PLEASE READ THE UNIVERSAL TERMS OF THIS ONLINE MARKETING SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Online Marketing Service Agreement (hereinafter referred to as this “Agreement”) is entered into by and between, MEDIATECHRESOURCE.com, an India Digital Services (“India Digital Services”) for SME / Startup / Professional / Enterprises and YOU (hereinafter referred to as the “Client”) and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance of the terms and conditions of this Agreement. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services availed, purchased, or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or availing of Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged, and agreed to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to India Digital Services. The terms “you”, “your”, or “Client” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
This Site and the Services are available only to Users, who can be a party to and enter into legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) are otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from availing, purchasing or receiving Services found under the law laws of the Republic of India or other applicable jurisdiction.
If you are entering into this Agreement, on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity and anyone who uses your account or the Services, whether or not authorized by you.
- DESCRIPTION OF SERVICE
India Digital Service may make available for purchase, from time to time, a variety of online marketing services, including but not limited to, online banner advertisement creation, news distribution, content publishing, blog publishing, email communication tools, registration with several World Wide Web search engines, search engine optimization, link building, search engine optimized press release service, search engine visibility and premium listings services (collectively, “Online Marketing Services”, “Web Promotion” or “Services”), as published on the India Digital Services Web site, subject to the terms and conditions of this Agreement and during which term, India Digital Services agrees to provide to you, Online Marketing Services and other Subscription-based Services purchased by you during the sign-up process.
In order to access the features of this Site or make use of some of its Services, you will have to create an account. You represent and warrant to India Digital Service, that all information you submit, as and when you create your Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete. If India Digital Services has reason to believe that any information pertaining to your Account is untrue, inaccurate, out-of-date, or incomplete, India Digital Services reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible, for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation; your customer number/login and password.
- TERMS OF PAYMENT
Payment for the Online Marketing Services as applicable and selected by you will be on a pre-paid basis; due and payable at the beginning of the term. Payment for Subscription led Services, by Clients availing of monthly or annual Subscription Packages, as applicable, shall become due and payable in advance, from the 1st to 10th of the consecutive month, till the expiry of the subscription term, payable against monthly invoices, sent by India Digital Services.
- GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable laws, rules, and regulations.
You will not collect or generate (or permit anyone else to collect or generate) any User Content or any non-public or personally identifiable information about another User or any other person or entity, without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by India Digital Service in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages, or engages in criminality, violence against people, animals, or property;
- Promotes encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or proprietary rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding India Digital Services.
You specifically acknowledge and agree that your use of this site and the services found at this site, shall be at your own risk. India Digital Service, its officers, directors, employees, and agents, disclaim all warranties; statutory, express or implied. The foregoing disclaimer of representations and warranties, shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site. You further acknowledge and declare that the content posted by you, does not belong to, or is in any way, related to India Digital Service and you further affirm, declare and fully understand that India Digital Services will not be liable for the accuracy or the facts of the content, neither would India Digital Services authenticate the content. You further acknowledge that India Digital Services is only a platform for the distribution of the content to a wider audience.
You agree to protect, defend, indemnify and hold harmless; India Digital Service and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation any legal fees) imposed upon or incurred by India Digital Service, directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
India Digital Service shall before the publication of any content, share the same with the Client, for his/ her final approval, before proceeding to publish the said content. India Digital Services makes it clear, that once the content has been approved by the Client, on the basis of which India Digital Services proceeds to execute the work, no further changes shall be accommodated, at any cost. It is made clear that India Digital Services has a No Refund Policy, in the event of the work being initiated.
- DISPUTE RESOLUTION
This Agreement shall be construed under the laws of the India Digital Service. Any dispute, controversy, or claim arising out of or in relation to the provisions of this Agreement or to the validity, construction, or performance of this Agreement, or the breach thereof, shall be resolved by Arbitration, in accordance with the rules and procedures established under the Arbitration and Conciliation Act 1996, with the seat of Arbitration being , held before a Single Arbitrator, appointed by India Digital Service.
In the event of any breach of the terms of this Agreement, at your end, India Digital Service may, in its sole and exclusive discretion, suspend or terminate your Online Marketing Services or Subscription, as applicable, immediately without any notice. The Online Marketing Services Fees or Subscription Fees, if applicable, may however continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Services fees that accrue during the period of suspension. In the event of the Termination of the Agreement, being sought for by the Client, the aforesaid request must be processed in writing and will be effective on the receipt of such notice.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and sets out all the covenants, promises, warranties, representations, conditions, and agreements between the Parties in connection with the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, pre-contractual or otherwise. There are no covenants, promises, warranties, representations, conditions, understandings, or other agreements, whether oral or written, pre-contractual or otherwise, express, implied, or collateral between the Parties, in connection with the subject matter of this Agreement, except as specifically set forth in this Agreement.
If any term(s) in this agreement is found by the competent judicial authority to be unenforceable in any respect, the validity of the remainder of this agreement will be unaffected, provided that such unenforceability does not affect the party’s right under this contract.
This agreement shall apply to the business relationship between the parties unless amended or refreshed from time to time in writing or otherwise specified.
If you have any questions or clarifications about this Agreement, please contact us by email or regular mail at the following addresses:
Media Tech Resource
177 Park Avenue, Suite 200, San Jose, California – 95113, USA