Terms and Conditions
In these general terms and conditions, the following definitions apply: • Client: the natural or legal person who has commissioned Digibizonn to perform work; • Activities; all work commissioned or performed by Digibizonn for any other reason. • Humble: all items made available to Digibizonn by the client, including documents or data carriers, as well as all items manufactured by Digibizonn in the context of the execution of the order. • Agreement: any agreement between the client and Digibizonn for the performance of work by Digibizonn for the client, in accordance with the provisions of the order confirmation.
• These terms and conditions apply to all agreements entered into by Digibizonn within the framework of the performance of the work. These conditions can only be deviated from if this has been agreed upon in writing between the parties. • The general terms and conditions of the client only have effect for the agreements entered into with Digibizonn insofar as they do not conflict with the present terms and conditions. • If one or more of the provisions of these Terms and Conditions or any other agreement with Digibizonn should conflict with any applicable legal provision, this shall not affect the applicability of the other provisions of these Terms and Conditions.
3. Commencement and duration of the agreement
• The agreement is only concluded and commences at the moment that the client appears to agree with the work as described in the order confirmation. • The agreement is entered into for an indefinite period of time unless it follows from the nature or tenor of the assignment granted that it has been entered into for a definite period of time. • If an order has been entered into for a definite period of time, the client owes the entire amount stated on the order confirmation when entering into the agreement, even if Digibizonn invoices this amount in parts. • Assignments for a definite period cannot be canceled prematurely. • The Client expressly agrees that Digibizonn communicates electronically.
4. Client details
• The Client is obliged to submit all data and documents that Digibizonn deems necessary for the performance of its assignment in a timely manner. • If the necessary data and documents are not available to Digibizonn, it is entitled to suspend its performance. • If the client so requests, the documents made available will be returned and/or destroyed, subject to the provisions under the right of suspension.
5. Execution of the order
• Digibizonn determines the manner in which the assigned order is executed. Digibizonn will, if possible, take into account timely and responsible instructions from the client regarding the execution of the assignment.
6. Search engine marketing
• The Client grants Digibizonn an exclusive authority to conduct marketing campaigns on the internet for the duration of the agreement. • The Client grants Digibizonn a power of attorney to perform all actions that Digibizonn deems necessary when setting up and managing the search engine marketing campaigns. • Digibizonn will make every effort to achieve an optimal result but does not commit itself to achieve any concrete result. All communications from Digibizonn regarding the possible results are indicative. The Client cannot derive any rights from these communications. • If the costs charged by the search engines related to the search engine marketing campaigns are paid directly by the client, Digibizonn cannot be held responsible for the consequences of payment arrears and balance deficits of the client. • The Client must observe the general terms and conditions, specific regulations, and editorial guidelines that are imposed on advertisers by the agreed search engines. Digibizonn is not responsible for the consequences of the violation of these regulations on the part of the client.
7. Secrecy and exclusivity
• Digibizonn is obliged to observe secrecy towards third parties who are not involved in the execution of the assignment. This confidentiality concerns all information of a confidential nature made available to him by the client and the results. This obligation does not apply insofar as Digibizonn has a legal obligation to disclose or insofar as the client has released Digibizonn from its duty of confidentiality. • Digibizonn is entitled to use the numerical results obtained after processing, if anonymized, for statistical, comparative, or marketing purposes. • Except for the provisions of the previous paragraph, Digibizonn is not entitled to use the information made available to it by the client for a purpose other than that for which it was obtained.
• All prices are in INR and exclusive of turnover tax (GST) and other levies imposed by the government unless otherwise agreed. • Digibizonn reserves the right to apply an inflation adjustment once a year.
• Payment of the amount invoiced to the client must be made within 10 days of the invoice date, unless otherwise agreed, in Indian currency, by means of payment to a bank account to be designated by the latter and insofar as the payment relates to work, without any right to discount or set-off. • In the event of an assignment given jointly, the clients are jointly and severally liable for payment of the invoice amount, insofar as the work has been performed for the benefit of the joint clients.
• Digibizonn reserves the right, without stating reasons, not to implement a signed agreement, for example, if it has reasonable doubts or information that the client will not be able to meet its (financial) obligations. If Digibizonn refuses, it will inform the client of this within 7 (seven) days after the agreement has been formed. • Termination of an agreement takes place by registered mail or confirmed e-mail and with due observance of a notice period of 2 (two) months, towards the end of the agreed or extended term of the agreement, and the provisions under fee first paragraph, apply. In the event of cancellation by e-mail, Digibizonn must confirm this.
11.Right of Suspension
• Digibizonn is authorized to suspend the fulfillment of all its obligations, including the delivery of documents or other matters to the client or third parties until all due and payable claims against the client have been paid in full. • The provisions of the first paragraph do not apply with regard to goods or documents of the client that have not yet been processed by Digibizonn.
• All agreements between the client and Digibizonn to which these general terms and conditions apply are subject to Indian law. • All disputes related to agreements between the client and Digibizonn will be settled by the competent court.