Terms of Service
The Justwords Digital Private Limited website (herein referred as the “Site”) is an online service provided by Justwords Digital (herein referred as the “Agency”). If you continue to browse and get right access to the website, you are agreeing to comply with and be certain through the phrases and situations. Please do not access or use the Site should you disagree with any part of the terms of conditions.
Please note that Justwordsdigital.com may also change this agreement without any notice, such that the effect of the change shall be immediately effective upon the posting of the changed agreement on the website. Your persevered get access to this website will be deemed a conclusive attractiveness of the amended agreement.
1. Fees and Expenses
The Client agrees to pay the monthly fee. The first payment is due upon signing the Agreement and thereafter, it will be charged on monthly basis.
Any services requested by the Client beyond the scope of work will incur additional cost. The Client agrees to pay these fees at the time the services are provided and expenses incurred, as invoiced by the Agency.
2. Term
The initial term of this Agreement is one (1) month from the date of execution. Following that, the Agreement will automatically renew on a monthly basis unless terminated by either party. If the Client chooses to terminate the Agreement, they must provide the Agency with thirty (30) days’ written notice and pay the Agency for an additional thirty (30) days of services based on the previous month’s charges.
3. No Guarantee of a Specific Result
Regardless of any perceived representations to the contrary, the Agency does not guarantee any specific results for the Client. The Client acknowledges and agrees that they are paying the Agency for services intended to generate results, but that outcomes are not guaranteed. It is understood that the Agency has no control over Google, Facebook, Instagram, or any other advertising and marketing platforms, and cannot be held responsible for any changes these platforms may implement.
4. Non-Disparagement
The Parties agree not to disparage, slander, or defame each other, including their principals, agents, officers, owners, directors, or employees, either directly or indirectly, during or after the term of this Agreement. This provision applies to all forms of social media and online forums. However, nothing in this clause prevents any Party from making truthful statements in connection with legal proceedings or investigations by governmental authorities.
5. Limitation of Liability
The Agency makes no warranties, either express or implied, regarding the performance of the services provided. EXCEPT AS EXPRESSLY STATED IN THIS PARAGRAPH: (a) THE AGENCY SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING LIABILITY FOR NEGLIGENCE; (b) THE AGENCY MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN ANY PART OF THIS AGREEMENT OR ANY COMMUNICATION; AND (c) THE AGENCY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Subject to the above, and notwithstanding anything stated otherwise, the Agency’s maximum aggregate liability under this Agreement shall not exceed the monthly fee paid by the Client in the one (1) month preceding the claim. IN NO EVENT SHALL THE AGENCY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Force Majeure
Neither party shall be considered in default or liable for any delay or failure in performance under this Agreement if such delay or failure is due to circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, acts of common enemies, natural disasters, earthquakes, floods, fires, epidemics, riots, delays or failures in transportation, communication, or utilities, or any act or omission by the other party or its officers, employees, agents, or contractors. However, a lack of funds shall not be regarded as a circumstance beyond a party’s reasonable control.
7. Default
If the Client fails to pay any fees or charges under this Agreement, the Agency may immediately pause or terminate this Agreement, among other available remedies, until the Client remedies the default.
8. Governing Law
This Agreement shall be governed by the laws of the State of Delhi, India, without regard to any choice-of-law provisions.
9. Attorney’s Fees
In any litigation, arbitration, or dispute arising under or relating to this Agreement, each party shall be entitled to recover reasonable attorney’s fees and litigation costs.
10. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior communications, agreements, or understandings, whether written or oral. Any amendments to this Agreement must be made in writing and signed by both parties.
11. Severability
The provisions of this Agreement are severable. If any provision is found to be invalid or unenforceable under applicable law, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this Agreement.
12. Assignment of Rights
This Agreement shall be binding upon and benefit the heirs, successors, and assigns of both parties. The Agency reserves the right to assign all or part of its rights under this Agreement to a third party without the Client’s consent, provided that the Agency gives written notice of such assignment to the Client either at the time of, or shortly after, the assignment. The Client may not assign this Agreement or any of its rights or obligations without the prior written consent of the Agency.
13. Solicitation of Employees and Customers
The Agency understands and agrees that it will not solicit the Client’s employees or customers. At no time shall the Agency specifically target the Client’s customers, leads, or website traffic, whether online, offline, or through any other means, for the benefit of any other business or government entity, regardless of whether that entity is a customer of the Agency. Furthermore, the Agency will not provide any list of individuals or companies associated with the Client to any other business or government, unless required by law, that could lead to the solicitation of the Client’s customers.