Terms & Conditions

01 Agreement to Terms

These Terms & Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("you", "Client", "User") and FM DIGIPOWER PVT. LTD. ("we", "our", "us", "Company"), governing your access to and use of the website fmdigipower.com (the "Site") and all related services, products, content, and features offered by the Company (collectively, the "Services").

By accessing, browsing, or using the Site or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site or our Services.

02 Definitions

• "Company" refers to FM DIGIPOWER PVT. LTD., its officers, directors, employees, and affiliates.
• "Site" refers to the website fmdigipower.com and all subdomains.
• "Services" refers to digital marketing, web development, branding, design, SEO, content creation, and any other services offered by the Company.
• "Client" refers to any individual or entity that engages the Company for Services.
• "Content" refers to text, images, graphics, videos, code, and any other material on the Site.

03 Eligibility

By using our Site and Services, you represent and warrant that:

• You are at least 18 years of age, or the age of legal majority in your jurisdiction.
• You have the legal authority to enter into these Terms, either personally or on behalf of an entity you represent.
• You will comply with all applicable local, national, and international laws and regulations.
• You have not been previously suspended or removed from using our Services.

04 Our Services

FM DIGIPOWER PVT. LTD. provides a range of professional digital services, including but not limited to:

• Website design, development, and maintenance.
• Digital marketing, SEO, and paid advertising campaigns.
• Branding, graphic design, and visual identity development.
• Social media management and content creation.
• Consulting and strategy services.

The scope, deliverables, timelines, and fees for any engagement will be defined in a separate written proposal, statement of work, or service agreement ("SOW"). In the event of any conflict between these Terms and a signed SOW, the SOW shall prevail for that specific engagement.

05 Acceptable Use of the Site

You agree not to:

• Use the Site for any unlawful, fraudulent, or malicious purpose.
• Attempt to gain unauthorized access to any part of the Site, servers, or databases.
• Introduce viruses, malware, or any other harmful code.
• Scrape, harvest, or systematically extract data or content without our prior written consent.
• Copy, reproduce, or redistribute any part of the Site without permission.
• Interfere with or disrupt the Site's operation or any networks connected to it.
• Impersonate the Company or any of its representatives.
• Use the Site to send unsolicited communications or spam.

We reserve the right to restrict or terminate your access to the Site if you violate these rules.

06 Intellectual Property

6.1 Company-Owned Content

All content on the Site — including text, graphics, logos, images, code, and design — is the exclusive property of FM DIGIPOWER PVT. LTD. or its licensors and is protected by Indian and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

6.2 Client Materials

You retain ownership of all content, data, logos, and materials you provide to us ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display them solely for the purpose of delivering the Services.

6.3 Deliverables

Upon full payment for Services, ownership of final deliverables (e.g., websites, designs, content) transfers to the Client, unless otherwise specified in an SOW. The Company retains the right to retain pre-existing tools, frameworks, and know-how used to create the deliverables, and to display the work in its portfolio unless otherwise agreed.

07 Client Obligations

When engaging our Services, you agree to:

• Provide accurate, complete, and timely information and materials required for the project.
• Respond promptly to requests for approvals or feedback.
• Ensure that any content or materials you provide do not infringe on third-party rights.
• Comply with all applicable laws, including advertising and data protection regulations.
• Make payments in accordance with the agreed payment schedule.
• Designate a point of contact for project communication.

Delays caused by the Client may result in adjusted timelines or additional fees, which will be communicated in writing.

08 Payments & Billing

• All fees for Services will be set out in the applicable proposal or SOW.
• Unless otherwise stated, invoices are due within 7 days of issue.
• Payments must be made in the currency specified in the invoice (typically INR or USD).
• Late payments may incur interest at the rate specified in the SOW, or 1.5% per month where not specified.
• Applicable taxes (GST, VAT, etc.) will be added to invoices as required by law.
• We reserve the right to suspend work or Services for overdue accounts.

09 Refund Policy

Due to the custom and time-intensive nature of our Services:

• Retainers and monthly services are non-refundable once the billing cycle has commenced.
• Project-based engagements — deposits are non-refundable once work has begun, unless otherwise agreed in writing.
• Third-party costs (e.g., domain registrations, hosting, ad spend, licenses) are non-refundable.
• If we fail to deliver agreed deliverables without cause, a pro-rata refund may be issued at our discretion.

10 Third-Party Services

Our Services may involve the use of third-party platforms, tools, or services (e.g., hosting providers, analytics tools, advertising platforms, CMSs). We are not responsible for the performance, availability, or terms of any third-party services. Your use of such services may be subject to their own terms and privacy policies.

11 Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the engagement ("Confidential Information"). This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party.
• Was already known to the receiving party prior to disclosure.
• Is independently developed without reference to the Confidential Information.
• Must be disclosed by law or court order (with prompt notice to the disclosing party).

12 Disclaimers & Warranties

The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, FM DIGIPOWER PVT. LTD. disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Any guarantee that the Site will be uninterrupted, error-free, or secure.
• Any guarantee regarding the results or outcomes of marketing campaigns, SEO efforts, or advertising.
• Any guarantee regarding the accuracy or completeness of content on the Site.

13 Limitation of Liability

To the maximum extent permitted by applicable law, FM DIGIPOWER PVT. LTD. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or in connection with your use of the Site or Services.

Our total aggregate liability for any claim arising under these Terms shall not exceed the total amount paid by you to the Company for the Services giving rise to the claim, during the three (3) months preceding the event.

14 Indemnification

You agree to indemnify, defend, and hold harmless FM DIGIPOWER PVT. LTD., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Content or materials you provide to us.
• Your use of the Site or Services in an unlawful or unauthorized manner.

15 Termination

We may suspend or terminate your access to the Site or Services at any time, without prior notice or liability, if:

• You breach these Terms or any applicable SOW.
• We are required to do so by law.
• We discontinue the Site or Services.

Either party may terminate a Services engagement by providing 30 days' written notice, unless otherwise specified in the SOW. Upon termination, you remain liable for any fees accrued up to the termination date.

16 Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in [Your City], India.

17 Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page. Material changes will be communicated via the Site or by email where appropriate.

Your continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

18 Contact Us

For any questions, concerns, or notices regarding these Terms & Conditions, please contact us: