Terms and Conditions
Our Registered Business Name is Thooya Infotech, and Our Official Website address is https://ithooya.com.
This Agreement is by and between Thooya Infotech, its Clients their heirs, assigns, agents and contractors and Users of Thooya Infotech’s (https://ithooya.com) website. By accessing the Thooya Infotech website (https://ithooya.com) or Business with Thooya Infotech, you acknowledge and agree that you have read, understood, accepted and agreed to be bound by all the terms and conditions of this Agreement.
DISCOUNTS | OFFERS | NEGOTIATION
- The Client acknowledges that we mention the “Original Price” for each service, but we provide the Best discounts due to customer negotiation or promotional times. If the Client chooses those offer prices, their SEO First Page Guarantee and/or quality of the designs and works may be rendered void, at our discretion.
- The Client agrees to pay the “Original price” for services if those require the best output/service from Thooya Infotech.
- The Client acknowledges that if they really want an offer price or a negotiating price from thooya infotech, they are not eligible to inquire about the quality of the job/service or any assurances from thooya infotech.
IMPLEMENTATION OF SEO SERVICE
- Thooya Infotech guarantees that the Client’s website will appear on the first page of designated Search Engines within an agreed period of time of the Commencement Date. If Thooya Infotech is unable to achieve this ranking within that time period, Thooya Infotech agrees to provide further optimization services until such time when Client’s website is listed on the first page.
- The Client acknowledges that Thooya Infotech may, as part of the Client’s SEO campaign, add links and content to the Client’s website. If the Client chooses to reject these additions, their First Page Guarantee may be rendered void, to the discretion of Thooya Infotech.
- The Client acknowledges that the guarantee applies only to selected keywords chosen by the Client, Thooya Infotech will advise the Client to which keywords guarantee applies.
- The Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of Thooya Infotech. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control.
- Thooya Infotech will use best efforts, techniques and accepted standards to improve the Client’s Search Engine Ranking but cannot guarantee of #1 ranking of the Client’s website on any major Search Engine using the Client’s desired keywords. The Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages and the popularity of that term on other websites.
- The Client further acknowledges and understands that a website’s rankings may go backwards. The Client agrees if this were to happen, no liability will be on Thooya Infotech and no refunds or discounts given.
- Thooya Infotech is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
- Thooya Infotech is not responsible for the Client overwriting Thooya Infotech’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
- Thooya Infotech follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
- Duplicate sites, duplicate content or pages, redirects or doorway pages.
- link farms or any spanning techniques which may harm the website’s ranking with Google.
- Increased traffic or sales
- hidden links
- automated website submission software or websites
- The Client acknowledges that Thooya Infotech will add an “SEO Services” by “Thooya Infotech” link to the footer section of each website they work on. This is Thooya Infotech’s branding and to remove it will cost Rs. 5,000.
WEB DESIGN AND DEVELOPMENT
- Thooya Infotech agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.
- The Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions.
- The Client agrees to provide information to Thooya Infotech within 30 days of signing the agreed Project Brief. The Client agrees that if it fails to deliver information or content to Thooya Infotech to enable development work to commence within thirty (30) days, Thooya Infotech may at its discretion consider the project cancelled. The Client also agrees that no refund would be payable under this circumstance.
- Thooya Infotech will send the Client a “Web Draft” once work is completed. The Client agrees to review and test the website for grammatical, spelling, graphical errors and coding bugs. The Client hereby agrees that it is their sole responsibility to notify any such errors during the revision cycle and before the final files have been generated. The Client agrees to provide feedback and revisions to Thooya Infotech within fourteen (14) working days after receipt of the draft.
- The Client is responsible for acquiring and purchasing a domain name. Thooya Infotech may at its discretion advise the Client on suitable names.
- The Client hereby acknowledges that Thooya Infotech is not responsible for any errors, grammatical or otherwise found in the submitted material Client provides towards the development of the website.
- Thooya Infotech agrees to resolve any errors or implement revisions requested by the Client. The Client agrees that a maximum of three revisions are available.
- Client acknowledges that any change requests after final approval has been given to Thooya Infotech or after website is live in Production, that Thooya Infotech reserves the right to require Client sign a new contract and pay any subsequent fees. Thooya Infotech will not commence work on subsequent change requests until full payment has been received.
- The Client acknowledges that Thooya Infotech will add a “Web Design” by “Thooya Infotech” link to the footer section of each website they work on. This is Thooya Infotech’s branding and to remove it will cost Rs. 5,000.
- Thooya Infotech will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that Thooya Infotech have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
- The Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability for optimum.
- Thooya Infotech may recommend changing the Client’s host or server, in order to protect the interests of your website’s ranking within the Search Engines. Thooya Infotech offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
- The Client may elect to host their website with Thooya Infotech for an additional annual fee. The Client agrees to pay the annual hosting charge in advance of the commencement of hosting services.
- Thooya Infotech provides many types of hosting Servers / Services to meet the demands and budgets of our clients; we will notify you about this during the project. The price of the server determines the quality, speed, and performance of the hosting server.
- Client acknowledges that Thooya Infotech may from time to time be required to perform maintenance, upgrades or replacements to servers. Thooya Infotech reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, Thooya Infotech will notify Client via e-mail or phone call at least 24 hours before the due date and time for maintenance.
- Client acknowledges that if your website / Domain needs to be transferred from another hosting provider to our hosting provider, the transfer will be free of charge. However, transferring your website / Domain from our hosting to another hosting provider will be charged. (Price from Rs. 2,000 to Rs. 5,000).
IMPLEMENTATION OF GOOGLE ADWORDS®
- Thooya Infotech shall provide the Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.
- The Client expressly permits Thooya Infotech to create a Google AdWords™ account on their behalf. The Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. The Client’s account will be deemed active once Google™ approves it for online advertising. Thooya Infotech is not liable if the Client’s account is rejected.
FACEBOOK AND SOCIAL MEDIA ADVERTISING
- The Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. Thooya Infotech will make every effort to create a substitute advertisement.
- If the advertisement is rejected due to content, Thooya Infotech shall require the Client to supply a new copy acceptable to aforementioned sites. Thooya Infotech cannot be held liable for the rejection of ads by third party websites.
- The Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, Thooya Infotech is not liable for this decision and no refund will be payable.
- If requested Thooya Infotech shall provide the link building services as specified on the Thooya Infotech website and to the agreed specifications on the Project Brief.
- The number of links stated in the Project Brief is the number of links that THOOYA INFOTECH will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
- THOOYA INFOTECH offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
- The Client acknowledges that THOOYA INFOTECH is not liable for the content of those sites. Use of any such linked website is at the Client’s own risk.
COPYWRITING & DESIGN WORKS
- Thooya Infotech agrees to produce written material for inclusion on the Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
- The Client may provide an additional copy to Thooya Infotech, Client accepts full responsibility for all detail contained in the copy provided to Thooya Infotech and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
- The Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. Thooya Infotech is not liable for errors discovered after publication.
ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
- All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Thooya Infotech during the implementation of any contract between Thooya Infotech and Client shall remain with Thooya Infotech until full payment has been received.
- Upon full payment, Thooya Infotech hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.
TERM OF AGREEMENT AND CANCELLATION
The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed:
- 180 days for search engine optimization (SEO) contracts
- 90 days for Google AdWords™ and Social media advertising contracts
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- Thooya Infotech warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed-upon Project Brief.
- The Client acknowledges that Thooya Infotech does not warrant or make any representations concerning the accuracy of design, content, features, features, functions and performance of any web pages created by Thooya Infotech or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.
- The Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by Thooya Infotech rests solely with them.
- The Client as a result of this agrees that Thooya Infotech is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of nature; telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a significant scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
- Thooya infotech will make every effort to deliver service to the Client in a timely manner. Thooya infotech is not responsible for project delays or planned service delivery deadlines.
- The Client agrees Thooya Infotech is not liable for the absence of services as a result of illness or holiday.
- Our Working Time is Monday to Friday IST 9 am to 7 pm. (We consider government holidays, religious holidays, and local festive days to be our vacation.)
- The content on this Website is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by Thooya Infotech and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
- Invoices are payable within five (5) business days from the date of the invoice.
- For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee. The Client will be billed for each month for the maintenance fee until the customer provides Thooya infotech with a written cancellation request.
- If payment has been declined or has not been made within 30 days, the Client’s account will be suspended and a reactivation fee of Rs. One thousand five hundred (INR 1,500) will apply.
- If payment has not been received after 90 days, this will result in termination of our services and any links, Database, Images, and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.
OTHER LEGAL NOTICES
The Trademarks used herein are registered trademarks and used under license:
– YouTube™ and Google AdWords™ are registered trademarks of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043
– LinkedIn® is a registered trademark of Linkedin Corporation, 2029 Stierlin Ct. Mountain View, CA 94043.
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