Terms and Conditions

1. Acceptance of Terms

By placing an order with WIZMONK PRIVATE LIMITED (hereinafter referred to as "WIZMONK," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between you and WIZMONK.

If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time without prior notice. Continued use of our services after changes constitutes acceptance of the modified terms.

2. Services Offered

WIZMONK provides the following services to clients worldwide:

Service Commitment: While WIZMONK commits to providing dedicated manpower and hours as per the agreed plan, we do not guarantee specific results. Our assurance lies in working diligently for allocated hours and delivering agreed outcomes within specified timeframes.

3. Order Placement & Payment Terms

3.1 Proposal Validity

All quotes, proposals, or contracts are valid for ten (10) calendar days from the date of issue. WIZMONK may amend this period during promotional campaigns. Acceptance can be provided via email, written communication, messaging platforms, or fax.

3.2 Payment Structure

• Development Projects: Milestone-based payments as outlined in the project agreement
• Monthly Services: Advance payment required at the beginning of each billing cycle
• One-Time Projects: 50% advance, 50% upon delivery (unless otherwise agreed)
• Annual Plans: Advance payment with option for quarterly installments on request

3.3 Payment Methods

We accept payments via bank transfer, UPI, credit/debit cards, and other payment gateways. An 8% processing fee applies to all refunds (if eligible).

3.4 Late Payment

Services will be paused or cancelled if payment is not received within 7 days of invoice issuance, without prior written notice via email. WIZMONK reserves the right to charge interest on overdue amounts at 2% per month.

4. Refund & Cancellation Policy

4.1 General Refund Policy

WIZMONK does not offer refunds for services rendered. However, refunds may be initiated under the following strict conditions:

• Cancellation request submitted within 24 hours of payment
• No work has commenced on the project
• Written cancellation notice sent to [email protected]

4.2 Refund Processing

• Approved refunds processed within 7-14 business days
• An 8% setup/payment processing fee will be deducted
• Refunds credited to original payment method only

4.3 No Refund Scenarios

Refunds will NOT be provided in the following cases:

• Client changes mind after 24-hour cancellation window
• Work has already been delivered as per agreed milestones
• Monthly subscription services after service has been rendered
• Hosting services after server resources have been allocated
• Marketing campaigns after ads have been launched
• Client-caused delays or scope changes
• Third-party service fees (domain, SSL, ad spend, etc.)

5. Website Development Services

5.1 Project Payments

Payments for custom development projects are made in increments based on milestones. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all money paid is retained by WIZMONK. Any work completed beyond paid milestones shall be invoiced and paid by the client.

5.2 WIZMONK Branding

Client acknowledges that WIZMONK will add a "Developed by WIZMONK," "IT Partner WIZMONK," or "Digital Partner WIZMONK" link/logo to the footer section of websites. To remove this branding, a one-time fee of ₹5,999 (Five Thousand Nine Hundred Ninety-Nine Indian Rupees Only) applies.

5.3 Client Responsibilities

• Provide content, images, and materials within agreed timeframes
• Provide timely feedback on deliverables (within 7 days)
• Ensure accuracy of content provided to WIZMONK
• Obtain necessary licenses for third-party content
• Review and approve final work before launch

5.4 Technical Changes & Maintenance

WIZMONK may need FTP/cPanel/Admin login credentials to implement technical changes. Clients must change passwords after work completion. WIZMONK is not responsible for:

• Issues arising from client-side changes to website
• Security breaches due to weak passwords or client negligence
• Virus/malware attacks caused by hosting provider flaws
• Third-party plugin/theme compatibility issues

6. Web Hosting & Server Services

6.1 Hosting Payment Terms

Payments for previous months of web hosting are non-refundable. Hosting accounts are set up immediately upon order placement and allocated server resources. Payment is required regardless of account usage.

6.2 Cancellation Policy

Hosting accounts will be cancelled upon client notice or if payment is not received within 10 days after the due date. For prepaid 6-month or 12-month plans, refunds for remaining months may be issued after deducting the value of any complimentary products/services received.

6.3 Data Backup & Security

No Liability for Data Loss: In the event of data loss due to natural disasters, events beyond our control, or technical failures, WIZMONK assumes NO responsibility. Clients must maintain independent backups.

6.4 Acceptable Use Policy

Hosting accounts may not be used for:

• Illegal content or activities
• Spam, phishing, or malware distribution
• Adult content or gambling
• Copyright infringement
• Excessive resource consumption affecting other users

Violation of acceptable use policy may result in immediate account suspension without refund.

7. Digital Marketing Services

7.1 SEO Services

• No lock-in period, but minimum 6 months recommended for optimal results
• Monthly subscription can be stopped with email notice
• Keyword selection based on WIZMONK's expertise unless otherwise agreed
• Rankings depend on search engine algorithms beyond our control
• Results timeline varies by competition and industry

7.2 Social Media & Paid Advertising

Platform Policies: WIZMONK creates campaigns per client specifications, but Facebook, Google, LinkedIn, and other platforms reserve the right to:

• Refuse advertisements at any time for any reason
• Remove previously approved ads without notice
• Suspend accounts for policy violations

Ad Budget Management:

• Client pre-approves advertising budget
• Payments made per agreed schedule
• Budget changes require written approval
• WIZMONK will not exceed allocated budget without consent
• Unspent ad funds refunded upon termination

7.3 Ad Account Access

WIZMONK may use internal ad accounts or request access to client accounts. Client must provide administrative/advertiser access as required. WIZMONK maintains account security and follows platform best practices.

7.4 Performance Reporting

WIZMONK provides regular performance reports detailing:

• Campaign metrics (impressions, clicks, conversions)
• Budget utilization
• ROI analysis
• Recommendations for optimization

Reports delivered bi-weekly or monthly as specified in project agreement.

7.5 Link Building Services

When requested, WIZMONK provides link building services with the following understanding:

• Link numbers stated in reports reflect countat report generation time
• No guarantee for link longevity after confirmation
• Client acknowledges links to/from inappropriate sites can damage SEO
• WIZMONK not liable for client's independent linking decisions
• No endorsement implied for linked third-party sites

8. Intellectual Property Rights

8.1 Ownership Transfer

All materials created by WIZMONK (including ad copy, graphics, videos, website code) remain WIZMONK's property until full payment is received. Upon complete payment, ownership transfers to the client.

8.2 Client-Provided Content

Client represents and warrants that:

• All content provided to WIZMONK is original or properly licensed
• Content does not infringe any third-party copyrights, trademarks, or rights
• Client has obtained necessary permissions for images, videos, and text
• Content is accurate, truthful, and not misleading

8.3 Copywriting Services

When WIZMONK provides copywriting:

• Content is original and plagiarism-free
• WIZMONK verifies factual accuracy to best of ability
• Client has right to edit content before publication
• Client responsible for final review and accuracy
• WIZMONK not liable for errors discovered post-publication

8.4 Portfolio Use

WIZMONK reserves the right to showcase completed projects in portfolios, case studies, and marketing materials unless client explicitly requests confidentiality in writing.

9. Confidentiality & Data Protection

9.1 Confidential Information

Both parties agree to keep confidential all technical or commercial know-how, specifications, inventions, processes, and initiatives disclosed during the engagement. Each party restricts disclosure to employees who need access for service delivery and ensures such employees maintain confidentiality.

9.2 Data Protection

WIZMONK handles client data in accordance with applicable data protection laws. We implement reasonable security measures to protect data from unauthorized access, disclosure, or loss. However, no method of transmission over the internet is 100% secure.

9.3 Third-Party Services

WIZMONK may use third-party services (hosting, analytics, email) that have their own privacy policies. Client data may be shared with these services as necessary for service delivery. WIZMONK selects reputable vendors but is not responsible for their data practices.

10. Limitation of Liability & Indemnification

10.1 Maximum Liability

WIZMONK's total liability under this agreement is limited to the total amount paid by the client for services rendered in the 12 months preceding the claim. WIZMONK is not liable for indirect, incidental, consequential, or punitive damages.

10.2 Client Indemnification

Client agrees to indemnify and hold WIZMONK harmless from:

• Claims arising from client-provided content
• Copyright infringement related to client materials
• False advertising or misleading claims in client content
• Violation of third-party rights
• Client's use of delivered services

10.3 Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including acts of God, war, strikes, natural disasters, pandemics, government actions, or internet/hosting provider failures.

10.4 No Guarantees

11. Termination of Services

11.1 Termination by Client

Either party may terminate services with 30 days' written notice. Upon termination, client must pay for all services rendered and expenses incurred up to termination date. Prepaid funds for incomplete work may be refunded proportionally after deducting completed work value.

11.2 Termination by WIZMONK

WIZMONK may terminate services immediately without notice if:

• Client fails to make payment within 15 days of due date
• Client breaches terms of this agreement
• Client engages in abusive or threatening behavior
• Client requests illegal activities
• Client violates acceptable use policies

11.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• WIZMONK provides final deliverables for paid work
• Access to WIZMONK systems and tools revoked
• Client retains ownership of fully paid materials
• Marketing campaigns halted within 48 hours
• Hosting services cancelled per hosting terms

11.4 Chargeback Policy

12. Governing Law & Dispute Resolution

12.1 Governing Law

This agreement is governed by the laws of India. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of courts in Bhubaneswar, Odisha, India, regardless of client's location.

12.2 Dispute Resolution Process

1. Negotiation: Parties attempt to resolve disputes through good-faith negotiation (30 days)
2. Mediation: If unresolved, parties engage in mediation in Bhubaneswar (60 days)
3. Arbitration: If mediation fails, binding arbitration in Bhubaneswar per Indian Arbitration Act
4. Litigation: As last resort, courts in Bhubaneswar have exclusive jurisdiction

12.3 Legal Fees

The prevailing party in any legal action is entitled to recover reasonable attorneys' fees and court costs from the other party.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between parties and supersede all prior agreements, whether written or oral, relating to the subject matter.

13.2 Amendments

WIZMONK reserves the right to modify these terms at any time. Changes effective immediately upon posting on wizmonk.com. Continued use constitutes acceptance of modified terms.

13.3 Severability

If any provision is found invalid or unenforceable, remaining provisions remain in full force and effect.

13.4 Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision.

13.5 Assignment

Client may not assign this agreement without WIZMONK's written consent. WIZMONK may assign to affiliates or successors.

13.6 Notices

All notices must be in writing and sent to: [email protected] for WIZMONK, and client's registered email address.