Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the website, services, and products offered by Digitifex Private Limited (“Digitifex”, “Company”, “we”, “us”, or “our”), a company based at Office No. 10, H.K. Tower, Pashupati Vihar Colony, Near Petrol Pump, Bareilly, Uttar Pradesh, India, Pin Code - 243001. By accessing our website, engaging our services, or entering into an agreement with us, you (“Client”, “User”, “you”) agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

1. Services

Digitifex provides website design and development, digital marketing, and mobile application development services. The specific scope, deliverables, timelines, and pricing for any engagement will be set out in a separate proposal, quotation, statement of work, or written agreement (“Order Form”) agreed between Digitifex and the Client. In the event of a conflict between these Terms and an Order Form, the Order Form shall prevail with respect to the specific engagement it covers.

2. Eligibility and Client Responsibilities

By using our services, you represent that you are at least 18 years of age and have the authority to enter into a binding agreement on behalf of yourself or the entity you represent. You agree to provide accurate, complete, and timely information, content, and access (including credentials, where necessary) required for us to perform the services. Delays caused by incomplete or delayed information from the Client may result in corresponding delays to project timelines.

3. Fees and Payment

Fees for our services will be specified in the applicable Order Form or invoice. Unless otherwise agreed in writing:

• An advance payment may be required before commencement of work.
• Invoices are payable within the timeframe specified on the invoice; overdue payments may attract interest or suspension of services.
• All fees are exclusive of applicable taxes, duties, or government levies, which shall be borne by the Client unless stated otherwise.
• Third-party costs, such as domain registration, hosting, licenses, or paid advertising budgets, are separate from our service fees unless explicitly included.

4. Intellectual Property

Upon full and final payment for a project, ownership of the final deliverables specifically created for the Client (such as website designs, custom code, and mobile applications) shall transfer to the Client, except for any pre-existing tools, frameworks, libraries, or proprietary methodologies of Digitifex, which remain the property of Digitifex and are licensed to the Client for use in connection with the delivered project. Digitifex reserves the right to showcase completed work in its portfolio, case studies, and marketing materials unless the Client requests confidentiality in writing.

5. Client Content and Third-Party Materials

The Client is solely responsible for ensuring that any content, images, trademarks, logos, or other materials provided to Digitifex for use in a project do not infringe upon the intellectual property or other rights of any third party. The Client agrees to indemnify Digitifex against any claims arising from such materials.

6. Revisions and Project Changes

The number of included revisions, if any, will be specified in the applicable Order Form. Requests for changes beyond the agreed scope may be treated as additional work and billed separately at our then-prevailing rates, subject to the Client's prior approval.

7. Warranties and Disclaimers

Digitifex will perform its services with reasonable skill and care, consistent with generally accepted industry standards. Except as expressly stated in these Terms or an Order Form, our services and website are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the services will be uninterrupted, error-free, or achieve any specific business, ranking, or marketing outcome.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Digitifex shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or related to the use of our services or website. Our total aggregate liability arising from any claim relating to a project shall not exceed the total fees paid by the Client for that specific project in the three (3) months preceding the claim.

9. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or financial information disclosed by the other party during the course of the engagement, and to use such information solely for the purpose of fulfilling their obligations, except where disclosure is required by law.

10. Termination

Either party may terminate an ongoing engagement by providing written notice as specified in the applicable Order Form, or immediately in the event of a material breach that remains uncured after a reasonable notice period. Upon termination, the Client shall pay for all services rendered and expenses incurred up to the date of termination.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to applicable consumer protection laws that may grant you rights in your own jurisdiction, any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts at Bareilly, Uttar Pradesh, India.

12. Indemnification

You agree to indemnify and hold harmless Digitifex, its directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, misuse of our services, or violation of any third-party rights or applicable law.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including natural disasters, government action, internet or utility outages, labor disputes, or other similar events.

14. Changes to These Terms

We may update or modify these Terms from time to time to reflect changes in our practices or applicable law. The updated Terms will be posted with a revised “Effective Date” and will apply prospectively from that date. Continued use of our website or services after such changes constitutes acceptance of the revised Terms.

15. Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with any applicable Order Form, constitute the entire agreement between the parties with respect to the subject matter herein.

16. Contact Us

For any questions regarding these Terms and Conditions, please contact us at: