Terms & Conditions
1. Introduction
Welcome to Elathi Digital (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our website (the “Site”) and the digital marketing, design, and related services (the “Services”) offered by Elathi Digital, based in Kallakurichi.
By accessing our Site or engaging our Services, you (“Client,” “you,” “your”) agree to be bound by these Terms, along with our Privacy Policy, Pricing information, and Cancellation/Refund Policy, which are incorporated herein by reference. Please read these Terms carefully. If you do not agree to these Terms, please do not use our Site or Services.
2. Services Offered
Elathi Digital provides a range of online-based digital marketing and design services, including but not limited to:
- Website Design and Development
- Social Media Marketing and Management
- Graphic Design
- Email Marketing Campaigns
- Architecture Visualization
- WhatsApp Marketing Campaigns
- Lead Generation Strategy and Implementation
- Viral Marketing Concept Development
- Consulting and Custom Project Services
The specific scope, deliverables, timelines, and fees for Services provided to you will be outlined in a separate proposal, service agreement, or confirmed via email communication, which will supplement these Terms.
3. Client Responsibilities
To enable us to provide our Services effectively, you agree to:
- Provide accurate and complete information about your business and project requirements.
- Provide necessary access to relevant accounts (e.g., social media profiles, website hosting, analytics platforms) as required for service delivery.
- Provide timely feedback, approvals, content, images, logos, and other materials (“Client Content”) necessary for project completion, unless content creation is explicitly part of the agreed Services.
- Ensure that all Client Content provided does not infringe upon the intellectual property rights or other rights of any third party. You grant Elathi Digital a non-exclusive, royalty-free license to use the Client Content solely for the purpose of providing the Services.
- Respond promptly to communications from Elathi Digital. Delays in providing feedback, approvals, or necessary materials may result in project delays and potentially additional costs.
4. Fees, Payments, and Billing
- Fees for our Services are outlined on our Pricing page or detailed in a specific project proposal/agreement.
- Payment terms (e.g., upfront deposit, milestone payments, monthly retainers) will be specified in the proposal or agreement.
- Payments are due as per the agreed schedule. Late payments may incur interest charges or result in a pause in service delivery.
- All prices are listed in Indian Rupees (INR) unless otherwise specified.
- Clients are responsible for any third-party costs incurred as part of the project, unless explicitly included in our service fee (e.g., domain registration, website hosting, stock image licenses, third-party software subscriptions, advertising spend). These costs will typically be billed directly to the client or passed through with a clear indication.
- Please refer to our Cancellation & Refund Policy for details on cancellations and potential refunds.
5. Intellectual Property Rights
- Client Content: You retain all ownership rights to the Client Content you provide to us.
- Deliverables: Upon receipt of full payment for the Services rendered for a specific project, Elathi Digital grants you a perpetual, non-exclusive, worldwide license to use the final deliverables (e.g., the completed website design, final approved graphics, campaign materials) for your business purposes.
- Elathi Digital Property: We retain ownership of all pre-existing materials, methodologies, tools, code, templates, processes, know-how, and generic design elements used in the course of providing the Services (“Elathi Digital Property”). Nothing in these Terms shall be construed as transferring ownership of Elathi Digital Property to you.
- Portfolio Rights: We reserve the right to display and showcase the work completed for you (e.g., website screenshots, logos, campaign summaries) in our portfolio, marketing materials, social media, and case studies, unless otherwise agreed in writing. We will respect any specific confidentiality requests regarding sensitive business information.
6. Confidentiality
Both Elathi Digital and the Client agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement (“Confidential Information”). This includes business strategies, client lists, financial information, technical data, and project details not publicly known. This obligation does not apply to information that is publicly available, already known to the receiving party, independently developed, or required to be disclosed by law.
7. Disclaimer of Warranties
- Our Services are provided on an “as is” and “as available” basis. While we strive to deliver high-quality work and achieve positive results, Elathi Digital makes no express or implied warranties regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We do not guarantee specific outcomes or results from our marketing or design services (e.g., guaranteed sales increase, specific search engine rankings, viral status of a campaign). Marketing success depends on various factors, many outside our direct control.
- We do not warrant that our Site or Services will be uninterrupted, error-free, or completely secure.
8. Limitation of Liability
- To the maximum extent permitted by law, Elathi Digital (including its founder, employees, and contractors) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services or Site.
- Any conduct or content of any third party on the Service.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your transmissions or content.
- In no event shall Elathi Digital’s aggregate liability for all claims relating to the Services exceed the total amount paid by you to Elathi Digital for the specific Services giving rise to the claim in the preceding six (6) months.
9. Termination
- Either party may terminate a service agreement according to the terms outlined in the specific proposal or agreement, or as detailed in our Cancellation & Refund Policy.
- We reserve the right to suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
- Upon termination, your right to use the Services will cease immediately. Provisions of these Terms which by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).
10. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Kallakurichi, Tamil Nadu, or Chennai, Tamil Nadu, India.
11. Amendments to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, typically by posting the updated Terms on our Site. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site or Services after any revisions become effective, you agree to be bound by the revised terms.
12. Contact Information
If you have any questions about these Terms & Conditions, please contact us:
- Email: elathidigital@gmail.com
- WhatsApp: +919513006947 (WhatsApp messages only)
- Address: Kallakurichi, Tamil Nadu, India (Online Based)