AGREEMENT TO TERMS
Terms and Conditions
You agree to all of our Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with applicable local laws by accessing Mobyink.com, signing up for web design, digital marketing, and SEO services, and paying your invoices. You are not permitted to use or access this website or our services if you do not agree with any of these terms. Copyright and trademark law protects the materials on Mobyink Innovations Pvt Ltd's website. We reserve the right, at any time, to change these terms and conditions.
Any images or videos submitted by a client will be posted in their entirety. If the image quality is poor, the image has a low resolution, or there are other issues, our webmasters will not alter or edit it. We accept high-resolution JPG, GIF, and Ping images. We recommend uploading images to Google Drive or Dropbox for the best quality. You can also upload videos to YouTube and send us the link to embed them on your website. Due to copyright concerns, we do not download or copy images from our client's social media pages for use on their websites. The client is responsible for obtaining legal photo usage consent forms as well as permission to use other people's photos.
Website Images and Content:
Client recognizes, understands, and agrees that they are responsible for providing their own website content, products, videos, and images. If the client does not have any original images, we will use filler images or stock images for the client's website. If we need to purchase stock images for the client's website, we will charge the client.
Client understands, acknowledges, and agrees that they are responsible for providing their logo, website images, prices, and a product list or a full inventory list of all the products that they wish to have on their website. The client is responsible for creating their inventory list in CSV, Excel, or web designer-recommended format and submitting their inventory list with product variants to our team as soon as their webmaster requests information about their project.
The client understands, acknowledges, and agrees to submit their product inventory sheet to the web design team in the format requested by the web designer. The web designer will send an email with a sample format for the client to use as a guideline. The client can email their product lists to us or upload them to Google Drive or Dropbox and give us shared access so that the web design team can retrieve them.
The client understands, acknowledges, and agrees that the web design team is not responsible for searching the internet for the client's products, retrieving or creating product lists and product variants from the company's vendors, affiliates, or third-party websites. The client is solely responsible for this.
We do not install payment gateways on e-commerce websites for our clients. In the event of a security data breach, company policy prohibits us from having access to our client's financial information. Stripe, Square, Paypal, and other payment gateways are examples.
Project Completion Timeframe:
Following the completion of the client's website project, the client has seven (15) days to review their website and request revisions before their site goes live online. If the client does not submit any revision requests or approve their website's go-live date within seven days of its completion, their project will be marked as "auto-complete," and no refund/credit will be issued. Any outstanding balances are due immediately. Ignoring our webmaster's emails or phone calls does not excuse our clients from paying their outstanding account balances.
The client understands, acknowledges, and agrees that by engaging Mobyink Innovations Pvt Ltd for services, he or she is bound by this agreement and agrees to follow our policies. Web design and development projects necessitate a significant investment of time and money. As a result, once a payment or deposit is made, it cannot be refunded (only applicable for some specific condition mentioned in I/O Agreement). If the CLIENT cancels, delays, or postpones a project, Mobyink Innovations Pvt Ltd will retain all monies paid and, if applicable, charge the CLIENT an additional cost for all work completed beyond what was already paid for. There will be no exceptions.
Client understands, acknowledges, and agrees that if they cancel, terminate, forfeit, or back out of their web design agreement and there is an unpaid balance or second or third installment payment on their account, the client is responsible for paying their remaining installment balance because they breached their agreement by cancelling their services rather than allowing us to complete their project.
Before we begin working on a client's project, we will outline the terms and conditions in their web design proposal and invoice agreement. If the client has a problem with their web design project, they should contact the web design team and their project manager to discuss the problem and work things out civilly and amicably. The client understands, acknowledges, and agrees that by engaging Mobyink Innovations Pvt Ltd for services, he or she is bound by this agreement and agrees to follow our policies.
Client understands, acknowledges, and agrees that once they pay their invoice following the terms and conditions of their web design agreement, they will not be able to demand that we perform additional tasks, provide additional services for items not listed in their agreement, or request a full refund. If they claim that one of our employees made promises that were not included in their binding agreement, the client must provide written evidence of such promises. If no proof is submitted, we will continue working on the client's project following the terms of their web design agreement.
The client understands, acknowledges, and agrees that ignoring our webmaster's emails or phone calls does not relieve the client of the responsibility to pay outstanding balances on their accounts. If the CLIENT fails to respond to our emails and fails to provide us with the necessary website content, images, product lists, and videos to complete their web design project, Mobyink Innovations Pvt Ltd will retain all monies paid and, if applicable, an additional cost will be charged to the CLIENT for all work completed beyond what was already paid for. There will be no exceptions.
Client understands, acknowledges, and agrees that they will be notified via email once their webmaster has finished their web design project using the limited or complete information they provided. Within a certain timeframe, the client will be asked to review their website and provide feedback or request revisions. If we do not hear back from the client within thirty days if the client does not respond to their webmaster's email with project information, or if the client does not submit the requested information within the allotted time frame, their project will be marked as autocomplete and no refunds will be issued.
Client understands, acknowledges, and agrees that if he or she abandons their project or fails to respond to our phone calls and emails regarding website approval or revisions, their project will be marked "auto-completed," and no refund or credit will be issued to their account. If the client changes the name, logo, domain, images, content, or videos on their website and does not submit these changes to Mobyink Innovations Pvt Ltd within 30 days of the website's completion, their project will be marked "auto-completed," and no refund or credit will be issued to their account. If a client requires additional time to review their website and submit additional revisions or missing information, they must notify their webmaster via email at info@Mobyink.com.
Website Maintenance, Website Revisions, and Website Updates:
The client understands, acknowledges, and agrees that after their web development project is completed, the client must submit revisions in writing. Do not send revision requests by phone or text message. Clients should send a detailed description of any new content, photographs, or website revisions to our support team at info@Mobyink.com.
The client recognizes, understands, and agrees that each website plan includes a unique set of site updates. Your website will not be updated regularly if you did not purchase one of our combo plans (site updates + website maintenance) or an a la carte website maintenance plan. Website updates do not include website redesign, architectural changes, theme changes, the addition or deletion of new website pages, the addition or deletion of inventory, pricing changes, or changes to content, links, videos, and images, among other things. Site back-end updates are typically required for a website to maintain an online presence on search engines and remain secure. WordPress plugin updates, antivirus updates, software updates, app updates, webmaster tools, SSL Certificate updates, and search console updates are all possible.
Our Website Maintenance Plans include website revisions and updates. Site revisions include the following: the addition and deletion of site pages, the addition, and deletion of website inventory/products, prices or promotional offers, site links, videos, images, and so on. If the client requires a website redesign or theme change, we will provide a quote, and the redesign services will be billed separately.
Any website revisions submitted by the client will be posted to the client's website "as submitted" without modification by our team. "Please replace terms and conditions with new terms and conditions information-see attached," for example. This is only one revision because we are only working on one page. If the client submits a list of revisions for various pages on their website, each task is treated as a separate revision because we must make several revisions on various pages.
The 30-day free website maintenance period begins the day after the client's project was marked auto-complete or the client approved their site to go live online. Clients may still submit revision requests during the 30-day grace period; however, once the grace period expires, we will bill clients on an hourly basis for any additional services or revisions.
Client understands, acknowledges, and agrees that the discounted Wix Arena website redesign service includes one (1) revision after the website is finished or if we build you a new website at half the price. Additional revisions will be charged at a rate of $40 per hour. The client should submit revision requests in a single email with content, image (s), and video attachments so that their webmaster can work on revision requests concurrently. Please notify us if you wish to deactivate your website while we work on your project.
We allow unlimited revisions after your web design project is completed and before your site goes live online for clients who purchased month-to-month digital marketing, website maintenance, search engine optimization, Adwords, or a la carte plan.
After their website project is completed, web designers must notify clients via email; clients must respond to their webmaster email (s) within 96 hours or by the date(s) specified in the client's notification email. If the client responds to the email notification within the allotted time frame with revision requests, their webmaster will complete those requests within 96 hours. Otherwise, the webmaster is required to notify clients of impending delays.
Upon completion of the client's website revision (s), the webmaster will notify the client and provide proof of any changes/revisions made to their website. The client must respond to the webmaster's email within 48 hours or the web design project will be marked as "autocomplete". If the client requires additional time to review their website and submit revisions, they must notify their webmaster via email at info@Mobyink.com.
The website revision (s) for the client is based on the website maintenance plan that the client purchased. The Bronze Website Maintenance plan, for example, includes up to 5 hours of website revisions. If a client's revision request takes longer than the allotted time, the client will be charged for the extra time. The client has the option to upgrade their website maintenance plan at any time. Custom projects that are not included in the website maintenance plans will be billed separately to the client. Website maintenance plans are active and valid for the duration of the client's month-to-month subscription service.
Website Quotes and Hidden Pages:
Search engine optimization and digital marketing quotes and fees are based on the client's current published website pages. We, like search engines, cannot see hidden pages and will not perform SEO or digital marketing services for pages that were not included in the original website redesign, SEO, or digital marketing quote.
For example, if your website has 20 pages and you publish fifteen of them while hiding the other five, we will give you a quote for the fifteen live pages that we saw when we visited your site and performed an initial site audit. Search engines and we are both unaware of hidden pages. If we log in to your website and view the five hidden pages, we will only perform on-page SEO, website redesign, or digital marketing services for the fifteen published pages, not the five hidden pages you intend to publish in the future. If you require us to optimize the five hidden pages after they have been published, we will charge an additional fee.
Problems with External Email Transfer:
Mobyink Innovations Pvt Ltd is not liable for email transfer issues or any other email problems with pre-existing email accounts purchased from another domain reseller before signing up for Mobyink Innovations Pvt Ltd's digital marketing and web design services. We will gladly assist you with the email accounts that we set up.
Mobyink Innovations Pvt Ltd is responsible for independent online reviews that people leave on internet directories such as Yelp, Yahoo, Bing, Facebook, Manta, Merchant Circle, and Google. If you are dissatisfied with a customer review, we can assist you in crafting an appropriate response. We recommend that you respond to all reviews, positive or negative, in a professional manner. We will not contact these review websites and request that they remove negative reviews because they will not respond. Each review site chooses which reviews to publish or suppress.
E-commerce Sales Reports:
We do not generate customer sales reports from the e-commerce stores or payment gateways of our clients. The client is responsible for generating their own e-commerce shopping cart sales reports from their stores or payment processing merchants on a daily, weekly, monthly, and annual basis. This activity falls under accounting and not digital marketing and web design.
E-commerce Inventory List:
Clients must provide their inventory list(s), available merchandise, and updated CSV files with an accurate list of products that they sell in their virtual stores. Product name, item number, (SKU Number), price, description of each product, color, and size variants, ship time, customization options, and so on should all be included in the inventory list.
Mobyink Innovations Pvt Ltd is not responsible for creating, updating, or maintaining the inventories of our client's e-commerce stores. We are not responsible for creating product names, product photography, SKU numbers, product description, color and size variants, etc. For retrieval, clients should upload product photos to their Google Drive or Dropbox accounts. Due to Copyright Infringement Regulations, we will not retrieve, copy, or download clients' product images from competitors, social media, or third-party websites.
Search Engine Optimization:
Client understands, acknowledges, and agrees that Mobyink Innovations Pvt Ltd has no control over search engine or directory policies regarding the types of sites and/or content that they accept now or in the future. At the sole discretion of the search engine or directory entity, the customer's website may be removed from any search engine or directory at any time. Some search engines and directories may take up to 90 days, or even longer, after the start of the plan to list and/or update the customer's website. Search engines and directories will occasionally remove listings for no apparent or predictable reason. Mobyink Innovations Pvt Ltd is not liable for changes made to the customer's website by third parties that hurt the customer's search engine or directory rankings. SEO and marketing professional services necessitate extensive resources, strategy, time, and internal expenses. As a result, payments for SEO and marketing services are non-refundable.
In regards to the month-to-month website rental plan, admin access is granted to our webmasters, graphic designers, and tech support team with limited access granted to some digital marketing consultants. Clients do not have access to our admin panel due to security & privacy protocol.
Clients who participate in the "Wix Arena Program" will always have access to their websites. Clients who paid in advance for their Wix or WordPress websites will have complete ownership access at all times.
Web Design Affiliations:
Mobyink Innovations Pvt Ltd understands, acknowledges, and agrees that it has affiliations with other web design companies, graphic designers, content marketers, print and digital advertisers, app builders, directory optimization providers, photographers, hosting companies, and domain re-sellers such as Godaddy, App builders, Wix, Squarespace, Weebly, Shopify, WordPress, Microsoft, Global Hunt, Infinity Pxl, Google, Yahoo, Bing, Wave, Paypal, Chamber of commerce, G- Some of our content includes free and subscription apps. Custom-made apps are available for purchase separately from our affiliates or web designers. On projects requiring multiple personnel or advanced expertise, we collaborate/work with our affiliates, freelancers, and independent contractors.
At this time, we only serve clients around the globe. We offer international businesses web design or digital marketing services to our client segment.
Industries That We Do Not Cover:
We DO NOT construct or market websites in the following categories: political, funeral homes, hate groups, adult, and dark websites.
Payments and Billing:
All payments to Mobyink Innovations Pvt Ltd for your monthly digital marketing, hosting, and search engine optimization must be made using a method of payment approved by us from time to time. We currently require payment via major credit card (i.e., VISA & MasterCard). All payments must be made from a payment source where you are listed as the Account holder. For whatever reason, all payments are non-refundable.
At the end of each month, you will be charged in arrears for the Services ("Billing Date"). If we do not receive the full amount of your service fees within 5 days of the billing date, a 3% late payment fee will be added to your bill and it will become immediately due and payable.
Websites that are more than five days past due will be unpublished until payment + a 5% late fee is received. You agree to reimburse us for all reasonable attorney's fees and costs incurred in collecting any past-due amounts. If your payment is past due, regardless of the amount, your account will be deactivated without further notice. You agree to pay any outstanding balance in full within 30 days of the Services being canceled or terminated. We reserve the right to change our fee structure at any time with thirty (30) days' notice.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or another method of payment in connection with the Site by a third party. You waive your right to contest any payment made into Your Account and agree to bear all associated costs. Any attempt to defraud the Site by using credit cards or other forms of payment, or any failure by you to honor charges or payment requests, will result in the immediate termination of Your Account and civil and/or criminal prosecution.
Processing Of Account Payments:
To process financial transactions, the company may use third-party electronic payment processors and/or financial institutions ("ESPs"). You irrevocably authorize us to instruct such ESPs to handle such transactions as needed, and you irrevocably agree that the company may issue such instructions on your behalf following your requests as submitted on the Site. You agree to be bound by the terms and conditions of each applicable ESP, and in the event of a conflict between these terms and the ESP's terms and conditions, these Terms will take precedence.
Mobyink Innovations Pvt Ltd automatically renews all paid subscriptions when they expire to provide continuous service. Such renewals are usually for the same length of time as the original subscription term (for example, a 1-month subscription will renew every month, a 3-month subscription will renew on a 3-month basis, and so on). You agree that the above-mentioned automatic renewals will apply to your account. If you do not want your account to renew automatically, please follow the instructions under "Cancellations & Refunds."
Monthly Social Media Marketing, Site Maintenance, and SEO Service Cancellations:
You will receive an e-mail receipt and confirmation of service when your paid monthly membership plan begins. To receive a refund, you must cancel within 24 hours. After that, you may cancel your account at any time and you will not be charged again; however, if you cancel after the refund period, you will not receive a refund. Send all cancellation requests in writing to info@Mobyink.com.
If the client cancels their monthly membership after Mobyink Innovations Pvt Ltd has completed the following steps:
Analysis of competitors, SEO research, keyword research, digital marketing analysis, demographic research Purchase stock photography for the client's website. Make your own content, No refund or credit will be issued to the account if a custom website is created and emailed/transferred to the client for review.
If a client cancels Mobyink Innovations Pvt Ltd's digital marketing, SEO, or website maintenance services, all billing will cease before the next billing cycle, and the client's account will be deactivated within 15 days. If the client later decides to reactivate their digital marketing services with Mobyink Innovations Pvt Ltd, they will be charged for the new/reactivated services. Upon receipt of payment and re-acceptance of our terms and conditions, the account will be activated.
If I don't renew my service, what happens to my website?
The free websites provided by Mobyink Innovations Pvt Ltd are linked to the digital marketing packages (such as Bronze, Silver, and Gold), thus they will stop functioning if the monthly plan or service stops operating due to non-payment or another reason (desktop and mobile). As long as the client's digital marketing packages and services are current and valid, the client's website is also active and legitimate. If a previous client requests it by email before their website is erased from our server, we may transmit website material and photos to them before their website (desktop and mobile) is deactivated. We retain the right to repurpose the dormant website by customizing it for usage on another domain.
This does not apply to Wix or WordPress customers who bought their websites outright or who already owned them when they choose to use our digital marketing or SEO services. For clients with their websites, the à la carte service will end, however even if you cancel your SEO, digital marketing, social media marketing, or maintenance plans, your website will still be live.
The customer is not the owner of the stock photos that we use during the original design of the client's website; rather, they belong to Mobyink Innovations Pvt Ltd. We shall give up all ownership of the previous client's domain and move their URL to their Godaddy account. A domain transfer fee is levied by us. Requests for domain transfers must be made in writing and sent to info@Mobyink.com.
The customer is responsible for paying any additional site transfer fees that Godaddy or another hosting provider may impose to properly finish the domain transfer procedure. If a customer created their website somewhere else before subscribing to Mobyink Innovations Pvt Ltd's digital marketing services, they can use that website once again as long as they didn't erase it from their account. Past customers must go for another web design company to create, host, and handle the required upgrades for their website. Any business emails that were related to the unpublished website may be disabled as well.
When their digital marketing services are finished, clients that join up through WordPress or Wix Arena will still have access to their websites. They will be in charge of paying for their website hosting, site upkeep, email renewal, domain renewal, and other expenses.
Clients of Wix Arena retain their paid directory listings; however, because we manually submit some online listings for indexing after the service has ended, some listings may be halted. Once our monthly SEO and digital marketing services for the customer come to an end, we will revoke all administrative access to their website and destroy any login details. For their own site upkeep, optimization, algorithm changes, social media updates, and directory optimization, former clients are accountable.
When does the first month of my monthly marketing service start?
The day you make your first payment is when Mobyink Innovations Pvt Ltd's digital marketing services officially start. After you pay your first fee and we begin working on your web design and digital marketing project, your account becomes active right away. Even while the website won't be finished the day you sign up for internet marketing services, all of the preliminary research and analysis that goes into creating it will begin the day you sign up for digital marketing, search engine optimization, and directory optimization services.
When is my subsequent billing period?
thirty days following the day on which your account becomes active. For instance, your next recurring payment is due on the fourth (4th) of February 2023 if you signed up for digital marketing services on the 4th of January 2023.
Do you provide payment plans for your services in digital marketing?
Although we don't have any payment plans available right now, customers can split their payments across two separate credit cards. The credit card on file will immediately be charged by our billing system. the credit card you used to subscribe to marketing services. Contact our billing department or let your digital marketing consultant know if the customer wants to switch their credit card for payments. Checks and cash are not accepted here.
How can I terminate my monthly service?
Email your request for cancellation in writing to info@Mobyink.com. Requests must be made 14 days before your current monthly plan expires to avoid being charged for the following billing cycle. For instance, if your subscription is set to renew on January 30, 2023, send in your cancellation request by January 15 at the latest. If you want us to send your website's text and photos before we remove them from our server, let us know. To transfer your domain to your account, kindly enter your Godaddy login details.
What happens to my company listings if they are canceled?
Because it is part of the month-to-month package/marketing plan, some company listings produced by Mobyink Innovations Pvt Ltd, such as Google, Yahoo, and Bing, may become dormant if the previous client's website is deactivated. Existing business listings, Google maps, Bing, and Yahoo that were previously linked to the old client's website will remain operational. (This is only relevant to clients who developed their websites and created their listings before signing up for Mobyink Innovations Pvt Ltd's digital marketing services). Customers who joined up through the WordPress or Wix referral program listings will continue to be active when their Mobyink Innovations Pvt Ltd digital marketing services expire.
Domain Ownership Status:
The custom domain belongs to our clients (s). After the client's digital marketing services are over, we will stop having access to their domain and transfer the domain's URL from our server to their Godaddy account so they may continue using it elsewhere. The following are not the responsibility of Mobyink Innovations Pvt Ltd: domain transfer fees, domain renewals, privacy renewals, site security renewals, email renewals, hosting, social media marketing, Google updates, directory optimization, email marketing, reputation monitoring, business reviews, blogs, image copyrighting, e-commerce shopping carts, gift card apps, content updates, Google indexing, Google Analytics, Bing, Yahoo, mobile website updates, mobile website maintenance, and site videos. When our services have ended, the business owner is in charge of renewing, hosting, and maintaining their domains.
Client recognizes, understands, and consents to the following: "Upon written request of either Mobyink Innovations Pvt Ltd or Client, any controversy or claim between or among the parties hereto, including but not limited to those arising out of or relating to web design, digital marketing, or any related agreements or instruments executed in connection with web design and digital marketing, including any claim based on or arising from an alleged tort, shall be determined by binding a court of competent jurisdiction. In the case of a conflict, the Special Rules shall take precedence. Any court with jurisdiction may issue a judgment based on an arbitration award.
It is the responsibility of the party making the arbitration request to begin the arbitration process following and in compliance with the Commercial Arbitration Rules of the American Arbitration Association and to pay all related filing and administrative costs.
The client is responsible for covering their arbitration attorney expenses, filing fees, administration fees, or any other legal fees spent during the arbitration process, whether they start it themselves or engage an arbitration counsel.
The client knows, recognizes, and accepts that since they brought about the arbitration, they will also be liable for paying Mobyink Innovations Pvt Ltd's arbitration attorney costs, legal expenses, filing fees, administration fees, or any other legal fees incurred during the arbitration process.
(terms and conditions mentioned in the I/0 and Service Agreement)