing the design or links in graphics at the Client’s request.

8(e). Significantly reconfiguring the Client’s PPC AD account, Campaigns, Advertisement, Graphic Designs or Web Links.

8(f). For Monthly Technical Maintenance: Any content upload, update such as uploading and replacing text, images to any given page at the Client’s request or significantly reconfiguring the Client’s shopping cart with new product upload, shipping or discount calculations if an e-commerce enabled site has been selected by the Client.

8(g). Any additional content update on the website other than the one already included in our Virtual Assistance Plan

Clients who anticipate frequently changing the look of their site during the design process and clients who desire to be an intricately involved design of each page, graphics or PPC campaigns are encouraged to negotiate an agreement before purchasing our Services.

If significant development is requested by the Client in excess of our agreement, charge(s) will be invoiced accordingly.

9. Copyrights and Trademarks: The Client represents to the Service Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting, and otherwise, for inclusion in the Client’s website are owned by the Client or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The client agrees that any content used while developing the website is owned by the client. Under no circumstances will the Service Provider be liable for Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise. The Service Provider will not be liable for any Copyright Infringements.

9(a). Content Liability

We shall also not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

9(b). Intellectual Property Rights

Under these Terms, Clicknify and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for purposes of viewing the material contained on this Website, subject to the restrictions provided in these Terms.

9(c) Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

9(d)Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

9(e) iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

9(f). Restrictions

You are specifically restricted from the following:

• Republishing any Website material in any media;

• Selling, sublicensing, reproducing,copying material and/or otherwise commercializing any Website material;

• Publicly performing and/or showing any Website material;

• Using this Website in any way that is damaging, or that could be damaging to this Website;

• Using this Website in any way that impacts user access to this Website;

• Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.

10. Assignment of Development: The Service Provider reserves the right to assign certain subcontractors to this development to ensure the right fit for the job as well as on-time completion. The Service Provider warrants all work completed by subcontractors for this development.

    
    

11. Additional Expenses: The client agrees to reimburse the Service Provider for any critical Client requested expenses necessary for the completion of the development. Examples would be the purchase of specific fonts; the purchase of specific photography, audio, video;API’s; forms; the purchase of specific software; using any third-party plugins; third-party online portals; submittal to specific search engines at the Client’s request.

    
    

12. Age: Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract, subject to sec 11 of The Indian Contract Act 1872.

    
    

13. Abuse: The client agrees to work together, deal and behave with the Service Provider in a professional manner. Any kind of repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated. The Service Provider has the right to take strict action, legal steps, abiding the law and resume the development process and any related Services right away offering no refund or guarantees to the Client. The Service Provider has zero-tolerance for Clients abusing our Services. 

13(a)  User Comments

Any comments posted by users reflect their own views and not those of Clicknify. We reserve the right to monitor and remove comments that violate these Terms or which are offensive, inappropriate, or breach any third-party rights.

14. Limited Liability: The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. The Client hereby agrees to indemnify and hold harmless the Service Provider from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Service Provider will not publish information over the Internet which may be used by another party to harm another. The Service Provider will also not develop pornographic or illegal software for the Client. The Service Provider reserves the right to determine what is and what is not suitable.

14(a)  Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Clicknify does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Clicknify, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Clicknify shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Clicknify reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Clicknify a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

15. Indemnification: The Client agrees that it shall defend, indemnify, save and hold the Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Service Provider’s development of the Client’s Services. This includes Liabilities asserted against the Service Provider, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless the Service Provider against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall the Service Provider, its officers, agents or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Service Provider records, programs or services. Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.

16. Ownership: Copyright to the finished assembled work of Services produced by the Service Provider and graphics/ Research shall be vested with the Client upon final payment for the development. This ownership is to include design, logo, photos, graphics, source code, work-up files, text, research, branding product and services and any program(s) specifically designed or purchased on behalf of the Client for completion of this development. All materials developed that are intended for publication to the web remain the property of Service Provider until such time as final payment for the development has been tendered by the Client. At this time, all materials become the property of the Client and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached and appropriate penalties will apply.

    
    

17. Design Credit & Reviews: The client agrees that the Service Provider may put a byline on the bottom of their web site, establishing design and development credit. The client also agrees that the web site, graphics, video, audio and any development created for the Client will be included in the Service Provider’s portfolio and the Client will provide a text review, audio or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail. Such requests may be available at some additional charge(s) and at the discretion of the Service Provider.

    
    

18. Nondisclosure: The Client agree that, except as directed by the Service Provider, he/she will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Also, the Client agrees that he/she will not convey any confidential information obtained about the Service Provider including strategies, vision, information mind maps, training to another party.

    
    

19. Completion Date & Cancellation: The Service Provider and the Client must work together to complete the development in a timely manner for both parties to remain profitable. Cancellation of the development at the request of the Client must be made within 2 weeks (14 days) of the purchase. In the event that development is postponed or canceled at the request of the Client after 14 days of purchase, the Service Provider shall have the right to retain 50% of the total amount invoiced for the service as a deposit and development expenses. In the event this amount is not sufficient to cover the Service Provider for time and expense already invested in the development, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification to stop development/services. The final payment will be expected under the same terms as listed in this agreement. The Client agrees that once the Service Provider completes the design, research, marketing, services or development process, any further work will incur an additional cost that will be estimated and quoted to the Client for further development. Unless the Client is a monthly paid service subscriber with the Service Provider, the Client agrees that the Service Provider has no legal liability to work further on the completed services and any projects.

    
    

20. Entire Understanding: These terms thereto constitute the sole agreement between the Service Provider and the Client regarding any development/Services provided by the Service Provider for the Client. It becomes effective immediately upon engagement of services from the Service Provider or buying any Services from the Service Provider. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Service Provider. Both parties warrant that they have read and understood the terms set forth in this agreement. This agreement is effective on all the Clients that the Service Providers has rendered Services and where the Client has purchased the Services, and for any Client that has any Services with the design credit or byline in the footer mentioning “powered by” or “website designed by” etc. linked to the Service Provider’s URL’s.

    
    

21. REVISIONS TO THESE TERMS OF AGREEMENT 
    The Service Provider reserves the right to revise, amend, or modify the Terms of this Agreement and other Terms Of Use, Privacy Policies and Agreements at any time and in any manner. Notice of any revision, amendment, or modification may be posted in accordance with our Terms of Agreement.

    
    

22. Unauthorized use of the Clicknify Logo is strictly forbidden. Users must not reproduce, modify, or distribute the Logo without written consent. Breach may lead to legal action. Users indemnify the Owner from liabilities. This constitutes the entire Agreement; amendments require written consent.

    
    

23. Website, Web Design, Web Development / Plans / Packs / Packages – Terms & Conditions: For Clients purchasing the Website Design Services as contemplated in each of the Web Design Plans mentioned on the respective pages:

23.1 Domain Registration: At the Clients request, the Service Provider may secure a domain name (www.myname.com | .ca, etc.) on behalf of the Client. All charges incurred in doing so will be billed to the Client as an additional fee. These are Internet fees and are not a source of income for the Service Provider. Should the Client desire a specific domain name that is already owned by another party then an alternative domain name must be registered. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.

23.2 Standard Hosting Services: At the Clients request, the Service Provider may order an account with a Host Provider on behalf of the Client or the Client may order the account independently. We offer the Client the ability to order this account independently as a way to help the Client control cost. If the Client chooses to have the Service Provider order an account with a Host Provider, the Client agrees to pay all necessary hosting fees before ordering. If however, the Client is not an advanced user of the Internet, the Client is encouraged to use the services of the Service Provider to secure and maintain this account. Such requests may be available at some additional charge(s)

23.3. Email Assistance: The Service Provider may offer email assistance to Clients who have their World Wide Web site residing on the Service Providers server. This includes a provision to assist the Client with email setup using the maximum number of accounts allowed by the Service Provider. Current email clients supported by the Service Provider include all versions of Microsoft Outlook Express and Outlook for all Microsoft Office products. In some cases where the email setup is not successful, the Client may have to contact their Hosting or Email company for further assistance. For Clients whose World Wide Web site resides off the Service Providers server, it is urged that the Client contact their Hosting Provider for email assistance. 

23.4 Cross-Browser Compatibility: Our agreement contemplates the creation of a website viewable by, Microsoft Internet Explorer 10 and Google Chrome. Compatibility is defined herein as all critical elements of each page being viewable in both browsers. The client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The client is also aware that as new browser versions of Internet Explorer and Chrome are developed, the new browser versions may not be backward compatible. If requested by the Client, time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated.

23.5 Add-Ons: These are additional configurations, features, programming languages that the Client may wish to use for their World Wide Web site. If a large scale development using any and or all of these add-ons is necessary, the price can be negotiated for CGI / PHP / Macromedia Flash / DHTML / Real Audio/Video / QuickTime / QuickTime VR / Microsoft Media / Java Applets / JavaScript / MySQL Databases, E-commerce/Merchant Account/Secure Certificate. The Service Provider recommends the use of your banks’ e-commerce services. If information is required, the Service Provider will be pleased to offer assistance in obtaining further information. The Client understands and agrees that any cost and charges incurred directly or indirectly related to the Client’s E-commerce website portal, fees, penalty or sales are not covered by the Service Provider. From the day the website is completed by the Service Provider; the Service Provider makes absolutely no liability for Client’s eCommerce customer complaints and any transaction, function, configuration, third-party plugin, open-source CMS, application failures. The Service Provider is not responsible for maintaining the Client’s website unless the Client is a monthly paid service subscriber for technical monthly maintenance packages.

23.6 Search Engine Registration: Upon final payment of development and at the Client’s request, the Service Provider will optimize the Client’s World Wide Web site with appropriate titles, keywords, descriptions, and text and thereafter submit the Client’s World Wide Web to free search engines and directories.

23.7  Website Design Services: The client agrees that the Service Provider may use open source platforms such as WordPress CMS and third-party applications to build website and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications. The Client also agrees and understands that problems arising due to third-party hosting, servers, domain providers or any technical reason or by the act-of-god is not the fault of Service Provider and therefore agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.

23.8. SEO Keywords & Pages:   The Service Provider does not provide any Warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche.  If the Client is looking for a guarantee over the page rank, the Client should get our Search Engine Optimization services.

MONTHLY WEBSITE MAINTENANCE, SEO TERMS

24. Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, Woocommerce, Website Maintenance: For Client’s purchasing Monthly Technical Maintenance and Monthly Seo Services – The Client agrees to let the Service Provider update and maintain their website on a monthly basis. The Client understands agrees and authorizes the Service Provider to make changes to the programming, HTML, PHP, CSS, JQuery, coding, database, feeds, server settings, configurations, DNS, MX, Seo keywords, locations, XML, plugins, widgets, applications, podcast and security settings, backup, content and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.

    
    

25. Monthly Website Maintenance Service Assistance: For Clients purchasing Monthly Technical Maintenance and/or Virtual Assistance Services – The Client understands and agrees that Website Maintenance is performed on a periodic basis depending on the size of the website. Any request by the Client in excess to the maintenance plans will be billed separately and must be submitted via email between 10 AM to 4 PM, Mon – Fri. Any request received after 4 PM will be considered as a request for the next working day. The client agrees that to process such requests, the Maintenance Service Provider may take 3  to 5 business days depending on the request queue.

    
    

26. Monthly Maintenance Guarantee: The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and/or Woocommerce, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on a number of factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by act of God; making the monthly maintenance guarantee ineffective and therefore agrees to hold the Maintenance Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.

    
    

27. Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan such as the Technical Maintenance Plans, Monthly SEO Plans, Google AdWords Management, Analytics Reporting must be notified sixty (30) days before the cancellation date via email/mail. In the event that updates are postponed or canceled at the request of the Client by email, the monthly Service Provider shall have the right to retain 50% of the original payment as a deposit and maintenance expenses. In the event this amount is not sufficient to cover the Maintenance Service Provider for time and expense already invested in the maintenance, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop monthly updates. The final payment will be expected under the same terms as listed in this agreement.

    
    

28. Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Clicknify; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to Clicknify. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Clicknify's logo or other artwork will be allowed for linking absent a trademark license agreement.

29. Saving and Limitation of Liability Clause

Notwithstanding the Company’s established proficiency, extensive experience, and demonstrated record of delivering services of the highest calibre in the domains of Market Research, Digital Marketing, Social Media Marketing, Branding, Website Development, Application Development, Personal Branding, and allied services, the Client expressly acknowledges and agrees that the outcomes and results arising from the Company’s services are inherently subject to a multitude of external variables, market dynamics, and third-party influences which may, in rare and exceptional circumstances, result in deviations from the anticipated or represented deliverables.

Accordingly, the Company, its directors, officers, employees, agents, and affiliates shall not be held liable for any such differences, deviations, or variations in the results of services rendered, provided that the Company has exercised reasonable care, skill, and diligence in the discharge of its contractual obligations. The Client further agrees that any representations, warranties, or assurances, whether express or implied, as to specific results or outcomes are hereby expressly excluded to the fullest extent permitted by applicable law.

30. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

31. Arbitration Clause:

Any dispute, controversy, or claim arising out of or relating to these Terms, including but not limited to its formation, interpretation, breach, termination, or validity, if not settled by the companies mechanism , shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India).

The arbitration shall be conducted by a single arbitrator appointed by mutual agreement between the parties. If the parties fail to agree on the arbitrator within [90] days from the date of written notice of arbitration, the arbitrator shall be appointed by the legal wing of Clicknify in accordance with its rules.

The seat of arbitration shall be Lucknow , India. The language of the arbitration shall be English or Hindi.

The arbitration proceedings shall be confidential and conducted in accordance with the rules of arbitration agreed upon by the parties or, in the absence of such agreement, in accordance with the rules of the company.

The decision of the arbitrator shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

Each party shall bear its own costs associated with the arbitration proceedings, including but not limited to legal fees and expenses.

This arbitration clause shall survive the termination or expiration of these Terms.

31(a). Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of India, and you submit to the non-exclusive jurisdiction of the state and federal courts located in India for the resolution of any disputes in the proper hierarchy. 

32. Planning and quoting for your project

32(a) We will generate a plan and quote for the production of your project, and this is sent to you as an email or any appropriate means. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.

32(b) The plan and quote we provide to you are only valid based on the information you give us is true. Any changes in circumstances or requirements may result in an amended plan and quote.

33. Changes and amendments to your project after completion

33(a) We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed five working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.

33(b) Any changes or amendments that affect the original brief may be subject to an additional charge.

33(c) Any changes or amendments that we are notified of after five days of the submission of the watermarked draft may be subject to an additional charge.

34. Our right to cancel

34(a) We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.

34(b) Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.

34(c) Force Majeure"Clicknify shall not be liable for any failure or delay in performance under these Terms and Conditions or any agreement resulting therefrom, where such failure or delay arises directly or indirectly from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government actions, strikes, labor disputes, power outages, or telecommunications or network failures ("Force Majeure Event").

In the event of a Force Majeure Event, Clicknify shall be excused from performance to the extent it is prevented or delayed by such event. Clicknify shall promptly notify the affected party of the occurrence of a Force Majeure Event and its expected duration, and shall use commercially reasonable efforts to mitigate the impact of such event.

During the continuance of a Force Majeure Event, the affected party's obligations under these Terms and Conditions or any agreement resulting therefrom shall be suspended to the extent affected by such event. However, the parties shall make every reasonable effort to resume full performance as soon as practicable after the Force Majeure Event ceases.

Clicknify shall not be liable for any damages, losses, or expenses incurred by the other party as a result of a Force Majeure Event."

35. Your right to cancel

35(a) You reserve all rights to terminate the provision of our services at any time.

35(b) In the event of any cancellation on your behalf, all deposit payments are non-refundable.

36. Late payments

36(a) Invoice credit terms will be specified at the Exhibit section of the perticular contract document. Payment is required before the credit term expires.

36(b) If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 8% rate of interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.

36(c) When sending payment by cheque, you must allow for a reasonable time for the cheque to be delivered to our offices and paid into our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.

37. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: contact@clicknify.com

• Phone: +91 8736879757

38. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Site.

4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Engage in unauthorized framing of or linking to the Site.
8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.

14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18. Delete the copyright or other proprietary rights notice from any Content.

19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 24. Use the Site in a manner inconsistent with any applicable laws or regulations.

39. The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

We would like to mention that:

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

When you upload, submit, store, send or receive content to or through our website/Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our website/services.

(a) Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, with or without any prior notice. What constitutes a material change will be determined at our sole discretion.

(b) When permitted by law, we, and all our suppliers, vendors, partners, associates, staff, officers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of us, and our suppliers, vendors, partners, associates, staff, officers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supply you the Services again).

In all cases, We, and our suppliers, vendors, partners, associates, staff, officers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

(C) The information and services on the Website are provided "as is". Clicknify makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Clicknify does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

(d) Acceptance of Terms: Including a clause that specifies how acceptance of these terms is recorded might be useful. Is it by using the site, clicking an "I agree" button. I understand that by Signing and Clicking the “Confirm Contract” button, I have read and accepted the terms & conditions stated on this page. The following terms and conditions are applicable for clients that have received an invoice from Clicknify The above terms and conditions outline the rules and regulations for the use of Clicknify's Website, located at clicknify.com This Agreement shall begin on the date hereof.