Terms of Use

• All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.

   

• They are billed monthly and are payable by the 1st of every month.
• Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third-party software or marketing expenses are included.
• Big In Marketing employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
• Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

  Support requests need to be sent via email to [email protected]

  Payment terms:

   

• Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.
• An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
• There are absolutely no refunds for any fees related to the digital marketing/strategy package.

  Termination:

   

• All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.
• Big In Marketing reserves the right to terminate at any time with written notice to the Client.

• All prices quoted in USD($) are inclusive of GST unless specified.

   

• All invoices are to be processed as per the schedule via your preferred method of payment.
• There is a surcharge charged for payments made via payment-links. This is charged by Stripe for the credit card payments.
• Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.
• Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
• Big In Marketing reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
  For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

   

• Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month, from the due date.

  Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

   

  Outstanding Invoice:

• An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

   

  Debt Collection:

   

• Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Big In Marketing will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
• Big In Marketing generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

In an event of a dispute, Big In Marketing reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Big In Marketing reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Big In Marketing be liable for any damages arising from misrepresentation or misinformation.

Big In Marketing reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Big In Marketing provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems; however, we will not be held liable for any disruption of services if such situation arises.

Relationship of Big In Marketing with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Big In Marketing, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms and Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Big In Marketing.

Big In Marketing will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

It is the client’s responsibility to renew the hosting in time i.e., before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All websites with unpaid hosting are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. Big In Marketing will not be responsible for issues relating to delayed payment.

Hosting is on shared and non-shared servers hosted via third-party providers. Big In Marketing ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

In case of a malware attack, Big In Marketing reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:

Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. Big In Marketing will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

– Big In Marketing CMS is a proprietary CMS of Big In Marketing. Big In Marketing owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Big In Marketing warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. Big In Marketing CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using Big In Marketing CMS.

– Big In Marketing CMS is a proprietary CMS of Big In Marketing and cannot be transferred to any external host.

Emails:

All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

Big In Marketing offer packages in co-ordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

Hosting is on shared and non-shared servers hosted via third-party providers. Big In Marketing ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can result in service disruption and loss of domain.

Big In Marketing will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

Big In Marketing has the domains in a common pool account and therefore cannot give access to its domain control panel.

Big In Marketing offer packages in co-ordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

All content of this website is a property of Big In Marketing unless otherwise specified. Big In Marketing reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Big In Marketing reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Big In Marketing CMS is a proprietary CMS of Big In Marketing and cannot be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.