Terms and Conditions

Introduction

These terms and conditions (“Terms”) govern the use of services provided by Thinksmiths Software Services Private Limited, a digital marketing and software
services company (“Agency”). By engaging with our services, you agree to comply with these Terms. Please read them carefully.

1. Services Offered

a. Digital Marketing Services: The Agency offers a range of digital marketing and software development services, including but not limited to search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content marketing, email marketing, and analytics.

b. Software Services: The Agency also provides software services such as website development, mobile application development,
software design, and customization.

2. Client Obligations

a. Information & Cooperation: Clients must provide accurate and timely information necessary for the delivery of services. Additionally, clients are expected
to cooperate with the Agency and promptly respond to requests for feedback and approval.
b. Intellectual Property: Clients must ensure they have the right to use any intellectual property provided to the Agency for marketing campaigns or software
development projects.

3. Payment Terms

a. Fees: Clients are responsible for paying all fees associated with the services provided by the Agency. Fees will be outlined in the project proposal or service
agreement.
b. Invoicing or Payment: Invoices will be issued according to the agreed-upon payment schedule. Unless otherwise specified, payment is due within
7 days of theinvoice date.
c. Late Payments: Late payments may incur interest at a rate mentioned under the MSME guidelines.

4. Intellectual Property Rights

a. Ownership: Unless otherwise agreed upon in writing, all intellectual property rights related to the services provided by the Agency, including but not limited to creative materials, software code, and designs, shall remain the property of the Agency.
b. License: Upon full payment of fees, clients are granted a non-exclusive, non transferable license to use the deliverables provided by the Agency for the intended
purpose outlined in the project scope.

5. Confidentiality

a. Confidential Information: Both parties agree to keep any proprietary or sensitive information shared during the course of the engagement confidential.

6. Limitation of Liability

a. Exclusion: The Agency shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the services provided.
b. Maximum Liability: The total liability of the Agency, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the total fees
paid by the client for the services rendered.

7. Termination

a. Termination: Either party may terminate the engagement with 15 days written notice.

8. Governing Law and Dispute Resolution

a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction.
b. Dispute Resolution: Any disputes arising from or related to these Terms shall be resolved through arbitration.

9. Amendments

a. Amendments: The Agency may amend or modify these Terms at any time. Clients will be notified of any changes to these Terms.

10. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral.