Terms And Conditions

These Terms & Conditions (“Agreement”) govern the provision of services by DigitallyTop (“Company”, “we”, “our”, “us”) to the client (“Client”, “you”, “your”).
By engaging in our services, you agree to be bound by this Agreement.

1. Scope of Services

DigitallyTop will provide IT, marketing, and digital services as agreed in writing (proposal, contract, or statement of work). Services may include but are not limited to:

Software, Web, and Mobile App Development
Digital Marketing & Lead Generation
Maintenance & Support
Consulting, UI/UX, Design, and Creative Solutions

Any additional work outside the agreed scope will require a new agreement or change order.

2. Client Responsibilities

Provide accurate, timely, and complete information required for project execution.
Ensure that all content, data, or materials shared with DigitallyTop do not infringe on third-party rights.
Cooperate and provide necessary feedback/approvals within agreed timelines.
Send clear instructions to set accurate timelines and costs.
Track daily updates and share timely feedback. If feedback cannot be provided, inform DigitallyTop in advance.

3. Payments & Fees

We do not sell or rent your personal data. Information may be shared only in the following cases:

Invoices must be paid as per the agreed payment schedule (milestones, retainers, or one-time fees).
Payments for period-based pricing (hourly, weekly, monthly) must be made in advance as per booking requirements.
Payments for fixed-price projects must follow the agreed proposal or contract milestones.
All fees are exclusive of applicable taxes.
Non-Refundable: Once payment is processed, it is final and non-refundable unless explicitly stated otherwise in writing.
Invoices are issued before work commences; delays in payment may put the project on hold.
Late payments may attract interest charges as per applicable laws or agreed contract terms.

4. Resources and Timings

DigitallyTop provides developers, marketing professionals, and project managers as per project requirements.
Public holidays will be notified in advance, and timelines/invoices will be adjusted accordingly.

5. Intellectual Property Rights

Upon full payment, all deliverables specifically created for the Client will become their property.
Pre-existing code, tools, frameworks, or methodologies remain DigitallyTop’s property, but the Client will receive a license to use them as part of the deliverable.

6. Timelines & Delays

DigitallyTop provides developers, marketing professionals, and project managers as per project requirements.
Public holidays will be notified in advance, and timelines/invoices will be adjusted accordingly.

7. Revisions & Changes

Deliverables include the number of revisions specified in the proposal.
Additional revisions or out-of-scope changes will be chargeable.

8. Confidentiality

Both parties agree to maintain the confidentiality of all business, technical, and proprietary information shared during the project, except where disclosure is required by law.

9. Service Quality & Operations

DigitallyTop follows an agile methodology and provides regular updates via email, Teams, Slack, or calls.
We deliver high-quality, cost-effective services within agreed timelines.
Unless specified, we will not work directly on live servers.
DigitallyTop does not outsource work or contact end clients without approval.

10. Support & Maintenance

Post-delivery support is provided as per a support/maintenance contract (if purchased).
Bug fixes are free within the warranty period specified in the proposal.
Warranty excludes issues caused by third-party changes, post-deployment modifications, or misuse.

11. Source Code & Responsibility

Once project deliverables or source code are handed over, DigitallyTop has no obligation to store backups.
The Client is responsible for safeguarding the code.
If DigitallyTop is requested to store or maintain the code post-handover, it will be chargeable under a separate agreement.

12. Client Inactivity During Development

If the Client is unresponsive for more than 30 days, DigitallyTop reserves the right to reassess scope, timelines, and charges.
If inactive for 6 months or more, DigitallyTop is not obligated to retain project files; resuming work may require a new contract.

13. Service Acceptance

Clients must test the project on DigitallyTop’s development server before deployment.
After acceptance and final payment, DigitallyTop will deploy the code to the production server.
After warranty expiry, additional work will be chargeable.
Clients are strongly advised to maintain backups of production servers unless a Maintenance Agreement specifies otherwise.

14. Warranty Period

Standard warranty: 30 days from deployment (unless otherwise agreed).
Errors reported within warranty will be fixed free of cost.
Warranty excludes third-party interference, modifications, or misuse.
DigitallyTop does not guarantee commercial profitability or business success of the developed systems.

15. Restrictions

Clients must not:

Engage DigitallyTop’s developers or staff directly within 1 year of contract end.
Try to bypass DigitallyTop to contact or work with other DigitallyTop clients.

16. Termination

Either party may terminate with written notice if the other breaches a material term and fails to remedy it within 15/30 days.
DigitallyTop may terminate services if invoices remain unpaid for more than 5 days.
Upon termination, all completed work till date will be invoiced and payable.

17. Governing Law & Jurisdiction

The contract between DigitallyTop and the Client shall be governed by and construed in accordance with the laws of India, and any dispute arising shall be subject to the exclusive jurisdiction of the courts of Jaipur, Rajasthan, India.

18. Amendments & Privacy Policy

DigitallyTop reserves the right to update these Terms & Conditions or Privacy Policy at any time.
Continued use of services implies acceptance of updated terms.
Clients who do not agree must request in writing for return or deletion of their information.

19. Acceptable Use of Services

Clients agree to use DigitallyTop services only for lawful purposes and in compliance with applicable laws.

Prohibited activities include but are not limited to:

Hosting or distributing illegal, fraudulent, or harmful content.
Phishing, spamming, or malicious attacks.
Attempting to bypass security measures or disrupt DigitallyTop systems.

20. Anti-Spam & Unsolicited Communications

DigitallyTop enforces a strict anti-spam policy.

Clients shall not send unsolicited bulk messages or promotional emails using DigitallyTop’s platforms or systems.
Violations may lead to immediate suspension or termination without refund, and related costs will be borne by the Client.

21. Prohibited Content & Client Liability

Clients must not use DigitallyTop’s services to process or transmit content that:

Infringes intellectual property rights.
Is defamatory, obscene, or violates privacy.
Breaches applicable laws or agreements. Clients bear full responsibility for all content created or distributed through DigitallyTop.

22. Security & Unauthorized Access

Any attempt to access DigitallyTop’s systems or data without authorization is strictly prohibited. Hacking, reverse-engineering, or malware distribution may result in immediate suspension and legal action.

23. Bandwidth, Storage & Fair Use

Use of DigitallyTop’s infrastructure must remain within agreed contractual limits. Excessive or abnormal usage that affects service for others may lead to throttling, additional fees, or suspension.

24. Immediate Suspension Rights

DigitallyTop reserves the right to suspend or disable services without prior notice if the Client’s actions:

Violate these Terms & Conditions,
Pose a legal or security risk,
Harm DigitallyTop’s systems, reputation, or other clients.

Suspension does not waive the Client’s obligation to pay outstanding dues.

25. Indemnification

The Client agrees to indemnify and hold harmless DigitallyTop, its affiliates, and employees from any claims, damages, liabilities, or expenses (including legal fees) arising from:

The Client’s content or data,
Breach of this Agreement,
Misuse of DigitallyTop services, or
Violation of law or third-party rights.

26. Third-Party Providers & Downtime Disclaimer

DigitallyTop is not responsible for service interruptions caused by third-party hosting providers, data centers, payment gateways, or internet carriers beyond its control. While reasonable efforts will be made to coordinate with such providers, liability for third-party failures is excluded.

27. Domain Registration & Management (If Applicable)

If DigitallyTop assists clients with domain registration or management through third-party registrars, the Client remains responsible for:

Domain renewals and timely payments,
DNS management and credentials,
Accuracy of WHOIS and registry data.

DigitallyTop shall not be liable for any loss, expiration, or transfer of domain names.

Final Note: By engaging DigitallyTop’s services, you confirm that you have read, understood, and agreed to these Terms & Conditions in full.

Result-Driven Digital Marketing Services