Last Updated: 11, Aug 2024

These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Bhagwa Enterprise (“Company,” “we,” “us,” or “our”). By engaging with our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

1. Introduction

Bhagwa Enterprise is a full-service digital agency offering a wide range of services, including but not limited to digital marketing, web development, cybersecurity, and graphic design. These Terms apply to all services provided by the Company and are subject to any specific agreements or contracts entered into by the client (“Client,” “you,” or “your”) and the Company.

2. Services

2.1 Digital Marketing

Our digital marketing services include but are not limited to social media management, search engine optimization (SEO), content marketing, email marketing, and pay-per-click (PPC) advertising. We will work with you to create and implement customized marketing strategies aimed at improving your online presence and achieving your business goals.

2.2 Web Development

Our web development services include the design, development, and maintenance of websites. This may also include e-commerce solutions, mobile app development, and other digital platforms. We ensure that all websites are optimized for performance, security, and user experience.

2.3 Cybersecurity

Our cybersecurity services are designed to protect your business from digital threats. Services may include vulnerability assessments, penetration testing, data encryption, firewall setup, and ongoing security monitoring. We take the necessary steps to secure your digital assets and ensure compliance with relevant laws and regulations.

2.4 Graphic Design

We offer graphic design services for a variety of needs, including branding, logo design, marketing materials, and digital content creation. Our team will work closely with you to develop visually appealing and effective designs that align with your brand identity.

3. Client Responsibilities

3.1 Provision of Information

Clients are required to provide accurate, complete, and timely information necessary for the successful delivery of services. Any delays or issues arising from the failure to provide such information may affect the project timeline and deliverables.

3.2 Approvals and Feedback

Clients are expected to review and provide feedback on deliverables promptly. Delayed approvals or feedback may result in project delays. We will not be responsible for any missed deadlines due to client delays.

3.3 Compliance with Laws

Clients must ensure that their use of our services complies with all applicable laws and regulations. The Company reserves the right to terminate services if illegal activities are detected.

4. Payment Terms

4.1 Pricing and Quotes

All prices are provided in advance based on the scope of work agreed upon. Quotes are valid for 30 days unless otherwise stated. Any additional work beyond the initial scope will be billed at our standard hourly rate or as per an agreed rate.

4.2 Payment Schedule

Payments are typically structured as follows:

• 50% deposit required before work begins.
• 25% midway payment upon the completion of a predefined milestone.
• 25% final payment upon project completion and before the final delivery of the product.

4.3 Late Payments

Invoices are due within 30 days of issuance unless otherwise agreed upon. Late payments may result in a 5% late fee per month of the outstanding balance. Continued non-payment may lead to suspension of services.

4.4 Refunds

Refunds are generally not provided once work has commenced. In exceptional cases, a partial refund may be considered at the Company’s discretion, based on the proportion of work completed.

5. Confidentiality and Data Protection

5.1 Confidentiality

Both parties agree to keep all confidential information disclosed during the course of the project private and not to disclose it to any third party without prior written consent.

5.2 Data Protection

We comply with all applicable data protection laws, including GDPR. Any personal data collected during the course of our services will be handled in accordance with our Privacy Policy.

6. Intellectual Property

6.1 Ownership of Deliverables

All intellectual property created by Bhagwa Enterprise during the project remains the property of Bhagwa Enterprise until full payment has been received. Once payment is made in full, ownership of the deliverables is transferred to the client, subject to any third-party rights.

6.2 License to Use

Upon full payment, the client is granted a non-exclusive, royalty-free license to use the deliverables for their intended purpose. This license does not extend to any underlying tools, frameworks, or third-party content used in the creation of the deliverables.

6.3 Third-Party Materials

If the project includes the use of third-party materials (e.g., stock images, licensed software), the client is responsible for ensuring compliance with the relevant licensing agreements.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed with reasonable skill and care. However, we do not guarantee that our services will be error-free, uninterrupted, or meet all client expectations.

7.2 Disclaimer of Warranties

Except as expressly provided in these Terms, Bhagwa Enterprise disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

8.1 Indirect Damages

In no event shall Bhagwa Enterprise be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunities, arising from the use of our services.

8.2 Total Liability

The total liability of Bhagwa Enterprise for any claim arising out of or in connection with these Terms shall not exceed the total amount paid by the client for the services in question.

9. Termination

9.1 Client-Initiated Termination

Clients may terminate the agreement at any time by providing at least 14 days’ written notice. Upon termination, the client will be invoiced for any work completed up to the termination date.

9.2 Company-Initiated Termination

Bhagwa Enterprise reserves the right to terminate services with immediate effect if the client breaches any of these Terms, engages in illegal activities, or fails to make payment as agreed.

9.3 Effect of Termination

Upon termination, all licenses granted to the client shall immediately cease, and the client shall return or destroy all confidential information and materials belonging to Bhagwa Enterprise.

10. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to, acts of God, war, terrorism, natural disasters, and pandemics.

11. Dispute Resolution

11.1 Negotiation

In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith negotiations.

11.2 Arbitration

If the dispute cannot be resolved through negotiation, it shall be settled by binding arbitration in accordance with the rules of the [Arbitration Institution/Association] in [Location]. The decision of the arbitrator shall be final and binding on both parties.

12. Governing Law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Your Jurisdiction].

13. Amendments

Bhagwa Enterprise reserves the right to amend these Terms at any time. Clients will be notified of any significant changes. Continued use of our services after such changes constitutes acceptance of the new Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with any agreements or contracts entered into by the parties, constitute the entire agreement between the client and Bhagwa Enterprise and supersede all prior agreements, understandings, or representations.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.