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TERMS & CONDITIONS

Please read these Terms and Conditions carefully before using our services. By accessing or using our services, you agree to be bound by these Terms.

Effective Date: December 2023
1

Agreement to Terms

By accessing and using The Digital Drive website and services, you accept and agree to be bound by the terms and provision of this agreement.

Important Notice

If you do not agree to abide by these Terms, you are not authorized to use or access our services. These Terms constitute a legally binding agreement between you and The Digital Drive.

Modification of Terms: We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page.

2

Services Description

The Digital Drive provides digital marketing services including but not limited to:

  • Search Engine Optimization (SEO)
  • Social Media Marketing
  • Content Marketing
  • Pay-Per-Click Advertising
  • Web Design & Development
  • Digital Strategy Consulting
  • Analytics & Reporting
Service Limitations

We reserve the right to refuse service to anyone for any reason at any time. Service availability may be subject to geographical and technical limitations.

3

User Responsibilities

As a user of our services, you agree to:

  • Provide accurate and complete information
  • Maintain the security of your account
  • Not use our services for illegal purposes
  • Not attempt to gain unauthorized access
  • Not interfere with service operation
  • Comply with all applicable laws and regulations
Prohibited Activities

You may not use our services to engage in any illegal activity, send spam, distribute malware, or violate any third-party rights. Violation may result in immediate termination of services.

4

Payments & Refunds

All services are subject to payment. Our payment terms are as follows:

Service Type Payment Terms Refund Policy
One-time Projects 50% advance, 50% on completion No refund after work begins
Monthly Retainers Monthly in advance No refund for partial months
Consultation Full payment in advance 24-hour cancellation policy
Digital Products Full payment Non-refundable after download

Late Payments: Payments overdue by more than 15 days may result in service suspension. A late fee of 2% per month may be applied to overdue balances.

5

Intellectual Property

Our Rights: All content on our website, including text, graphics, logos, and software, is the property of The Digital Drive and is protected by intellectual property laws.

Client Deliverables: Upon full payment, clients receive ownership of final deliverables created specifically for their project, excluding:

  • Our proprietary tools and methodologies
  • Pre-existing templates and frameworks
  • Third-party assets with separate licenses
  • Source code for custom software
License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services for your business purposes, subject to these Terms.

6

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information received from the other party.

  • We protect your business information and data
  • You protect our proprietary methodologies
  • Confidentiality survives termination of services
  • Exclusions include publicly available information

Data Protection: We implement appropriate security measures to protect your data, but cannot guarantee absolute security.

7

Limitation of Liability

To the maximum extent permitted by law, The Digital Drive shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, revenue, or data
  • Business interruption losses
  • Third-party claims
Maximum Liability

Our total liability for any claim arising from or relating to these Terms or our services shall not exceed the total amount paid by you for the services in the 12 months preceding the claim.

Force Majeure: We are not liable for delays or failures in performance due to circumstances beyond our reasonable control.

8

Termination

Either party may terminate services:

  • By Client: With 30 days written notice for monthly services
  • By Us: For violation of these Terms
  • Immediate Termination: For illegal activities or non-payment

Effects of Termination: Upon termination:

  • All outstanding payments become due immediately
  • Access to services will be discontinued
  • Confidentiality obligations continue
  • We will provide final deliverables if paid for
9

Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of India.

  • Jurisdiction: Courts in Lucknow, Uttar Pradesh
  • Dispute Resolution: Arbitration before litigation
  • Mediation: 30-day negotiation period required
  • Legal Fees: Prevailing party entitled to costs

Class Action Waiver: You agree to resolve disputes individually, not as part of any class or representative action.

AGREEMENT ACKNOWLEDGEMENT

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are agreeing on behalf of a company or organization, you represent that you have the authority to bind that entity.