Terms & Conditions

Terms & Conditions

By signing the "Confirm Contract", you acknowledge that you have read and accepted the terms and conditions stated on this page. The following terms and conditions are applicable for clients who have received an invoice from DIGITALNESS.

Hereafter, the person/organization/company/agency buying any packages or plans referred to in this document as "Services" includes the following:
This agreement is based on any past, present, and future services provided by DIGITALNESS to the client. Since the services offered by DIGITALNESS are unique and different from one another, the following terms and conditions apply as per the specific services purchased and documented in the invoice provided by DIGITALNESS. Additional conditions may apply based on the client's purchase of the invoiced services. Common Terms & Conditions for Our Services
Authorization:
By engaging DIGITALNESS as an independent contractor, the client authorizes DIGITALNESS to access their pre-existing accounts, granting "write permission" if necessary. This authorization allows DIGITALNESS, its agents, associates, and account providers to access the client's accounts and any other necessary login, access information, or programs. The client also authorizes DIGITALNESS to use the login information to access any third-party accounts associated with the purchased services or site, including licensed images, copyrighted text, and other technical information useful in designing and developing the services. Links:
It is assumed that all links provided by the client have been verified and approved for use on the client's services. DIGITALNESS takes no responsibility for any legal issues that may arise from the use of unapproved links on the client's account and services. Graphics, Audio, and Video Media:
It is expected that DIGITALNESS will create, capture, or receive from the client all necessary graphics, audio, video media elements required for completing the client's services. This includes but is not limited to audio, video, images, photography, scanning services, video and photo shooting, editing, animation, and the use of third-party stock photography, audio, video, and any other media elements. Photography, Audio, and Video Shooting
For clients residing in the U.S and Canada, upon the client's request, DIGITALNESS will visit the client's place of business to capture images, video, and audio in digital format for use on the client's services. Additionally, DIGITALNESS can scan images, send and receive digital media formats for audio and video, and shoot videos as requested by the client. The quantity of digital photography, video production, shooting locations, scans, and associated costs will be negotiated based on the specific needs of each client. The client agrees to cover all additional travel, food, and accommodation costs for the DIGITALNESS team involved in this process. Third Party Stock Photography, Audio, and Video
Any costs associated with purchasing 3rd party stock photography will be the responsibility of the client. The client assumes full responsibility for any 3rd party stock photography, audio, and video provided to DIGITALNESS by any medium. The client agrees to hold DIGITALNESS and its subcontractors harmless and will protect and defend them from any claim or lawsuit arising from the use of such elements furnished by the client. Text & Files:
The client is responsible for providing text and other files in popular readable electronic formats such as Microsoft Word, .jpg, .gif, .png, or .pdf. These files can be submitted as email attachments, on a CD, DVD, or external USB drive. If the client requests the service provider to obtain files through other means, appropriate charges may apply. The specific details regarding these charges will be discussed and agreed upon between DIGITALNESS and the client. Additional Requests:
If the client wants DIGITALNESS to develop or design any additional material for web or print purposes, the details and pricing will be discussed and agreed upon between DIGITALNESS and the client based on the specific work required. Payment Terms / Workflow:
Unless otherwise stated in the quotation or invoice, the client agrees to pay DIGITALNESS the full cost upfront for all services. Upon receiving the full payment and ensuring that DIGITALNESS has complete access and content from the client, the designing and development process will commence. For online purchases of services, the client is required to pay the full amount upfront through the secure CCAvenue gateway. In cases where the client is not comfortable with online credit card payments through CCAvenue, alternative payment methods such as email transfers may be accepted. For development projects exceeding a certain amount, a minimum deposit may be required to initiate development. The specific payment terms and arrangements will be discussed and agreed upon between DIGITALNESS and the client. DIGITALNESS reserves the right to remove all web content, designs, and development from the internet if payment is not made within thirty (30) days after the completion notification. If a payment delay is anticipated, it is advised to contact DIGITALNESS in advance to discuss potential problems. Alternate arrangements may be possible in such cases. If the client is delinquent in their payment, appropriate actions may be taken by DIGITALNESS, which may include involving a third-party collections agency for proper handling and recovery. Monthly Subscription Service Payment:
The client agrees to pay the monthly fees in advance for each month. DIGITALNESS 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 DIGITALNESS 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, proper actions may be taken by DIGITALNESS, and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery. Client Amends for Services:
DIGITALNESS prides itself on providing excellent customer service and encourages input from the client during the design process. While the client's input is valued, it's important to note that our agreement does not include a provision for significant design, development, or production in excess of our agreement. Any significant changes requested after services have been rendered will be discussed and agreed upon between DIGITALNESS and the client.
Examples of significant service modifications at the request of the client include:
- Designing, producing, and shooting a completely new video, audio, photography, graphic design, ad, website layout, or strategy to accommodate a substantial change requested by the client.
- Recreating or significantly modifying the company logo, graphics, or resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps, and Google Places as requested by the client.
- Replacing more than 50% of the text, image content on any given page, or graphics as requested by the client.
- Creating a new navigational structure or changing the design or links in graphics as requested by the client.
- Significantly reconfiguring the client's PPC AD account, campaigns, advertisement, graphic designs, or web links.
- For monthly technical maintenance: Any content upload or update, such as uploading and replacing text or images on any given page, or significantly reconfiguring the client's shopping cart with new product uploads, shipping, or discount calculations (if an e-commerce enabled site has been selected by the client).
- Any additional content updates on the website beyond what is already included in our Virtual Assistance Plan.
Clients who anticipate frequent changes to their site during the design process or desire to be intricately involved in the 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, the corresponding charges will be invoiced accordingly. Copyrights and Trademarks:
The client represents to DIGITALNESS and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to DIGITALNESS via email, phone, internet, on-paper, in-meeting, or any other means, for inclusion in the client's website, are owned by the client or that the client has obtained permission from the rightful owner to use each of these elements. The client further agrees to hold harmless, protect, and defend DIGITALNESS and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
The client acknowledges that any content used during the development of the website is owned by the client. Under no circumstances will DIGITALNESS be liable for the client's content or the content of any third party, including but not limited to any errors or omissions in the client's content or any loss or damage incurred as a result of the use of any posted, transmitted, or otherwise shared content. DIGITALNESS will not be liable for any copyright infringements. Third Party Modifications:
DIGITALNESS understands that some clients may wish to independently edit or update their services after the design and development process to manage costs. However, it is important to note that if the client or an agent other than DIGITALNESS attempts to update previously rendered services and causes damage to the design or impairs the functionality of the services, the time required to repair will be assessed accordingly. The specifics of repair time and any associated costs can be discussed between DIGITALNESS and the client. Assignment of Development:
DIGITALNESS reserves the right to assign subcontractors to the development process to ensure the best fit for the job and on-time completion. We warrant that all work completed by subcontractors for this development is of high quality and meets our standards. Additional Expenses:
The client agrees to reimburse DIGITALNESS for any critical client-requested expenses necessary for the completion of the development. These expenses may include the purchase of specific fonts, photography, audio, video, forms, software, or the use of third-party plugins, online portals, or search engine submissions. The details of these expenses and their reimbursement will be discussed between DIGITALNESS and the client. Age Certification:
The age certification requirement ensures that the authorized representative of the client is legally capable of entering a contract on behalf of the client, which is a standard legal requirement. Professional Conduct and Abuse:
DIGITALNESS expects a professional working relationship with the client. Any repeated pattern of inappropriate behavior, false accusations, harassment, derogatory language, or threatening speech directed towards DIGITALNESS, its officers, staff, or contractors will not be tolerated. In such cases, DIGITALNESS reserves the right to take strict action, including legal steps, to address the situation and resume the development process and related services immediately. No refund or guarantees will be offered to the client in such instances, as DIGITALNESS has a zero-tolerance policy for clients abusing our services. Limited Liability:
DIGITALNESS requires that any material submitted for publication does not contain abusive or unethical content. This includes, but is not limited to, pornography, obscenity, nudity, privacy violations, computer viruses, harassment, illegal activities, spamming, advocacy of illegal activities, and infringement of privacy. The client agrees to indemnify and hold DIGITALNESS harmless from any claim that may arise as a result of the client's publication or use of such materials. DIGITALNESS also ensures that no information published on the internet by the service provider will be used to harm others. Furthermore, DIGITALNESS will not develop or provide any pornographic or illegal software for the client. DIGITALNESS reserves the right to determine what is considered suitable content. Indemnification:
The client agrees to defend, indemnify, save, and hold DIGITALNESS harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, associated with the development of the client's services. This includes liabilities asserted against DIGITALNESS, its subcontractors, agents, clients, servants, officers, and employees, arising from any service provided or performed, or any product sold by the client, its agents, employees, or assigns. The client also agrees to defend, indemnify, and hold DIGITALNESS harmless against liabilities arising from any injury to person or property caused by products or services sold or distributed through the client's website. This includes infringements on the proprietary rights of third parties, copyright infringement, and the delivery of any defective product or misinformation that may be detrimental to others. Under no circumstances, including negligence, shall DIGITALNESS, its officers, agents, or anyone involved in creating, producing, or distributing services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use the service. This includes mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. This limitation of liability applies whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to DIGITALNESS' records, programs, or services. Notwithstanding the above, the client's exclusive remedies for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the aggregate amount paid by the client during the term of this contract, along with any reasonable legal fees and court costs. Nondisclosure:
DIGITALNESS, its employees, and subcontractors agree that they will not disclose any Confidential Information to any person, except as directed by the client. Similarly, the client agrees not to convey any confidential information obtained about DIGITALNESS, including strategies, vision, information mind maps, or training, to any other party. Completion Date & Cancellation
DIGITALNESS and the client must work together to complete the development in a timely manner to ensure the profitability of both parties. If the client wishes to cancel the development, they must do so within 2 weeks (14 days) of the purchase. In the event that the development is postponed or canceled by the client after 14 days of purchase, DIGITALNESS retains the right to retain 50% of the total amount invoiced for the service as a deposit and development expenses. If this amount is not sufficient to cover the time and expenses already invested by DIGITALNESS in the development, an additional payment may be required. If additional payment is due, it will be billed to the client within 10 days of notification to stop development. The final payment will be expected under the same terms as listed in this agreement. The client acknowledges that once DIGITALNESS completes the design and development process, any further work will incur an additional cost, which will be estimated and quoted to the client for further development. Unless the client is a monthly paid service subscriber with DIGITALNESS, the client agrees that DIGITALNESS has no legal obligation to work further on the completed services or any projects. Entire Understanding:
These terms constitute the sole agreement between the client and DIGITALNESS regarding any development provided by DIGITALNESS. It becomes effective immediately upon engagement of services from DIGITALNESS or the purchase of any services. It is the spirit of this agreement that it will be a mutually beneficial arrangement for the client and DIGITALNESS. Both parties warrant that they have read and understood the terms set forth in this agreement. This agreement is effective for all clients for whom DIGITALNESS has rendered services and for any client that has purchased services with the design credit or byline in the footer mentioning "powered by" or "website designed by," linked to DIGITALNESS' URLs. Revisions to These Terms of Agreement:
DIGITALNESS 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 will be posted in accordance with our terms of agreement. Website Design Terms:
For clients purchasing website design services as described in each of the web design plans offered by DIGITALNESS, the following terms and conditions apply: Domain Registration:
Upon the client's request, DIGITALNESS may assist in securing a domain name (e.g., www.myname.com | .ca, etc.) on behalf of the client. Any charges incurred in the domain registration process will be billed to the client as an additional fee. It is important to note that these fees are related to internet services and do not serve as a source of income for DIGITALNESS. If the client wishes to obtain a specific domain name that is already owned by another party, an alternative domain name must be registered. In cases where the client already has a domain name, DIGITALNESS can help coordinate the redirection of the address to the new hosting server. Standard Hosting Services:
At the client's request, DIGITALNESS can facilitate the ordering of an account with a host provider on behalf of the client. Alternatively, the client may choose to independently order the hosting account. This option is provided to help clients have more control over cost. If the client opts for DIGITALNESS to order the account with a host provider, the client agrees to pay all necessary hosting fees before placing the order. However, if the client is not an advanced user of the internet, we encourage them to utilize DIGITALNESS' services to secure and manage the hosting account. E-mail Assistance:
DIGITALNESS may offer e-mail assistance to clients whose website is hosted on DIGITALNESS' server. This assistance includes helping the client with e-mail setup, utilizing the maximum number of accounts allowed by DIGITALNESS. Supported e-mail clients include all versions of Microsoft Outlook Express and Outlook for Microsoft Office products. In cases where the e-mail setup encounters difficulties, the client may need to contact their hosting or email company for further assistance. For clients whose website is hosted on a server other than DIGITALNESS', we recommend that they reach out to their hosting provider for e-mail assistance. Cross-Browser Compatibility:
Our agreement includes the creation of a website that is viewable on Microsoft Internet Explorer 10 and Google Chrome. Compatibility, as defined in this agreement, means that all critical elements of each page will be viewable in both browsers. However, the client acknowledges that certain advanced techniques on the internet may require a more recent browser version or specific plug-ins. Additionally, as new versions of Internet Explorer and Chrome are developed, they may not be backward-compatible. If the client requests, any time spent on redesigning the site for compatibility due to the introduction of a new browser version will be separately negotiated. Add-Ons:
Add-ons refer to additional configurations, features, and programming languages that the client may wish to incorporate into their website. If a large-scale development utilizing any of these add-ons, such as PHP, Macromedia Flash, HTML, Real Audio/Video, Microsoft Media, MySQL Databases, E-commerce/Merchant Account/Secure Certificate, is necessary, the pricing can be discussed and negotiated. DIGITALNESS recommends utilizing your bank's e-commerce services and can offer assistance in obtaining further information if needed. It is important to note that any costs or charges incurred directly or indirectly related to the client's e-commerce website, including fees, penalties, or sales, are not covered by DIGITALNESS. Once the website is completed by DIGITALNESS, the company assumes no liability for any customer complaints, transactions, function or configuration failures, or issues related to third-party plugins, open-source CMS, or applications. DIGITALNESS is not responsible for maintaining the client's website unless the client has subscribed to a monthly paid service for technical monthly maintenance packages. Search Engine Registration:
Upon the client's final payment of development and at their request, DIGITALNESS will optimize the client's website with appropriate titles, keywords, descriptions, and text. Following the optimization, DIGITALNESS will submit the client's website to free search engines and directories. Website Design Services:
The client acknowledges and agrees that DIGITALNESS may utilize open-source platforms such as WordPress CMS and third-party applications to build the website. DIGITALNESS will not be held liable for any faults, loopholes, hacks, spam, or any other problems that may arise due to mismatch or upgrading errors with different versions of the CMS and plugins or applications. The client also understands and agrees that any problems arising from third-party hosting, servers, domain providers, or any technical reasons beyond DIGITALNESS' control are not the fault of DIGITALNESS. Therefore, the client agrees to hold DIGITALNESS and its subcontractors harmless, protect them, and defend them from any claims or lawsuits. SEO Keywords & Pages:
DIGITALNESS does not provide any warranty or guarantee for search engine ranking. The page rank of a website depends on various factors, including website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche. If the client is seeking a guarantee for page rank, they should consider utilizing DIGITALNESS' Search Engine Optimization (SEO) services. Monthly Website Maintenance & SEO Terms:
For clients purchasing monthly technical maintenance and SEO services, the following terms apply: Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, WooCommerce, Website Maintenance.
The client agrees to allow DIGITALNESS to update and maintain their website on a monthly basis. This includes making changes to programming, HTML, PHP, CSS, JQuery, coding, database, feeds, server settings, configurations, DNS, MX, SEO keywords, locations, XML, plugins, widgets, applications, podcasts, security settings, backups, content, and all other technical and non-technical features necessary to improve the overall exposure and performance of the website. Monthly Website Maintenance Service Assistance.
For clients purchasing monthly technical maintenance and/or virtual assistance services, website maintenance is performed periodically based on the size of the website. Any additional requests beyond the maintenance plans will be billed separately and must be submitted via email between 10 AM to 4 PM, Monday to Friday. Requests received after 4 PM will be considered as requests for the next day. The client understands that processing such requests may take 3 to 5 business days, depending on the request queue. Monthly Maintenance Guarantee.
The client acknowledges that web maintenance is carried out on an open-source content management system such as WordPress and/or WooCommerce, along with third-party plugins and interfaces hosted on third-party servers. The success or failure of updates depends on factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins and widgets, and acts of nature. Therefore, the client agrees to hold DIGITALNESS harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, related to the maintenance services. Monthly Paid Subscription Cancellation Policy
Cancellation of any monthly paid subscription plan, such as technical maintenance plans, monthly SEO plans, Google AdWords management, and analytics reporting, must be notified to DIGITALNESS via email/mail at least sixty (30) days before the cancellation date. If updates are postponed or canceled at the client's request, DIGITALNESS reserves the right to retain 50% of the original payment as a deposit and maintenance expenses. If this amount is insufficient to cover the time and expense already invested in the maintenance, additional payment may be due. Any additional payment will be billed to the client within 10 days of notification via email to stop monthly updates, under the same terms listed in this agreement. Google Console / Webmaster, Analytics, AdWords, Facebook Advertising Terms.
Payment to Google AdWords, Facebook Advertising, and Social Media Ads.
For clients purchasing Google AdWords and/or Facebook Advertising services, Pay-Per-Click (PPC) is a paid advertisement service where the client pays directly to Google Inc. and Facebook Inc. for any clicks (pay-per-click) that online web visitors may click on using the ads/campaigns designed by DIGITALNESS. The client agrees to pay the set daily/weekly/monthly/yearly budget in full for the Pay-Per-Click ad campaigns to Google Inc. and Facebook Inc. The client also agrees to hold DIGITALNESS and its subcontractors harmless, and protect and defend them from any penalties, claims, or suits arising from delays in payments to Google Inc. or Facebook Inc. The client understands that DIGITALNESS/Monthly Service Provider does not make payments on behalf of the client to Google Inc. or Facebook Inc., and the client is responsible for running their own campaigns/advertisements on Google, Facebook, and associated channels. DIGITALNESS is responsible for setting up the client's ad campaign account and managing it on a monthly basis (if monthly service is purchased), but does not act as the payer for any Google or Facebook fees, penalties, bidding, or budget. The client agrees to use their own credit card or alternate payment methods to pay Facebook Inc., and DIGITALNESS should not be held responsible for any payments to Google Inc. or Facebook Inc. in order to run the ads/campaigns. If the client chooses to disable ads without prior notice to DIGITALNESS while on monthly maintenance, DIGITALNESS should not be held responsible for any maintenance unless the campaigns are reactivated. Google AdWords, Facebook Advertising Campaign, and Advertisement Design
The client agrees that DIGITALNESS may use free accounts for Google AdWords. The client will provide DIGITALNESS with keywords related to their targeted niche, as well as different demographics, geographic locations, and age groups. This information will also include any ideas, messages, text, or pictures furnished by the client to DIGITALNESS. Once the advertisement design is approved by the client, any further changes to the design will incur an additional cost. Google AdWords, Facebook Advertising Campaign Success Rate.
While DIGITALNESS will make every effort to set up the client's account, campaigns, budgeting, and ad designs to maximize results and success rate, it is important to acknowledge that failure of paid advertisements on Google AdWords cannot be completely eliminated. Google AdWords is a third-party application that DIGITALNESS uses to set up the client's account and design campaigns, but DIGITALNESS does not own or control the application or its algorithm. Failure with paid ads can occur due to various reasons, such as higher bidding by competitors, shortage of client's funds, technical issues, human error, or unforeseen circumstances. In the event of any failure, the client agrees to hold DIGITALNESS and its subcontractors harmless, protect them, and defend them from any lawsuits. Google Tools, AdWords, and Facebook PPC Refund Policy Refund Policy
DIGITALNESS does not offer refunds for services such as "Google AdWords PPC," "Webmaster or Google Console," "Google Analytics," "Facebook Advertising," and any related "Monthly Maintenance" and "Reporting" services. No refunds will be made for glitches or Google and Facebook Ad policy violations found on the client's website. This includes disapproval or ineligibility from Google or Facebook teams for campaigns set up by DIGITALNESS due to improper formatting of the client's website, such as parked domains, prohibited content, restricted practices, or editorial or technical violations. The client understands and agrees that DIGITALNESS has no control over the client's website and that for AD campaigns to work effectively, their web pages and websites must comply with Google and Facebook policies. DIGITALNESS is only responsible for setting up accounts, creating campaigns, and making changes as per the client's requests for running campaigns. Therefore, DIGITALNESS should not be held liable for any performance issues, damages, online sales, web visitors, online web traffic, pay-per-click traffic, bidding, or any related issues with AdWords or Facebook advertising services. Payment to Google Inc. and Facebook Inc. DIGITALNESS uses free Facebook, Google Analytics, and Webmaster Tools accounts to set up, track, and monitor websites and ad campaigns. If the client chooses to use any premium Google or Facebook services, they agree to pay the premium fees directly to Google Inc. and Facebook Inc. DIGITALNESS is not responsible for any such payments. Google Analytics Code Installation
The client acknowledges that DIGITALNESS is not responsible for installing the Google Analytics code on their website. DIGITALNESS will generate the Google Analytics code and provide it to the client via email. Only upon receiving a written request from the client, DIGITALNESS will install the Google Analytics code on the client's website. Additional fees will apply for such installations. Web Improvements related to Google Console/Webmaster, Analytics
While DIGITALNESS will make every effort to set up the client's account to the best of their knowledge and ability, it is important to understand that it is not the responsibility of DIGITALNESS to improve the website or ad performance. Google Analytics™ or Webmaster Tools™ or Reporting service is a tracking and monitoring service and is not meant for web improvement or website redesign purposes. DIGITALNESS will set up the accounts or provide reports with user data, statistics, and advice on how to improve web/ad performance. However, if the client wants DIGITALNESS to revamp or fix their ads/websites, additional fees will apply. The client agrees to hold DIGITALNESS and its subcontractors harmless, protect them, and defend them from any lawsuits. SEO Definitions:
SEO, also known as Search Engine Optimization or Organic SEO, involves defining single or multiple keywords related to a client's website content, service(s), or product(s). At DIGITALNESS, we will work with all keywords and/or keyword phrases provided by clients and make every effort possible to improve their rankings on major search engines like Google, Yahoo, and Bing. However, it is important for the client to understand that organic SEO programs cannot guarantee specific rankings for keywords or keyword phrases on specific search engines. Instead, our guarantee covers keyword and/or keyword phrase rankings related to a client's website products and/or services. The client understands and agrees that search engines such as Google, Ask, Bing, and Yahoo are third-party websites that DIGITALNESS has no control over. DIGITALNESS's services are focused on optimizing the client's website with the best possible legitimate methods and keywords. Our guarantee for achieving first-page or top-five rankings depends on various factors, including competition in the client's niche, keyword saturation, search engine algorithms, domain age, server response time, and other technical considerations. Our goal is to achieve a competitive ranking for the client's website. Given the prevalence of boilerplate sites in certain industries, comprehensive and professional optimization, as provided in our SEO services, is crucial for driving traffic. SEO Commitment
The contract between DIGITALNESS and the client remains in force for a minimum of 6 months from the contract start date, with an automatic renewal on the anniversary of the contract start date for subsequent months. After the initial 6-month period, the contract will continue on a month-to-month basis until the client provides notice of cancellation.
SEO Performance Refunds: In the case where the Client’s web URL is not found on the first 5 pages of Google, Yahoo or Bing, NO REFUNDS will be made before 6 months because a usual organic optimization takes at least 6 months to show results. Indexing and ranking in search engines are subject to server uptime, server settings, DNS settings, website coding and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking. The Service Provider will evaluate the results thoroughly before issuing any refunds. Seo performance refund is subject to the below conditions only: Major Search Engines: We guarantee your website (domain) will be found in at least first five pages of top search engines like Google, Bing or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords, phrases related to your website content, service(s) or product(s)! Your website will be found in the first five pages of at least one of the above major search engines.
1)Over-writing and re-installs: It is the client’s responsibility to ensure optimized and/or installed content remains intact. If updating/editing the website from copies on your PC, you will need to download and use optimized files prepared for your assignment. Publishing changes without updating your local files will erase optimized content. Re-installation charges may apply if we are required to re-install over-written optimized content.
2) Google – Yahoo – Bing Local (maps): Positioning (ranking) cannot be guaranteed in Google Local (maps), Yahoo local (maps) or Bing Local (maps). The optimization is confined to the Client’s website and keywords, this does not include Google Maps or Google Places.
3) Planning and quoting for your project.
Plan and Quote:
At DIGITALNESS, we will generate a plan and quote for your project, which will be sent to you via email. By agreeing to our terms and conditions, you acknowledge that you have read and accepted the plan and quote provided to you. Please note that any plans and quotes are valid for a period of thirty days from the date of submission. Accuracy of Information:
The plan and quote we provide are based on the information you provide to us. It is important to ensure that the information is accurate and up-to-date. Any changes in circumstances or requirements may result in an amended plan and quote. Changes and Amendments to Your Project:
Draft Review and Editorial Changes: Upon completion of the post-production stage, DIGITALNESS will provide you with a draft version(s) of your project file(s) that is watermarked. You will have a period of five working days to review the draft and notify us of any editorial changes or amendments you may require. Please note that these changes or amendments should be limited to editorial aspects and should not affect the original brief. Additional Charges for Changes or Amendments: Any changes or amendments that affect the original brief may be subject to an additional charge. It is important to communicate any such changes or amendments to us within the initial five-day period to avoid additional charges. Changes or amendments that are notified to us after this period may also be subject to an additional charge.

Our Right to Cancel

Termination of Service
At DIGITALNESS, we reserve the right to terminate our provision of service to you at any time. In the event of our cancellation, any deposit made by you will be fully refunded. Reasons for Cancellation
There are various reasons that may lead to our cancellation, including but not limited to staff illness, short notice medical or family emergencies, or natural/human disasters/events.

Your Right to Cancel

Termination of Services:
As our client, you reserve the right to terminate the provision of our services at any time. Deposit Payments:
Please note that in the event of any cancellation on your behalf, all deposit payments made are non-refundable.

Late Payments:

Invoice Credit Terms and Payment At DIGITALNESS, the credit terms for each invoice will be specified at the bottom of the document. It is important to note that payment is required before the credit term expires.
Late Payment Charges:
If payment is not received within the specified credit terms, we are entitled, as permitted by statutory legislation, to levy an additional charge of 8% over the Royal Bank Of Canada base rate of interest for the period that the invoice remains unpaid. This policy will be enforced immediately once the credit term has expired.
Payment by Cheque
When sending payment by cheque, please allow for a reasonable time for the cheque to be delivered to our offices and deposited into our bank account before the credit term expires. It is important to ensure that the payment is registered as cleared funds before the credit term expires to avoid late payment charges. You will remain liable for late payment charges if the payment is not received and registered as cleared funds within the credit term. Free Online Setup Services
Eligibility and Availability
The free online setup services offered by DIGITALNESS are only valid during the COVID-19 crisis and are available for select businesses. The decision to determine the eligibility of businesses for these free services rests solely with DIGITALNESS.
Service Category and Terms
These services fall under the category of Website Design Services, and the terms and conditions applicable to Website Design Services automatically apply to the Free Online Setup Services.
Exclusions
Please note that the free online setup services do not include charges for hosting, domain, content, videos, or images required for a website. The business will be responsible for covering the costs associated with these elements.
Scope of Services
The free online setup services encompass the creation of a basic website with no more than five pages, designed to facilitate the connection between businesses and customers.
Cancellation Rights
DIGITALNESS reserves the right to cancel these services at any time or phase, as deemed necessary. By using this website, you confirm that you have read and accepted our Terms of Use and Privacy Policy.

Terms of Use

Welcome to our website (www.digitalness.co.in). By continuing to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern the relationship between you and DIGITALNESS in relation to this website.
Ownership
The term "us" or "we" refers to the owner of the website, DIGITALNESS. The term "you" refers to the user or viewer of our website.
General Information
The content of the pages on this website is provided for general information and use only. It is subject to change without notice.
Accuracy and Liability
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.
Use at Your Own Risk
Your use of any information or materials on this website is entirely at your own risk. It is your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
Copyright Notice
This website contains material that 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 except in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorized Use and Content License

Unauthorized Use
Unauthorized use of this website may result in a claim for damages and/or be considered a criminal offense.
Content License
When you upload, submit, store, send, or receive content through our website/services, you grant DIGITALNESS (and those we work with) a worldwide license. This license allows us to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute the content. These rights are granted for the limited purpose of operating, promoting, and improving our services, as well as developing new ones. It's important to note that this license continues even if you stop using our website/services.

Liability for Our Services

Limitation of Liability
When permitted by law, DIGITALNESS, along with its suppliers, vendors, partners, associates, staff, officers, and distributors, will not be held responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. We strive to provide accurate and reliable information, but we cannot guarantee the accuracy, timeliness, performance, completeness, or suitability of the information and materials found on our website. It is important to 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.
Limited Liability
To the extent permitted by law, the total liability of DIGITALNESS, along with its suppliers, vendors, partners, associates, staff, officers, and distributors, for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use our services. In certain cases, we may choose to supply you with the services again instead of providing a refund.
Foreseeable Loss or Damage
DIGITALNESS, along with its suppliers, vendors, partners, associates, staff, officers, and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Consumer Legal Rights
We recognize that in some countries, you may have legal rights as a consumer. If you are using our services for personal purposes, nothing in these terms or any additional terms limits any consumer legal rights that cannot be waived by contract.
External Links
From time to time, our website may include links to other websites for further information. Please note that these links are provided for your convenience and do not signify our endorsement of the linked websites. We have no responsibility for the content of these linked websites.