Legal Page
Thank you for choosing to be part of our community at Facenob Platforms Pvt. Ltd, doing business as Facenob Media (“Facenobmedia.com”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice or our practices with regards to your personal information, please contact us at [email protected].
When you visit our website https://www.facenobmedia.com and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue the use of our Sites and our services.
This privacy notice applies to all information collected through our website (such as https://www.facenobmedia.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the “Services“).
Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.
- WHAT INFORMATION DO WE COLLECT?
Information automatically collected
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links). We will inform you about the source of information and the type of information and the type of information we have collected about you within a reasonable period after obtaining the personal data, but at the latest within one month.
- HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time.
Request Feedback. We may use your information to request feedback and to contact you about your use of our Services.
To deliver services to the user. We may use your information to provide you with the requested service.
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations. We may process or share data based on the following legal basis:
- Consent:We may process your data if you have given us specific consent to use your personal information in a specific purpose.
- Legitimate Interests:We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.
- Legal Obligations:We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests:We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers.We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers.We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Third-Party Advertisers.We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
- DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
- HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us to keep your personal information for longer than 2 years.
When we have no on-going legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
- HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.
- DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at [email protected].
- WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
Cookies and similar technologies:
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
- CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
- DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request the removal of unwanted data that you publicly post on the Services. To request the removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
- DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
- HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), by email at [email protected],
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.
I understand that by Signing and Clicking the “Confirm Contract” button, I have read and accepted the terms & conditions stated on this page. The following terms and conditions are applicable for clients that have received an invoice from Facenob Media.
Hereafter, the “person”/”organization”/”Company”/”agency” buying any packages, plans referred in this document as “Services” that includes – Web Design, Search Engine Optimization SEO, Analytics Reports, Monthly Maintenance, WordPress, WooCommerce, E-commerce, Service Call, Landing Page, Hack Removal, Graphic Services including Logo, Brochures, Business Cards, Banners, Posters, E-Design, Presentation, eBrochures, Booklet, Folder, Print, Delivery, Video, ebooks, Editing, Branding, Video Production & Shooting, Photography, Social Media, Social Media Icons, Internet Marketing Training and any other Strategy Formulation, Training, Graphics and any Marketing and Sales Services ( Do we want to add any other service ) something from Facenob Media. or any of the direct / redirect / indirect links to this page, URL’s, or Domains will be referred in this document as “Client”, “you”, “your” and Facenob Media as the “Service Provider”, “we”, “us” “our”.
This agreement is based on any past, present and or future Services provided by the Service Provider to the Client. Since the Services offered by the Service Provider are unique and different from one another, the following terms and conditions apply as per the specific Services purchased and documented in the invoice provided by the Service Provider. Other than the Common Terms & Conditions, additional conditions will apply based on the Client’s purchase of the invoiced Services. The following terms and conditions are service-specific as per the Client’s purchase of the services documented in the invoice.
COMMON TERMS & CONDITIONS FOR OUR SERVICES
- Authorization: The Client is engaging the Service Provider, as an independent contractor for the specific purpose of designing and setting up new accounts for the purchased Services. If need be, the Client hereby authorizes the Service Provider to access their pre-existing accounts allowing “write permission” and authorizes the Agent, Company, Associates and the Account Provider to provide the Service Provider with permission for the Client’s accounts, and any other login, access information or programs which need to be accessed. The client also authorizes the Service Provider to use the login information to access any third-party accounts associated with the purchased Services or site from where the Client would like the Service Provider to access licensed images, copyrighted text and other technical information, configurations, audio, video, media and content useful in designing and developing the purchased Services.
- Links: This agreement contemplates that all links provided by the Client have been verified and approved for use on the Client’s Services. The Service Provider takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to the Client from links that have not been approved for use on the Client’s account and Services.
- Graphics & Audio, Video Media: It is anticipated that the Service Provider will create, capture or receive from the Client all graphics, audio, video media elements necessary to complete the Client’s Services. This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and 3rd party stock photography, audio, video and any media element as listed below:
3.1. Photography, Audio, Photography / Photo, and Video Shooting: For Clients residing in the U.S and Canada, at the request of the Client the Service Provider will visit the Client’s place of business and capture images, video, audio in digital format for inclusion on the Client’s Services. The Service Provider will also be able to scan images, send and receive digital media formats for audio, video and shoot videos at the Client’s request. Due to the differing needs of Clients, the quantity of digital photography, video production, footage, shooting locations and scans and costs incurred will be negotiated. The client agrees to pay for all additional travel, food and stay costs for our team involved in this process.
3.2. 3rd Party Stock Photography, Audio, and Video: Any costs incurred in purchasing 3rd party stock photography must be paid by the Client. The Client takes full responsibility for any 3rd Party Stock Photography, Audio and Video that he provides to the Service Provider by any medium and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from the use of such elements furnished by the Client.
- Text & Files: Text and any other file supplied by the Client shall be provided in popular readable electronic format (i.e. Microsoft Word / .jpg / .gif / .png / .pdf). Submission can be made as: an email attachment; or a CD; or a DVD; or an external USB drive. If the Service Provider is requested to obtain files by other means, then appropriate charges will incur. ( What does the mean of the last sentence )
- Additional Requests: If the Client wants the Service Provider to develop or design any additional material for web or print purposes, the standard rate of Rs.5000/hr will be applicable. The price can be negotiated based on the work required.
- Payment Terms / Workflow: Unless stated in our quotation or invoice, the Client agrees to pay the Service Provider full cost upfront for all / any Services. Upon receiving the full payment, and making sure that the Service Provider has complete access and content from the Client, our designing and development process will commence. When buying our Services online, the Client is required to pay the full amount upfront through our secure Payment gateway. We accept email transfers in the case where the Client is not comfortable buying through Online Payment Gateways. Only in the case where the total amount for the development exceeds Rs.100,000, a minimum deposit of 50% of the total quoted amount is required to commence development. Other means of commencement may be negotiated. The remainder (final payment) of payment is due upon or prior to completion of development. The payment can be made in the form of an online Credit Card Payments, Bank transfers, email transfers. The Service Provider reserves the right to remove all web content, designs, development from the Internet if payment is not made within thirty (30) days after delivery of our completion notification. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, then proper actions may be taken by the Service Provider and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery.
- Monthly Subscription Service Payment: The Client agrees to pay the monthly fees in advance for each month. The monthly Service Provider reserves the right to hold the monthly services if payment is not made within five (7) days after the due date. If a payment delay is anticipated, please contact the Monthly Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, the proper actions may be taken by the Monthly Service Provider and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery.
- Client Amends for Services: The Service Provider prides itself on providing excellent customer service. That is the spirit of our agreement and the spirit of the Service Provider’s business. To that end, we encourage input from the Client during the design process. The Service Provider understands, however, that the Client may request significant changes to Services that have already been rendered to the Client’s specification. To that end, please note that our agreement does not include a provision for significant design, development or production in excess of our agreement. Some examples of significant Service modification at the request of the Client include:
4a. Designing, producing and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, vision change to accommodate a substantial change at the Client’s request.
4b. Recreating or significantly modifying the company logo, graphics, resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps and Google Places at the Client’s request.
4c. Replacing more than 50% of the text, image content to any given page, graphics at the Client’s request.
4d. Creating a new navigational structure or changing the design or links in graphics at the Client’s request.
4e. Significantly reconfiguring the Client’s PPC AD account, Campaigns, Advertisement, Graphic Designs or Web Links.
4f. For Monthly Technical Maintenance: Any content upload, update such as uploading and replacing text, images to any given page at the Client’s request or significantly reconfiguring the Client’s shopping cart with new product upload, shipping or discount calculations if an e-commerce enabled site has been selected by the Client.
4g. Any additional content update on the website other than the one already included in our Virtual Assistance Plan.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be an intricately involved design of each page, graphics or PPC campaigns are encouraged to negotiate an agreement before purchasing our Services.
If significant development is requested by the Client in excess of our agreement, charge(s) will be invoiced accordingly.
5.Copyrights and Trademarks: The Client represents to the Service Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The client agrees that any content used while developing the website is owned by the client and Under no circumstances will the Service Provider be liable for Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. The Service Provider will not be liable for any Copyright Infringements.
- Third Party Modifications: Some Clients may desire to independently edit or update their Services after completion of the design/development as a way to control costs and avoid further expense. The Client agrees that once we complete the development for Client’s Services and the Client or an agent of the Client other than the Service Provider attempts to update Services that were previously rendered by the Service Provider and damages the design or impairs the ability for the Services to display or function properly, then time to repair the will be assessed at the hourly rate of $120. Please note that the aforementioned is applicable for Monthly Maintenance as well.
- Assignment of Development: The Service Provider reserves the right to assign certain subcontractors to this development to ensure the right fit for the job as well as on-time completion. The Service Provider warrants all work completed by subcontractors for this development.
- Additional Expenses: The client agrees to reimburse the Service Provider for any critical Client requested expenses necessary for the completion of the development. Examples would be the purchase of specific fonts; the purchase of specific photography, audio, video; forms; the purchase of specific software; using any third-party plugins; third-party online portals; submittal to specific search engines at the Client’s request.
- Age: Authorized representative of the Client certifies that he or she is at least 19 years of age and legally capable of entering a contract in the Province of British Columbia on behalf of the Client.
- Abuse: The client agrees to work together, deal and behave with the Service Provider in a professional manner. Any kind of repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated. The Service Provider has the right to take strict action, legal steps, abiding the law and resume the development process and any related Services right away offering no refund or guarantees to the Client. The Service Provider has zero-tolerance for Clients abusing our Services.
- Limited Liability: The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. The Client hereby agrees to indemnify and hold harmless the Service Provider from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Service Provider will not publish information over the Internet which may be used by another party to harm another. The Service Provider will also not develop pornographic or illegal software for the Client. The Service Provider reserves the right to determine what is and what is not suitable.
- Indemnification: The Client agrees that it shall defend, indemnify, save and hold the Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Service Provider’s development of the Client’s Services. This includes Liabilities asserted against the Service Provider, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless the Service Provider against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall the Service Provider, its officers, agents or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Service Provider records, programs or services. Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
- Ownership: Copyright to the finished assembled work of Services produced by the Service Provider and graphics shall be vested with the Client upon final payment for the development. This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this development. All materials developed that are intended for publication to the web remain the property of Service Provider until such time as final payment for the development has been tendered by the Client. At this time, all materials become the property of the Client and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached and appropriate penalties will apply.
- Design Credit & Reviews: The client agrees that the Service Provider may put a byline on the bottom of their web site, establishing design and development credit. The client also agrees that the web site, graphics, video, audio and any development created for the Client will be included in the Service Provider’s portfolio and the Client will provide a text review, audio or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail.
- Nondisclosure: The Service Provider, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Service Provider including strategies, vision, information mind maps, training to another party.
- Completion Date & Cancellation: The Service Provider and the Client must work together to complete the development in a timely manner for both parties to remain profitable. Cancellation of the development at the request of the Client must be made within 2 weeks (14 days) of the purchase. In the event that development is postponed or canceled at the request of the Client after 14 days of purchase, the Service Provider shall have the right to retain 50% of the total amount invoiced for the service as a deposit and development expenses. In the event this amount is not sufficient to cover the Service Provider for time and expense already invested in the development, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification to stop development. The final payment will be expected under the same terms as listed in this agreement. The Client agrees that once the Service Provider completes the design and development process, any further work will incur an additional cost that will be estimated and quoted to the Client for further development. Unless the Client is a monthly paid service subscriber with the Service Provider, the Client agrees that the Service Provider has no legal liability to work further on the completed services and any projects.
- Entire Understanding: These terms thereto constitute the sole agreement between the Service Provider and the Client regarding any development provided by the Service Provider for the Client. It becomes effective immediately upon engagement of services from the Service Provider or buying any Services from the Service Provider. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Service Provider. Both parties warrant that they have read and understood the terms set forth in this agreement. This agreement is effective on all the Clients that the Service Providers has rendered Services and where the Client has purchased the Services, and for any Client that has any Services with the design credit or byline in the footer mentioning “powered by” or “website designed by” etc. linked to the Service Provider’s URL’s.
- REVISIONS TO THESE TERMS OF AGREEMENT The Service Provider reserves the right to revise, amend, or modify the Terms of this Agreement and other Terms Of Use, Privacy Policies and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Agreement.
WEB DESIGN TERMS
- Website, Web Design, Web Development / Plans / Packs / Packages – Terms & Conditions: For Client’s purchasing the Website Design Services as contemplated in each of the Web Design Plans mentioned on the respective pages:
6.1 Domain Registration: At the Clients request, the Service Provider may secure a domain name (www.myname.com | .in, etc.) on behalf of the Client. All charges incurred in doing so will be billed to the Client as an additional fee. These are Internet fees and are not a source of income for the Service Provider. Should the Client desire a specific domain name that is already owned by another party then an alternative domain name must be registered. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.
6.2 Standard Hosting Services: At the Clients request, the Service Provider may order an account with a Host Provider on behalf of the Client or the Client may order the account independently. We offer the Client the ability to order this account independently as a way to help the Client control cost. If the Client chooses to have the Service Provider order an account with a Host Provider, the Client agrees to pay all necessary hosting fees before ordering. If however, the Client is not an advanced user of the Internet, the Client is encouraged to use the services of the Service Provider to secure and maintain this account.
6.3. E-mail Assistance: The Service Provider may offer e-mail assistance to Clients who have their World Wide Web site residing on the Service Providers server. This includes a provision to assist the Client with e-mail setup using the maximum number of accounts allowed by the Service Provider. Current e-mail clients supported by the Service Provider include all versions of Microsoft Outlook Express and Outlook for all Microsoft Office products. In some cases where the e-mail setup is not successful, the Client may have to contact their Hosting or Email company for further assistance. For Clients who’s World Wide Web site resides off the Service Providers server, it is urged that the Client contact their Hosting Provider for e-mail assistance.
6.4 Cross-Browser Compatibility: Our agreement contemplates the creation of a website viewable by, Microsoft Internet Explorer 10 and Google Chrome. Compatibility is defined herein as all critical elements of each page being viewable in both browsers. The client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The client is also aware that as new browser versions of Internet Explorer and Chrome are developed, the new browser versions may not be backward compatible. If requested by the Client, time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated.
6.5 Add-Ons: These are additional configurations, features, programming languages that the Client may wish to use for their World Wide Web site. If a large scale development using any and or all of these add-ons is necessary, the price can be negotiated for CGI / PHP / Macromedia Flash / DHTML / Real Audio/Video / QuickTime / QuickTime VR / Microsoft Media / Java Applets / JavaScript / MySQL Databases, E-commerce/Merchant Account/Secure Certificate. The Service Provider recommends the use of your banks’ e-commerce services. If information is required, the Service Provider will be pleased to offer assistance in obtaining further information. The Client understands and agrees that any cost and charges incurred directly or indirectly related to the Client’s E-commerce website portal, fees, penalty or sales are not covered by the Service Provider. From the day the website is completed by the Service Provider; the Service Provider makes absolutely no liability for Client’s eCommerce customer complaints and any transaction, function, configuration, third-party plugin, open-source CMS, application failures. The Service Provider is not responsible for maintaining the Client’s website unless the Client is a monthly paid service subscriber for technical monthly maintenance packages.
6.6 Search Engine Registration: Upon final payment of development and at the Client’s request, the Service Provider will optimize the Client’s World Wide Web site with appropriate titles, keywords, descriptions, and text and thereafter submit the Client’s World Wide Web to free search engines and directories.
6.7 Website Design Services: The client agrees that the Service Provider may use open source platforms such as WordPress CMS and third-party applications to build website and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications. The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider or any technical reason or by the act-of-god is not the fault of Service Provider and therefore agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.
6.8. SEO Keywords & Pages: The Service Provider does not provide any Warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche. If the Client is looking for a guarantee over the page rank, the Client should get our Search Engine Optimization services.
MONTHLY WEBSITE MAINTENANCE, SEO TERMS
- Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, Woocommerce, Website Maintenance: For Client’s purchasing Monthly Technical Maintenance and Monthly Seo Services – The Client agrees to let the Service Provider update and maintain their website on a monthly basis. The Client understands agrees and authorize the Service Provider to make changes to the programming, HTML, PHP, CSS, JQuery, coding, database, feeds, server settings, configurations, DNS, MX, Seo keywords, locations, XML, plugins, widgets, applications, podcast and security settings, backup, content and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.
- Monthly Website Maintenance Service Assistance: For Client’s purchasing Monthly Technical Maintenance and/or Virtual Assistance Services – The Client understands and agrees that Website Maintenance is performed on a periodic basis depending on the size of the website. Any request by the Client in excess to the maintenance plans will be billed separately and must be submitted via email between 10 AM to 4 PM, Mon – Fri. Any request received after 4 PM will be considered as a request for the next day. The client agrees that to process such requests, the Maintenance Service Provider may take 3 to 5 business days depending on the request queue.
- Monthly Maintenance Guarantee: The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and/or Woocommerce, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on a number of factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by act of God; making the monthly maintenance guarantee ineffective and therefore agrees to hold the Maintenance Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.
- Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan such as the Technical Maintenance Plans, Monthly SEO Plans, Google AdWords Management, Analytics Reporting must be notified sixty (30) days before the cancellation date via email/mail. In the event that updates are postponed or canceled at the request of the Client by email, the monthly Service Provider shall have the right to retain 50% of the original payment as a deposit and maintenance expenses. In the event this amount is not sufficient to cover the Maintenance Service Provider for time and expense already invested in the maintenance, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop monthly updates. The final payment will be expected under the same terms as listed in this agreement.
GOOGLE CONSOLE / WEBMASTER, ANALYTICS, TERMS
- Google Analytics Code Installation: The client agrees that the Service Provider is not responsible for installing the Google Analytics code on the Client’s website. The Service Provider will generate the Google Analytics code and will provide this to the Client via email. Only upon receiving Client’s written request the Service Provider will install the Google Analytics Code on a Client website. Additional fees will be applicable for such installations.
- Web Improvements related to Google Console/Webmaster, Analytics: Even though the Service Provider will make every effort to the best of knowledge and ability to setup Clients account, it is not the responsibility of the Service Provider to improve the website or ad performance. Google Analytics™ or Webmaster Tools™ or Reporting service is a tracking and monitoring service and not web improvement or redesign service. The Service Provider will set up the accounts or will send reports with user data, statistics and advice on how to improve web/ad performance, but if the Client wants the Service Provider to revamp or fix the ad/websites – additional fees will be applicable. The Client agrees and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
- SEO Definitions, Guarantee & Refund:
7.1 SEO Definitions: SEO is also known as Search Engine Optimization or Organic SEO. Definition of Single or multiple keywords related to your website content, service(s) or product(s). We will work with all keywords and/or keyword phrases provided by clients and make every effort possible to bring said keyword and/or keywords phrases to the top of major search engines like Google, Yahoo and/or Bing. However, the client must clearly understand that ‘organic SEO’ programs cannot guarantee ‘specific’ keywords and/or keyword phrases in specific search engines. Instead, our guarantee covers keyword and/or keyword phrase rankings related to a client’s website product and/or services.
Here is an example for a fictitious ‘cat grooming store in Delhi, ON’ whose company name is Cat Love Delhi LLP., and whose domain name is catslove-delhi.com.
A typical scenario of keyword phrases in the first five pages of major search engines would include any of the following:
Cat loves
Cat loves Delhi
Cat loves New Delhi
Cat loves Sarita Vihar Delhi
Cat loves Prit Vihar Delhi
Cat loves in New Dlhi
First page ranking on the company name ie: Cat loves, the domain https://www.catloves.com/ or results returning from a PPC campaign (Adwords, Sponsored Listings) do not constitute a successful first-page ranking return.
7.2 SEO Guarantee: The Client understands and agrees that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third party websites that the Service Provider has no control over and Service Providers Services are only confined to optimizing the Client website with the best possible legit method and keywords. Our guarantee for the first page or the first five-page depends on the amount of competition in your niche, keyword saturation, search engine algorithms, domain age, server response time and many other technical factors. Our aim is a competitive ranking. The proliferation of boilerplate sites in these industries means that the only chance of traffic is comprehensive, professional optimization, as we offer in our SEO Services.
7.3. SEO Commitment: The contract is in force for at least 6 months from the Contract Start Date, with an automatic renewal on the anniversary of the contract start date for subsequent months. After 6 months, your contract will stay in force on a month-to-month basis until you provide notice of cancellation.
7.3. SEO Performance Refunds: In the case where the Client’s web URL is not found on the first 5 pages of Google, Yahoo or Bing, NO REFUNDS will be made before 6 months because a usual organic optimization takes at least 6 months to show results. Indexing and ranking in search engines are subject to server uptime, server settings, DNS settings, website coding and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking. The Service Provider will evaluate the results thoroughly before issuing any refunds. Seo performance refund is subject to the below conditions only: Major Search Engines: We guarantee your website (domain) will be found in at least first five pages of top search engines like Google, Bing or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords, phrases related to your website content, service(s) or product(s)! Your website will be found in the first five pages of at least one of the above major search engines.
- Over-writing and re-installs: It is the client’s responsibility to ensure optimized and/or installed content remains intact. If updating/editing the website from copies on your PC, you will need to download and use optimized files prepared for your assignment. Publishing changes without updating your local files will erase optimized content. Re-installation charges may apply if we are required to re-install over-written optimized content.
- Google – Yahoo – Bing Local (maps): Positioning (ranking) cannot be guaranteed in Google Local (maps), Yahoo local (maps) or Bing Local (maps). The optimization is confined to the Client’s website and keywords, this does not include Google Maps or Google Places.
- Planning and quoting for your project
8.1 We will generate a plan and quote for the production of your project, and this is sent to you as an email. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.
8.2 The plan and quote we provide to you are only valid based on the information you give us is true. Any changes in circumstances or requirements may result in an amended plan and quote.
- Changes and amendments to your project after completion
9.1 We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed five working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.
9.2 Any changes or amendments that affect the original brief may be subject to an additional charge.
9.3 Any changes or amendments that we are notified of after five days of the submission of the watermarked draft may be subject to an additional charge.
- Our right to cancel
10.1 We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.
10.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
- Your right to cancel
11.1 You reserve all rights to terminate the provision of our services at any time.
11.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.
- Late payments
12.1 Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.
12.2 If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 10% over the interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.
12.3 When sending payment by cheque, you must allow for a reasonable time for the cheque to be delivered to our offices and paid into our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.
- Free Online Setup Services
13.1 These free services are only valid during some crisis and are available for select businesses only. It is completely our (Facenob Media) decision to decide which business is eligible for these Free Services.
13.2 These services falls under the Website Design Services category and the terms & conditions for Website Design Services applies automatically for the Free Online Setup Services.
13.3 It does not include charges for Hosting, Domain, Content, Videos or Images needed for a website. Charges for these will be paid by the business itself.
13.4 It includes a very basic website (not more than 5 pages) just to connect businesses with customers.
13.5 We have full rights to cancel these services at any time or phase.
You agree that by using this website, you have read and accepted our Terms Of Use & Privacy Policy.
Terms Of Use
Welcome to our website (www.facenobmdia.com) If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this website’s relationship with you in relation to this website.
The term us or we refers to the owner of the website.
The term you refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Trademarks such as “Analytics” “AdWords” “Webmaster Tool” are owned by Google Inc. Other trademarks include “Yahoo” “Ask” “Bing” belongs to their respective owners. Throughout this website, you may find a logo, screenshots from Google and therefore, we would like to mention that:
© 2019 Google Inc. All rights reserved. Google and the Google Logo have registered trademarks of Google Inc.
© 2019 Google Inc, used with permission. Google and the Google logo are registered trademarks of Google Inc.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
When you upload, submit, store, send or receive content to or through our website/Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our website/services.
Liability for our Services
When permitted by law, we, and all our suppliers, vendors, partners, associates, staff, officers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of us, and our suppliers, vendors, partners, associates, staff, officers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, We, and our suppliers, vendors, partners, associates, staff, officers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Newsletter Subscription / Email Opt-in to List
We use a double opt-in process to add interested website visitors to our email list. We follow this double opt-in process to confirm and then reconfirm by sending you a confirmation email to ensure that you are interested in receiving our newsletters and promotional emails. This is in alignment with the CAN-SPAM Act. All our newsletter and promotional email provide you with the option to unsubscribe. We should not be held liable for any damage arising in connection with the subscription service offered on this website. You will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of our subscription services.
Privacy Policy
We have established this Privacy Policy to explain how it protects and manages the personal information that it collects from you (the customer) online.
Consent for Collection, Use, and Disclosure
Your use of this site and/or your registration for products and services here constitute your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use this website.
Accountability
We collect, at the time of your registration and your sign-on to its web site, certain “personal information” (information that personally identifies you) including but not limited to your name, email address, and information about IP address. We take responsibility for your personal information to ensure compliance with the principles in this Privacy Policy.
Purposes for Collecting Personal Information
We collect and use personal information for the following Identified Purposes:
- To understand customer needs regarding our services.
- To develop and provide our web site and our products and services for our customers.
- To fulfill your requests for products, services or information.
- To communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available.
- To allow customers to access limited-entry areas of our site.
- To personalize some of our services and products for you and to deliver targeted advertisements and offers.
- To protect the services, products or rights of – including but not limited to the security or integrity of our website.
- To identify and resolve technical problems concerning our site, products, and services.
We also use personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.
Limiting the Collection of Personal Information
We limit our collection of personal information to only that information which is necessary for the Identified Purposes. We do not direct our site to, nor does it knowingly collect any personal information from children under the age of thirteen.
When you visit our web site, a cookie may be placed on your computer or the cookie may be read if you have visited our web site previously. We use cookies to allow us to determine which products and services you have already purchased/interested in, so that we do not provide redundant information to you, If you choose to not have your browser accept cookies from our web site, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our website.
Disclosure, Processing, and Retention
We do not sell, rent or disclose your personal information to anyone else.
Security Safeguards
We will use reasonable efforts to protect customers.
Refund and Cancellation Policy
- Full refund will be made if you secede to cancel our services within 24 hours of making the payment.
- If you choose to terminate our services after the initial 24 hours then you will be charged an amount equivalent to the working hours put into the project. The balance will be credited to the account from which you made payment within 45 days of cancellation.
- Cancellation of any service renewal should be done 10 days prior to the start of next billing cycle.
- If cancellations are made after the start of the billing cycle then an amount equivalent to the working hours put into the project during that month will be billable, which the clients will be entitled to pay.
- If you signed up for our services, but did not make use of them then you are still entitled to pay us.
- Amount of refund will be credited in the account from which the payment was made within 45 days of service cancellation.
SEO Refund Policy
Facenob Media will not be liable for refund or guarantee of top search ranking under the following circumstances:
- In case of effect on SEO ranking due to changes in ranking algorithm, policies or functionality of search engines.
- Link building, a part of SEO, is carried out based on the information you provide us. In case the URLs given by you are incorrect, we will not be responsible for any subsequent errors and there will be not be any refunds or money back guarantee.
- FacenobMedia will not be responsible for SEO results if the client engages with any other third party SEO services.
- Number of times and rank of a website appearing on the search list varies and thus an immediate change in the search ranking cannot be guaranteed.
- Any adverse effect on ranking due to changes in website content by the client or third party service provider hired by them.
We make no guarantee that our SEO services will show the client’s website in top ten search rank. However, understand that we work in your best interest and put in our best effort to provide genuinely profitable results. Our aim is to make your life simpler and your business more lucrative.
*Facenob Media reserves the right to change the above refund and cancellation policy at any given point without any prior notice.