Terms and Conditions
DriveIT Digital Pvt Ltd (“The Company, We, Us”) aims to deal with its clients in a professional, timely and favourable manner. By engaging DriveIT Digital with their business, the clients will be accepting the following terms and conditions:
- Legal Agreement: This agreement shall be a legal agreement between Client and DriveIT Digital. The agreement shall constitute the entire agreement between Client and DriveIT Digital in relation to the Services.
- Term of Agreement: This agreement commences on the start date specified in the Agreement (start date) and is for an indefinite term unless a finish date is specified or the agreement is ended earlier in the matter permitted by this agreement.
- Services DriveIT Digital will provide: DriveIT Digital will:
a. provide the work and services to be carried out by DriveIT Digital as described.
b. provide support in respect of the Services as specified.
c. act in Client’s best interests but will not do anything which is unethical or unlawful.
d. keep records of work performed under this agreement and provide copies of those records to Client on request; this includes all digital files.
e. provide only the resources specified In contract as required to be provided by DriveIT Digital to deliver the Services.
f. provide the Services to Client alone and will not regard any other entity as its client in relation to the Services.
- Additional Services:
a. At the request of Client, DriveIT Digital may provide work and services additional to the Services including:
b. any additional services set out; and updates required as a result of changes to any relevant digital interface or services required in respect of matters set out in clause 5.
c. Client agrees and acknowledges that
(i) the fee for any Additional Services is not included within the fee for the Services and will be charged at DriveIT Digital’s time based charge out rates, as set out in the contract; and
(ii) by submitting a quick quote or other form of purchase order to DriveIT Digital in respect of any Additional Services, Client agrees to pay for the Additional Services.
- Limitations on services:
a. search engines may stop accepting submissions for an indefinite period of time. Search engines may re-rank or exclude websites and webpages for no apparent or predictable reason. Often a webpage will reappear without any additional submissions.
b. Social media platforms change their interfaces on a regular basis. Unfortunately DriveIT Digital cannot pre-empt these changes. This may require us to redesign your social media pages, for which a quotation will be provided.
c. any modification of Client’s website by Client or any third party may impact on the listing or ranking of Client’s website. Any work or services required by DriveIT Digital as a result of such modification shall be Additional Services;
d. DriveIT Digital will not provide the following services under this agreement (DriveIT Digital may at its discretion provide these services as Additional Services at the request of Client):
(i) support outside Business Hours. In this agreement, Business Hours means 8am to 5pm Indian time on any day except a Saturday, Sunday or public holiday in India;
(ii) support of or assisting the client in the use of operating systems, ancillary services or software or other platforms;
(iii) managing authorised usernames and passwords;
(iv) installing or managing Client’s security measures;
(v) support where Service impairment results from installation, un-installation, or use of other software applications;
(vi) recovery of damage or data loss arising from hard drive or CPU failure, network failure, misuse, negligence, alteration, improper wiring, malware, viruses or failure to complete daily and weekly backups;
(vii) support where Client has failed to implement a recommendation from DriveIT Digital where in the reasonable opinion of DriveIT Digital the recommendation should be implemented to ensure DriveIT Digital can properly deliver the Services;
(viii) installing or managing Client’s security measures;
- Website Development Site Speed
DriveIT Digital aims to deliver all websites we develop from origin to operate at a minimum of 50/100 on both desktop and mobile using the following Google Tool : https://developers.google.com/speed/pagespeed/insights/. We cannot guarantee faster speeds unless it has been outlined in the website scope as advanced features that a website may have can impact this score significantly. Drive Digital will do all it can to improve site speed however we reserve the right to quote accordingly to improve site speed if needed.
- Items to be provided by Client:
a.provide to DriveITDigital all items and materials to be provided by Client as stated and all information and materials relating to Client’s requirements with respect to the Services, including as regards scope and timing;
b.obtain all approvals which are required for the lawful provision and use of the Services; and
c.appoint a person to act as Client’s representative, which person shall be deemed to have authority to act on behalf of and bind Client in connection with this agreement.
- Client Authority, Exclusivity and Warranties:
a.Client authorises DriveIT Digital to: iconduct all activities as may be required to perform the Services, including submitting websites to search engines and any other resources or relevant sites; and
ii. modify any of Client’s websites, including modifying the metadata of any website, for the purposes of providing the Services;
iii. use relevant keywords and phrases, including intellectual property belonging to Client, for the purpose of delivering the Services. b.During the term of this agreement, Client shall not permit any search engine optimisation provider to:
i. perform or deliver any service which is within the Services; or
ii. have access to any of the Client’s websites that are part of the search engine optimisation service. c. Client agrees that DriveIT Digital will not be responsible for any of the Client’s websites or search engine rankings if Client does not comply with clause 7b.
- Client’s Responsibilities:
In order to ensure that DriveIT Digital is able to properly deliver the Services, Client:a.must ensure that Client’s websites are active and accessible by DriveIT Digital at all times; b.must notify DriveIT Digital each time any modification to Client’s websites is made where that modification may affect the delivery of the Services by DriveIT Digital; c.must not install or use software that may, in the reasonable opinion of DriveIT Digital, impair the proper delivery of the Services by DriveIT Digital; d.agrees to inform all third parties with access to Client’s websites, including webmasters, that DriveIT Digital has been engaged to provide the Services; e.agrees that if DriveIT Digital: i. reasonably determines that Client’s web hosting provider may be part of a ‘bad neighbourhood’; or
ii. considers that for optimisation of the Services, Client should change its’ web hosting provider,
iii. then Client will, at DriveIT Digital’s request, change its web hosting provider.
- Support Provided:
a.DriveIT Digital shall use commercially reasonable efforts to provide support on the terms set out in the any agreed written contract but does not guarantee that any defects in the Client’s websites or Services will be fixed by DriveIT Digital. b.Client acknowledges that DriveIT Digital relies on third party interfaces and databases to deliver the Services and as a result DriveIT Digital cannot guarantee uninterrupted access to and use of those third party internet interfaces and databases at all times.
Except as otherwise agreed in writing with DriveIT Digital;a.the fee for the Services will be as specified in the any agreed written contract; b.DriveIT Digital reserves the right to adjust its time based charge out rates on each 1 January and 1 July by an amount not less than the change in the Consumer Price Index (All Groups) India in the preceding six months.