Terms & Condition - e intelligence

Terms & Condition

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TERMS OF USE FOR ACCESSING www.e-intelligence.in

These terms of use ("Terms") apply to all users of www.e-intelligence.in (the "Website").

By using this Website you agree to be bound by these Terms.

References in these Terms to "we" or "us" or “our” are references to e-Intelligence and “you” or “your” as users of e-Intelligence.in.

Purpose of the Website

This Website is made available to consumers/visitors/brewers/internet users who are looking for an internet marketing services like

  • Online Marketing Services
  • SEO Services
  • Web Design Services
  • PPC Services
  • Search Engine Reputation Management Services
  • Social Media Marketing Services
  • Search Engine Ranking Recovery Services
  • White Label SEO Services
  • SEO Reseller Services
  • White Label Web Design Services
  • Lead generation services

  1. WEB DESIGN, LANDING PAGES AND SALES FUNNELS
    1. Upon your request, we agree to design and develop a website, landing page or sales funnel in accordance with the Proposal.
    2. Before we commence work, you must pay 50% of the fees outlined in the Proposal as advance, 30% on design approval and the balance prior to the website, landing page or sales funnel being deployed on your servers.
    3. If the You delay the project in excess of 60 days due to lack of communication or inability to provide feedback, we reserves the right to cancel the project and the entire balance amount of the estimated remaining project cost is due.
    4. During the design phase, you are entitled to 1 revision of the landing page or 2 revisions of the website. This is included in the fee outlined in the Proposal.
    5. After you provide your approval of the website or landing page, any requested adjustments, modifications, amendments or improvements in usability, functionality or design are considered outside of the original Proposal and additional fees will apply.
    6. You agree to adhere to approval timelines set out by us. Your failure to respond in a timely manner to approval deadlines will be interpreted as implicit approval.
    7. We may use third party contractors to perform the services. If we do, we will provide those contractors the information and materials you supply to us, such as the description of your requirements and content to be included in the website.
    8. We will build your website using category specific, pre-produced images from our libraries. We will also supply written content based on the requirements of your brief. If you prefer, you may provide us with your own content. If you do so, you are solely responsible for ensuring that the content you supply complies with all applicable laws and does not infringe the rights of any third party. We reserve the right to refuse to use any content that breaches our Acceptable Use Policy.
    9. Any software or plugins made available to you by us for use with the service (Add-ons) must be associated with your Done For You Website and are not transferable to any other accounts you have with us, or any other websites. Not all Add-ons may be compatible with your website which is why you need to confirm your requirements before the build commences.
    10. These Add-ons require an active plan to the services to remain active. We offer a number of Add-ons as standard for all Services which are subject to change and may be removed or added at our discretion and without notice to you. Many of the Add-ons are plugins which are supplied by third parties and we can only provide limited support for them. Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the service is terminated.
    11. If your service includes compatibility for a third party plugin it is your responsibility to provide configuration details, and you are responsible for all fees associated with the 3rd party plugin.
    12. There are several steps to the delivery of the services.
    13. Completion of the design and build in a timely manner depends upon your responsiveness to our requests for feedback and/or approvals.
    14. Unless stated otherwise, we will expect you to respond to our requests within 5 business days. We are not responsible for any delays caused by your failure to respond as requested or required.
    15. If you request a material change in scope after the Proposal has been finalised, we may treat this request as a cancellation of the service at our discretion (reasonably applied), and the cancellation terms will apply. The new scope will then be treated as a new order.
    16. The steps are as follows:
    17. Upon payment of fees in full, and once we have finished and delivered the design, we will grant you a royalty free licence to use, display and publish the website. The publication of the website completes our obligations to you under these Service Terms for the design and build elements. The ongoing services will be for email and the ongoing management of that website (subject to your payment of ongoing monthly fees for the Service).
    18. You grant to us a royalty-free, worldwide licence to use, reproduce, modify, edit or otherwise all content you supply, and to cache the entirety of your Website (including your Content) where hosted by us. You are responsible for obtaining any consents required of any third parties in connection with the grant of this licence to us. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
 
  1. GOOGLE ADWORDS AND PAY PER CLICK (PPC) SEARCH ENGINE ADVERTISING
    1. Upon your request, we agree to provide you a management service of a Google AdWords account in accordance with the Proposal.
    2. For the purpose of providing this service, you authorise us to create a Google AdWords account on his/ her/its behalf, including but not limited to Google Analytics.
    3. We will build the Google AdWords account in our own ‘My Clients Centre’ (herein referred to as “MCC”), and will own all data associated with it. You acknowledge that Google AdWords are subject to Google’s Terms and Conditions.
    4. We are not liable if your Google AdWords account or campaigns are rejected by Google.
    5. You acknowledge that we cannot guarantee that Google AdWords will generate any increase in sales or business activity, and you shall not hold us liable for any loss or damage arising from the Google AdWords management.
    6. During the Google AdWords management term, you will not have direct access to the AdWords portal or MCC.
    7. The minimum Google AdWords management term is a period of 3 months and will continue thereafter on a month-to-month basis, until you terminate the services by providing 45 days written notice.
    8. The Service includes the creation, customisation and ongoing support of a Google Ads and/or Microsoft Advertising (collectively Ad Platform) advertising campaigns (Campaign).
    9. The Service includes the creation, customisation and ongoing support of a Google Ads and/or Microsoft Advertising (collectively Ad Platform) advertising campaigns (Campaign).
    10. Prior to commencement of the Campaign, we will agree with you the fee that we will charge for managing your Campaign (Management Fee), the minimum term for the Campaign, target Advertising Keywords (Ad Keywords) and a monthly budget to be spent with the Ad Platform (Budget).
    11. You will pay to us the monthly Management Fee as outlined in the proposal
    12. We will implement the Campaign with the Ad Platform and you appoint us as your agent for the purposes of creating, managing and operating an account with them. If the monthly amount spent with the Ad Platform is less than 80% of the agreed Budget, the unused amount will be transferred to the Budget for the next month. At the end of the Campaign, any unused Budget will expire.
    13. Completion of the Campaign build and launch time depends upon your responsiveness to our requests. When requested, you must provide us with website information, visitor statistics, suggested Ad Keywords for key phrase testing and any copy suggestions for ad creation. We are not responsible for any delays in provisioning the Campaign which may occur as a result of your failure to respond as requested or required.
    14. We will need to limit access to the Ad Platform account for the duration of your campaign being managed to ensure we are able to fully control and optimise your campaign outcomes. This means that you will not be provided account access unless this is 'read only' access.
    15. Please note that if you wish to suspend (temporarily pause) Supplier management of your AdWords accounts then your Google advertising must also be suspended/temporarily pause (which we will arrange).
    16. You acknowledge that we have no control over the advertising polices of Google with respect to the sites and/or content that it accepts now or in the future. Your Campaign may be rejected or excluded at any time at the sole discretion of Google in line with their Google Ads Policy http://support.google.com/adwordspolicy.
    17. We will use best endeavours to ensure that your advertisement will appear on the Ad Platform searches, however we make no warranty that the Service will generate any increase in sales, business activity, profits or any other form of improvement to your business.
    18. If you wish to terminate the service at the expiration of the minimum term, you must provide 45 days written notice prior to the end of the minimum term. During the 45 day notice period we will continue to provide and charge for our services until the notice period has elapsed.
    19. In the event you terminate the Google AdWords service within the minimum 3 month term, the balance of the fees of the remaining term becomes due and payable immediately.
    20. You may place Campaigns on hold at any time at the conclusion of any minimum term (if applicable) by providing 45 days’ prior written notice (On Hold). On Hold requests will automatically suspend all access to the Campaign. Campaigns may remain On Hold for a maximum period of one 1 month, after which time they may be cancelled without notification. Restarting any Campaign which is On Hold is solely your responsibility.
    21. Cancellation will automatically terminate all access to the Campaign.
    22. Once we have created the Campaign, we will automatically publish to Google and other applicable advertising channels. You acknowledge and accept this may occur without your approval being requested, and you authorise us to publish in this manner.
    23. Once published, you will have the opportunity to review the Campaign and provide us with any revision requests.
    24. If you have objections to the Campaign, you must immediately notify us via email and specify the reasons for your objections. We will investigate those reasons and, where we consider such objections to be reasonable, genuine issues raised in good faith, attempt to resolve.
 
  1. SEARCH ENGINE OPTIMISATION (SEO)
    1. Upon your request, we agree to optimise your Website in accordance with the Proposal.
    2. We shall provide Search Engine Optimization related services to promote your business on the internet, as mutually agreed.
    3. We do not guarantee any specific search engine positions or traffic or leads or sales or any definitive outcomes from the SEO services
    4. The effort, schedule and price estimates prescribed and agreed are based on the condition that the client will provide quick content definition, turnaround for approvals/sign-off, acceptance, reviews and clarifications required at various stages. You acknowledge and agree that 7 days (including holidays) time shall be considered as reasonably quick for aforesaid activities. You acknowledge and agree that any further delays after 7 days in obtaining such a confirmation may result in change of effort, schedule and price estimates.
    5. Any work/task not covered within Quotation or Proposal provided before initiating work shall be considered ‘out of scope’ and shall have to be considered separately upon a written request from you.
    6. You acknowledge that we make no warranty or guarantee that SEO will generate any increase in sales or business activity and we are not liable for any loss or damage arising from SEO. Further, you acknowledge that SEO is governed by many factors which are outside our direct control and may affect the ranking of the website / overall performance of SEO. For example:
      1. if your website has poor or duplicate content;
      2. if your website is on an SEO unfriendly content management system (CMS);
      3. if we cannot get access to your hosting and or CMS;
      4. if your website is suffering from a penalty, either automatic or manual from Google;
      5. if your website has an unnatural link profile; or
      6. if your website is hosted on a slow or blacklisted server.
    7. In addition, you acknowledge that Google continually updates its search algorithm, which may have a negative impact on your website rankings at any time. In such circumstances, we will endeavour to rectify any negative impact as quickly as possible but make no guarantee rankings will improve.
    8. The minimum term to provide an SEO service is a period of 12 months and will continue thereafter on a month-to-month basis, until you decide to terminate the service by providing 45 days written notice.
    9. In the event you terminate the SEO service within the minimum 12 month term, the balance of the fees for the remaining term becomes due and payable immediately.
    10. The parties shall agree on the key phrase or key phrases (depending on the Services that you have elected to obtain from us) in respect of which we will provide the services (as the context requires, depending on the services that you have elected to obtain from us (Agreed Key phrases).
    11. You agree that we may from time to time during the service, propose changes to any website owned or operated by you in respect of which the services are being provided (Your Website), including, without limitation, to suggest adjustments to Your Website in the event that search engine algorithms change, and which we consider might assist you in improving the ranking of Your Website (Optimisation Change(s)).
    12. If you agree to provide us with file transfer protocol access (FTP Access) to Your Website, we agree not to make any Optimisation Changes to Your Website, without your prior written consent to such Optimisation Changes.
    13. In the event that you do not agree to provide us with FTP Access, we agree that any Optimisation Changes will be provided by us to you in writing.
    14. We agree to provide you with monthly written ranking reports with respect to the Agreed Key phrases (Benchmark Report).
    15. You warrant that you are entitled to market and promote the products and services which are featured on Your Website, you have obtained all approvals, licences and authorisations required to market and promote those products and services, and the content appearing on Your Website and Your Website Materials are complete, true and correct and are not misleading or deceptive.
 
  1. FACEBOOK SERVICES
  1. Upon your request, we agree to promote your business on Facebook in accordance with the Proposal.
  2. You acknowledge that any Facebook advertisement is subject to Facebook’s terms and conditions and Facebook reserves the right to refuse an advertisement at any time, for any reason. If such circumstances arise, this does not affect your liability to pay our fees.
  3. You acknowledge that we makes no warranty or guarantee that Facebook advertising will generate any increase in sales or business activity and you will not hold us liable for any loss or damage arising from Facebook advertisement.
  4. You acknowledge you are fully responsible for payment of invoices generated by Facebook for pay-per-click fees. In the event that a Facebook invoice is unpaid, the campaign will cease until the invoice/s is/are paid. In such circumstances, our management fee will continue to be charged and there will be no refunds or credits.
  5. The minimum Facebook service term is a period of 3 months and will continue thereafter on a month-to-month basis, until the service is terminated by you providing 45 days written notice.
  6. You will be liable to pay all fees for the minimum term even if you terminate the service before the end of the term.
  7. In the event you terminate the Facebook service within the minimum 3 month term, the balance of the fees for the remaining term become due and payable immediately.
  8. Prior to commencement of a Facebook advertising campaign, the parties will agree upon the fee charged for managing the Campaign (Management Fee), the minimum term for the Campaign, target Facebook advertising spend (Ad Spend) and a monthly budget to be spent with Facebook (Budget).
  9. We will plan for and use reasonable endeavours to spend the full Budget each month. There will be no refunds given or credits transferred to subsequent months if the full amount is not spent within that month.
  10. We are not obliged to provide any refunds for any portion of the Budget that has not been spent if the Services are cancelled for any reason.
  11. Add-on packs may be purchased on a month by month basis at any time.
  12. We may rely on websites operated by third parties outside our control (Third Party Sites) in the provision of the services. We are not responsible for availability, accuracy, legality or decency of material or copyright compliance of the Third Party Sites.
  13. Linking to Third Party Sites is entirely at your own risk and we're not liable or responsible for any advertising, products or materials on Third Party Sites.
  14. We are not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Third Party Site.
 
  1. GOOGLE MAP OPTIMISATION
    1. Multiple Locations – Please get in touch with us if you have multiple locations and need special quote.
    2. There are many outside variables that can affect maps rankings with are not in our control.
    3. We may need login access to your website to properly optimise your website.
    4. We may need login access to your Google My Business Page to properly optimise your Google listing.
    5. Some variables that can affect Google Maps Rankings:
      1. strong on-page optimisation;
      2. having pages that are relevant to the target key phrases; and
      3. having your Google place map embedded on your website.
    6. You acknowledge there are no guarantees for any marketing or advertising campaigns on Google Maps.
    7. Our local maps optimization includes citation building with backlinks to your website, which can help you with your organic rankings.
    8. We cannot guarantee Google Maps rankings.
    9. If your business has moved locations recently we need to first clean up all the pieces of information about your business/listings online. Get in touch with us if your business has recently moved to a new location, changed business names or you have changed your phone number.
 
  1. Disclaimers
    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    4. No part of Our Site is intended to constitute a contractual offer capable of acceptance.  No services are sold through Our Site and the details of services provided on Our Site are provided for general information purposes only.
    5. Whilst every reasonable effort has been made to ensure that all representations and descriptions of services available from Us correspond to the actual services available, minor variations or errors may occur.
 
  1. Our Liability
    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    3. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    5. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
 
  1. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. Any breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
 
  1. Acceptable Use Policy
    1. You may only use Our Site in a manner that is lawful.  Specifically:
      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    1. We reserve the right to suspend or terminate your access to Our Site if you materially breach any provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
      1. suspend, whether temporarily or permanently, your right to access Our Site;
      2. issue you with a written warning;
      3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. take further legal action against you as appropriate;
      5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. any other actions which We deem reasonably appropriate (and lawful).
    1. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
  Payment Policy
  1. For the purposes of subscription of selected package on the Website or otherwise, you agree and undertake not to make payments in any manner other than as provided, without our prior consent.
  2. You acknowledge and accept that you have specifically authorized us to collect, process, facilitate and remit payments and/or the Transaction Price by any of the prescribed methods of payment.
  3. The full invoice amount must be paid for the services using the payment gateway or bank details in accordance with our terms and conditions/privacy policy. You agree and acknowledge that we shall not be held responsible in event of any delays in processing of invoice amount by entities outside our control. In event if you are using the other option of payment it will be your responsibility to provide correct information as required in the form required to be submitted. We will not assume any responsibility for any wrong address/email information that you may have provided which may lead to you not getting a reply beyond the stipulated 48 hours (excluding Sunday/bank holidays) from receipt of the payment.
  4. We neither make any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors.
  5. As our services are pre-paid web-based marketing services, we shall not entertain any cancellation and refunds under any circumstances. However, if there is some technical error regarding excessive payment then you may write to us on [email protected] for the refund of a difference amount.
  6. We shall raise an invoice according to commercial details agreed by both the parties in the quotation. The payment is due on receipt of the invoice. You acknowledge and agree that 10 days from the date of invoice shall be considered reasonable time for payment of outstanding dues and any further delays after 10 days may result in late payment fees of 15% of the invoice value and interest charges @ 24% per year calculated on pro-rata basis
  7. Depending on the service you subscribe for, there might be a minimum contract duration. If you terminate the contract before the minimum contract duration for that service then you are liable to pay the balance amount for the remaining duration of the contract
  8. All our prices are subject to change without any prior notification
  9. All monthly retainer services are subject to a minimum increase of 15% in fees every 12 months. Depending on circumstances, the increase in fees may be even higher than 15%.

Privacy of Data

All Details of e-intelligence website will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy.
Copyright and Trademarks

The content, organization, graphics, design, style, Interface, compilation, digital conversion and every other matters related to the Site are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “www.e-intelligence.in” and other marks are either trademarks or registered trademarks of e-Intelligence Services.

Other products/services, company names, brand names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the Site except as allowed by this Agreement is strictly prohibited. You agree and acknowledge that you do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by e-Intelligence does not constitute a waiver of any rights in such information and materials.
Your obligations

You agree that

  • You shall not use this Website for any purpose that is unlawful and illegal.
  • You shall not try to penetrate the website and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our website
  • You shall not carry out any web jacking attacks on this website.
Third Party Links

We may choose from time to time to provide links to various third-party websites from the Website. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such websites. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such websites.
Liability

To the maximum extent permitted by law, all representations, warranties, terms, conditions and commitments not expressly set out in these Terms are hereby excluded. We do not accept responsibility for any loss or damage that you suffer as a result of using the Website. In particular, we do not accept responsibility for (a) any loss of profits, loss of anticipated savings, loss of goodwill or loss of revenue; (b) any loss or corruption of data; or (c) any indirect or consequential loss.
Indemnification

You expressly acknowledge to indemnify, defend and hold e-Intelligence, its affiliates, officers, directors, employees and any other concerned third party inoffensive from and against all accusations, deficits, expenditures, costs and any other adversity (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of your use of The Sites.
Website Usage

You agree that, the e-Intelligence website is only for the business use as it pertains to delivering digital marketing services. e-Intelligence restricts and prohibits the unlawful and harmful use of The Site. e-Intelligence cannot and does not guarantee or warrant that files accessible through The Site will be free of contagion or viruses, Trojan horses, worms or any other code that present contaminating or injurious properties. You agree to bear complete responsibility and risk associated with the use of The Site and the Internet. You fully understand that some of the material on the internet may be offensive or explicit and that your access to such data is at your own risk. e-Intelligence has no control over and/or accepts no accountability whatsoever for any such information.
Amendments to these Terms

We are serving the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is set out at the end of them. We recommend that you revisit this page from time to time so as to ensure that you are aware of any changes that we have made to these Terms.