1. Introduction
Welcome to Grow High by Efiling Infotech (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website and services, including website development, digital marketing, and UX/UI design (collectively, “Services”). By accessing or using our Services, you (“Client,” “you,” or “your”) agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using our Services.
2. Definitions
- “Agreement”: The contract between the Company and the Client, incorporating these Terms and any applicable Scope of Work or Additional Services Agreement.
- “Scope of Work”: A document outlining the specific Services and Deliverables to be provided by the Company.
- “Deliverables”: The final products or outcomes resulting from the Services provided, including but not limited to websites, marketing materials, and design assets.
- “Fees”: The compensation payable by the Client for the Services rendered, as specified in the Agreement.
3. Services
3.1 Scope of Services: The Company agrees to provide Services as detailed in the Scope of Work. Any modifications or additions to the Services must be agreed upon in writing by both parties.
3.2 Additional Services: Should the Client request services beyond the initial Scope of Work, the Company reserves the right to accept or decline such requests. Additional Services, if accepted, will be subject to a separate agreement and may incur additional Fees.
3.3 Client Responsibilities: The Client agrees to provide all necessary information, materials, and approvals required for the Company to perform the Services. Delays in providing these may result in project delays and potential additional costs.
4. Fees and Payment
4.1 Fee Structure: Fees for Services will be outlined in the Agreement. Unless otherwise specified, all invoices are payable upon receipt.
4.2 Late Payments: Failure to pay invoices on time may result in the suspension or termination of Services. The Company reserves the right to charge interest on overdue amounts as permitted by law.
4.3 Non-Refundable Policy: Once Services have commenced, all Fees are non-refundable. By making a payment, the Client acknowledges acceptance of the Scope of Work and agrees to this non-refundable policy.
5. Intellectual Property Rights
5.1 Ownership: Upon full payment of all Fees, the Company grants the Client ownership of the Deliverables. The Company retains ownership of any pre-existing intellectual property and reserves the right to use any general knowledge, skills, and experience acquired during the project.
5.2 Third-Party Materials: Any third-party materials incorporated into the Deliverables are subject to their respective licenses. The Client agrees to comply with all such licenses.
6. Confidentiality
Both parties agree to keep confidential any proprietary information received from the other party during the course of the project. This obligation extends beyond the termination of the Agreement.
7. Warranties and Disclaimers
7.1 Performance Warranty: The Company warrants that the Services will be performed in a professional and workmanlike manner. However, the Company does not guarantee specific results, as success depends on various factors beyond our control.
7.2 Disclaimer: Except as expressly provided herein, the Services are provided “as is,” and the Company disclaims all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
To the fullest extent permitted by law, the Company’s liability for any claims arising under this Agreement shall be limited to the amount of Fees paid by the Client for the specific Service giving rise to the claim. The Company shall not be liable for any indirect, incidental, or consequential damages.
9. Indemnification
The Client agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising from the Client’s use of the Services or any breach of these Terms.
10. Termination
10.1 Termination for Convenience: Either party may terminate the Agreement with 30 days’ written notice. In such cases, the Client will be responsible for payment of Services rendered up to the termination date.
10.2 Termination for Cause: The Company reserves the right to terminate the Agreement immediately if the Client breaches any material term of the Agreement, including failure to make timely payments.
11. Governing Law and Dispute Resolution
11.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
11.2 Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through good faith negotiations. If unresolved, disputes shall be submitted to arbitration in Kolkata, West Bengal, India, in accordance with the Arbitration and Conciliation Act, 1996.
12. Miscellaneous
12.1 Force Majeure: The Company shall not be liable for any delays or failures in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, or labor disputes.
12.2 Amendments: The Company reserves the right to modify these Terms at any time. Continued use of our Services after such changes constitutes acceptance of the revised Terms.
12.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
12.4 Entire Agreement: These Terms, along with any applicable Scope of Work or Additional Services Agreement, constitute the entire agreement between the parties and supersede all prior understandings.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Grow High by Efiling Infotech Visit us:- ROOM NO G-B GROUND FLOOR, HMP HOUSE, 4, Fairlie Pl Rd, near STANDARD CHARTERED BANK DALHOUSIE BRANCH, Fairley Place, B.B.D. Bagh, Kolkata, West Bengal 700001 Email: sales@efilinginfotech.com, abhijeet.thakur@efilinginfotech.net.in Phone: +91 90518 55666
By using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
