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Best Digital Marketing Agency

K2 Digital Marketing Terms & Conditions

General Terms

The project execution (design/development/SEO/SEM activities) of all the projects we do will take place in our development centers in India, a K2 Digital Marketing is an IT services firm registered and domiciled in India. From Monday through Friday, our typical working hours are 10 a.m. to 6 p.m., IST. The company will be closed on all Sundays and alternate Saturdays (1st and 3rd).  All public holidays in India or in the state of Delhi may also be holidays for the company.

Use Of The Site

We do not charge for access to the Site, but you are responsible for the cost of the communications link you used to access the Site.
At any moment, access to the Site may be suspended, limited, or canceled. We cannot promise that the Site will be error-free, and we will not be held responsible if it is unavailable.
The content of the website’s pages is intended solely for general information and use. It is subject to change at any time without prior notice.
Accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the website for any particular purpose are not warranted or guaranteed by K2 Digital Marketing or any third party.

Links to other websites

K2 Digital Marketing makes no representations about any other websites that you may access through or that are linked to K2 Digital Marketing website. Other websites connected from K2 Digital Marketing website have their own privacy policies, which we are not responsible for. Users must read the privacy policies and statements of any other websites they visit. Any questions or concerns about an external link should be sent to the site’s administrator.

Third Party Content

The website makes information of third parties available, including articles, reports, news reports, tools to facilitate calculation, company information and other data (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by K2 Digital Marketing nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.

By using any Third Party Content, you may leave this website and be directed to an external website, or to a website maintained by an entity other than K2 Digital Marketing. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. K2 Digital Marketing makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that K2 Digital Marketing or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of K2 Digital Marketing or any of its affiliates or subsidiaries.

No warranties

This site, the information and materials on the site, and any software made available on the site, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. There is also no warranty that this site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of damages

In no event shall K2 Digital Marketing or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the website or any linked website, even if K2 Digital Marketing is expressly advised of the possibility of such damages.

Disclaimer

The website may contain inaccuracies and typographical and clerical errors. K2 Digital Marketing expressly disclaims any obligation to update this site or any of the materials on this site. K2 Digital Marketing does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. K2 Digital Marketing reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. K2 Digital Marketing may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.

Indemnity

You agree to indemnify and hold harmless K2 Digital Marketing, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms of Use.

Changes

K2 Digital Marketing reserves the right, at its sole discretion, to change, modifies, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the website after any changes to these Terms of Use are posted will be considered acceptance of those changes. K2 Digital Marketing may terminate, change, suspend or discontinue any aspect of the K2 Digital Marketing website, including the availability of any features of the Site, at any time. K2 Digital Marketing may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. K2 Digital Marketing may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all materials.

Once you agree to work with K2 Digital Marketing, you also agree to:

  • The Cheque/Money Order/Wire Transfer/PayPal Payments will be payable to “K2 Digital Marketing, Delhi. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.
  • At no event will K2 Digital Marketing be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.
  • In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
  • All the applicable taxes will be levied as per actual.
  • For purposes of this paragraph, “Employee For purposes of this paragraph, “Employee shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by K2 Digital Marketing hereunder and for twenty four (24) months thereafter, (i) K2 Digital Marketing agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client , and (ii) Client agrees not to solicit or induce any Employee of K2 Digital Marketing to terminate his or her employment with K2 Digital Marketing or to hire any Employee of K2 Digital Marketing without the prior written approval of K2 Digital Marketing.
  • Neither this Agreement, any Statement of Work or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) a party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) K2 Digital Marketing may subcontract its obligations hereunder to any wholly-owned subsidiaries of K2 Digital Marketing or third party service providers, provided that K2 Digital Marketing remains primarily liable to Client hereunder, including with respect to the acts and omissions of any such parties employed or engaged by K2 Digital Marketing. However, Client may not assign or transfer this Agreement to a direct competitor of K2 Digital Marketing.
  • Client represents to K2 Digital Marketing an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to K2 Digital Marketing for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend K2 Digital Marketing from any claim or suit arising from the use of such elements furnished by Client.
  • K2 Digital Marketing retains the copyrights or ownership to the source code/design of all files produced/developed/designed by K2 Digital Marketing during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.
  • Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India.
  • This agreement contained in this “Proposal constitutes the sole agreement between K2 Digital Marketing and Client and its owners.
  • Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal.
  • All the images and text/content etc is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. K2 Digital Marketing will try its best to use the Royalty free images but once the delivery is done, it is client's responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to K2 Digital Marketing to get it changed. Once the delivery of the work is done, K2 Digital Marketing does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
  • In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to K2 Digital Marketing at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.
  • In an event Client terminates the project during the course of the development of the website; in this case the initial advance will not be refunded.
  • In case of any legal proceeding, the amount paid will not exceed the amount charged from the client.

Website Development Project

  • During the project briefing, it is client's responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
  • Once proposal has been finalized, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will K2 Digital Marketing be liable for any delays caused by change in the project brief.
  • Any complexity related to specific deliverable, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by K2 Digital Marketing.
  • Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
  • The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
  • K2 Digital Marketing takes no responsibility of any of the third-party products, software or components used in the website development such as payment gateway, SSL certificates etc. We suggest you to take regular back-ups to avoid any disruptions.
  • K2 Digital Marketing offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
  • Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
  • Hosting charges are not included in the quotations unless mentioned otherwise. K2 Digital Marketing can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client.
  • Once the website is delivered we will provide 1-month free service including training
  • For e-commerce website - data entry is free for 20 to 55 products only
  • Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. K2 Digital Marketing will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
  • K2 Digital Marketing cannot give access to their test servers and test websites to the clients or any third party.
  • Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.

Hosting Service

  • Hosting is an annual charge which must be paid in advance for the whole year.
  • It is the client's responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hosting's are disabled or deleted from the server.
  • All renewals must be paid by seven working days prior to the expiry date. K2 Digital Marketing will not be responsible for issues relating to delayed payment.
  • Hosting are on shared and non-shared servers hosted via third party providers. K2 Digital Marketing ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
  • Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
  • Incase of a malware attack, K2 Digital Marketing reserves the right to delete files on the hosting service without giving any prior notice.
  • Cancellation/Termination:
    • Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
    • If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. K2 Digital Marketing will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
    • If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
    • Once all invoices are paid, it is client's responsibility to request for the files subject to the below:
  • Emails:
    • All emails are to be downloaded on the client's computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
    • Client's must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
    • K2 Digital Marketing offer packages in co-ordination with third party providers. Changes to the third party provider's rules and policies may ultimately effect the services we provide or the terms and conditions herein.
    • Hosting are on shared and non-shared servers hosted via third party providers. K2 Digital Marketing ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
  • Domains
    • All domain registrations and renewals are to be paid in advance.
    • Expiration of  a domain can result in service disruption and loss of domain.
    • K2 Digital Marketing will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
    • It is client's responsibility to renew their domain names with us.
    • All invoices and dues must be paid in full before we release the requested domain name.
    • K2 Digital Marketing has the domains in a common pool account and therefore cannot give access to its domain control panel.
    • K2 Digital Marketing offer packages in co-ordination with third party providers. Changes to the third party provider's rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Payment terms:

  • Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.
  • Monthly maintenance package fees will be charged to the client's credit card on file on the 1st day of every month.
  • An administrative fee of Rs. 1999 will be charged to the clients account for any late payments or declined credit card charges.
  • More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
  • There are absolutely no refunds for any fees related to the monthly maintenance package.