Terms and Conditions

Terms and Conditions of Service

The terms and conditions apply to all Jodnu Technology Pvt. Ltd. Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Jodnu Technology and the Client. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Jodnu Technology and the Client then the terms and conditions hereunder will apply.

1. ESTIMATES

•  Jodnu Technology may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
• Jodnu Technology will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of Jodnu Technology estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and Jodnu Technology to the contrary.

3. PROJECT TERMS

• Unless expressly agreed in writing to the contrary Jodnu Technology will not accept liability to the Client for unforeseen delays in completing a project.
• In the event that there is a delay in the completion of a project, Jodnu Technology will communicate such delays to the Client in writing via email.
• All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
• All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
• The client is required to provide Jodnu Technology with all the content required for a project within the period detailed above. Should the client delay issuing Jodnu Technology with the content required for the project, Jodnu Technology reserve the right to renegotiate the cost of the project as well as the expected completion date? In such instances, Jodnu Technology will request any outstanding payments to be settled before the continuation of the project.

4. ONGOING MAINTENANCE AND SUPPORT

• Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on a Maintenance agreement then a quotation will be issued to commence such fixes.
• Jodnu Technology cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with Jodnu Technology which covers such incidents.
• Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Jodnu Technology’s account manager.
• Development faults with plugins or themes used on a website built by Jodnu Technology are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
• Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
• Jodnu Technology account manager can be present to consult at external meetings if required, however, such meetings need to be arranged in advance and unless prior arrangements have been made such consultations will be limited to one meeting per month of a maximum duration of 1 hour. Consultations will be charged at our standard consulting rate.

5. TERMINATION OF SERVICE

• Cancellation of any products or services may be made at any time by providing Jodnu Technology with a cancellation request 1 calendar month in advance, in writing.
•  In the event of cancellation of the agreement prior to the completion of the cancellation period, Jodnu Technology reserves the right to pursue any of the following: (1) Remove equipment, software, services or resources owned by the Company, (2) Bring legal action against the Client for contractual breach or (3) Remove any created websites, graphics, content, links, advertising and accounts.

6. THIRD PARTY SERVICES

• Jodnu Technology will offer to Clients’ third party services such as those offered by Google to enhance the performance of their websites. Jodnu Technology may include in quotations the setup and maintenance of such third party services. Jodnu Technology will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.

7. WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS

• All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing Jodnu Technology the content required for the project, Jodnu Technology reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, Jodnu Technology will request any outstanding payments to be settled before the continuation of the project.
• CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted for separately if required.
• Additional pages, images, and revisions on projects above the scope of work agreed above will attract additional charges.
• The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
• Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform, as the code is customized for use on this platform.
• Viruses & Outdated Websites, Jodnu Technology makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keeps its servers secure, wherever possible. However, we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
• Jodnu Technology cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Jodnu Technology cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where Jodnu Technology is responsible for updating this on your website at all times.
• If the final website is not according to the Agreed Sample Design, Jodnu Technology will return all the amount paid by the customer for the website development.

8. SEO TERMS AND CONDITIONS

• Jodnu Technology accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.

9. EMAIL MARKETING TERMS AND CONDITIONS

• Jodnu Technology will setup Client’s email with email service providers and charge a fixed amount for doing this.
• Payment of Monthly charged based on subscribers will remain the responsibility of the client.
• Jodnu Technology will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for a newsletter or emailing distribution.
• Jodnu Technology will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.

10. CONTENT MARKETING TERMS AND CONDITIONS

• The Client’s account manager will post content based on the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, RSS feeds where the Account Manager can derive content from.
• The Account Manager cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions were taken in response to these contradict the objective of company transparency.
• Unless otherwise agreed on the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.
• The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.

11. HOSTING TERMS AND CONDITIONS

• Jodnu Technology will invoice for hosting and domain renewals on an annual basis. This is only applicable for websites hosted and maintained by Jodnu Technology
• Jodnu Technology will use their best endeavors to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimize the duration of any such instances. This is only applicable for websites hosted and maintained by Jodnu Technology.
• Jodnu Technology will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
• Only if website maintenance is selected and paid for on a monthly basis, will Jodnu Technology keep a backup of all Client website files.
• In the event that a Client wishes to move their website to another web server supported by another party, then Jodnu Technology will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
• Jodnu Technology will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by Jodnu Technology then no charge will be made to the Client. If the problem is not due to an omission by Jodnu Technology then the Client will be charged
• Login details and passwords need to be kept confidential and secure. Jodnu Technology will not be held accountable for email account/website hacks. We do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimize the request

12. GENERAL SERVICE DISCLAIMERS

The Client acknowledges the following with respect to services:

• Jodnu Technology accepts no responsibility for policies of Google, third-party search engines, directories or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s website or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to holdJodnu Technology responsible for any liability or actions taken by Third-Party Resources under this Agreement.
• The Client furthermore acknowledges that the nature of many of the resources the Jodnu Technology may employ under this Agreement are competitive, therefore Jodnu Technology does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the Jodnu Technology past performance is not indicative of any future results the Client may experience.
• The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
• The Client accepts that Google AdWords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
• The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question.
• Jodnu Technology will endeavor to make every effort to keep the Client informed of any changes that Jodnu Technology is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that Jodnu Technology may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
• Jodnu Technology, for the duration of this agreement, may develop design strategies and codes, which, in Jodnu Technology’s opinion improve the Client’s website. Jodnu Technology and the Client will review these suggestions together and once a mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with Jodnu Technology prior to implementing these changes, to make sure that they do not conflict with Jodnu Technology marketing strategy.
• Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. The Company will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
• Jodnu Technology and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.

13. COPYRIGHT

• The source code of all website web pages remains the intellectual property of Jodnu Technology until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Jodnu Technology.
• All scripts, CSS and include files used within Client websites, remains the intellectual property of Jodnu Technology until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of Jodnu Technology.
• The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Jodnu Technology until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Jodnu Technology.
• All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright.Jodnu Technology will not reuse Client written content or images without the express permission of the Client.
• Jodnu Technology will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to Jodnu Technology is original content and not copied off other websites as copying content of other online assets will directly impact Jodnu Technology ability to run an effective marketing strategy for the Client.
• The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the Jodnu Technology Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.