Terms
Conditions

Effective Date: 1st January 2025

1. Services Offered

Hexagon Digital provides a range of digital services including, but not limited to:

• Designing: UI/UX design, graphic design, branding, and brand asset creation.

• Development: Website development, mobile application development (Android & iOS), custom web applications (CRMs, SaaS), and e-commerce platform development.

• Digital Marketing: Search Engine Optimization (SEO), Social Media Marketing (SMM), Email & WhatsApp Marketing, and Performance Marketing.

• AI Services: AI integration, custom AI solutions, data analytics with AI.

Specific project details, deliverables, timelines, and fees will be outlined in a separate Service Agreement, Proposal, or Statement of Work (SOW), which, once signed, will be incorporated into and governed by these Terms.

2. Client Responsibilities

The Client agrees to:

• Provide Timely Information: Furnish all necessary content, images, data, access credentials (e.g., website backend, analytics accounts), and feedback in a timely manner as requested by the Agency to facilitate project progress. Delays caused by the Client may affect project timelines and costs.

• Review and Approval: Promptly review deliverables and provide feedback or approvals within agreed-upon timeframes.

• Content Ownership & Rights: Ensure that all materials provided to Hexagon Digital (including text, images, trademarks, or other intellectual property) are owned by the Client or that the Client has obtained the necessary licenses or permissions for their use. The Client indemnifies Hexagon Digital against any claims arising from the unauthorized use of provided materials.

• Payments: Adhere to the payment schedule outlined in the Service Agreement.

3. Payment Terms

• Fees: All fees for services will be detailed in the Service Agreement.

• Invoicing: Invoices will be issued according to the payment schedule.

• Payment Due Date: Payments are due within [Number, e.g., 7, 15] days of the invoice date, unless otherwise specified.

• Expenses: Any out-of-pocket expenses (e.g., stock photography licenses, third-party software subscriptions, paid advertising spend) incurred by Hexagon Digital on behalf of the Client will be billed separately and require prior Client approval.

4. Project Timelines and Delays

• Estimated Timelines: Project timelines provided are estimates. While Hexagon Digital strives for timely delivery, these can be affected by factors such as Client delays, scope changes, or unforeseen technical issues.

• Client Delays: Significant delays caused by the Client (e.g., delayed content, feedback, or approvals) may result in revised timelines and potentially additional costs.

• Scope Creep: Any requests for work outside the agreed-upon scope of the Service Agreement will be subject to a separate change order, which may impact timelines and incur additional costs.

5. Intellectual Property Rights

• Client Ownership: Upon full and final payment for the services, the Client will own the intellectual property rights to the final deliverables specifically created for the Client under the Service Agreement (e.g., website code, final designs, marketing creatives).

• Agency Rights: Hexagon Digital retains the right to use the completed project and any preliminary designs or concepts for portfolio, marketing, and promotional purposes.

• Tools & Licensing: The Agency retains ownership of its proprietary tools, methodologies, and pre-existing code libraries. Third-party software licenses (e.g., themes, plugins, stock media) purchased by Hexagon Digital on behalf of the Client may be subject to their respective terms of use, and the Client may be required to obtain their own licenses for continued use.

6. Confidentiality

Both parties agree to keep all confidential information, including business strategies, technical data, pricing, and client lists, secret and not to disclose it to any third party without prior written consent, except as required by law.

7. Limitation of Liability

Hexagon Digital will perform services with reasonable care and skill. However, the Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising out of or in connection with the services provided, even if advised of the possibility of such damages. The Agency's total liability to the Client for any claim arising out of or relating to these Terms or the services shall not exceed the total fees paid by the Client to Hexagon Digital for the specific services giving rise to the claim.

8. Termination

• By Mutual Agreement: The Service Agreement may be terminated by mutual written agreement of both parties.

• By Either Party: Either party may terminate the Service Agreement with [Number, e.g., 30] days' written notice if the other party breaches a material term of the agreement and fails to remedy such breach within [Number, e.g., 15] days of receiving written notice.

• Payment Upon Termination: Upon termination, the Client agrees to pay Hexagon Digital for all services rendered and expenses incurred up to the date of termination.

9. Governing Law & Dispute Resolution

These Terms and any Service Agreement shall be governed by and construed in accordance with the laws of India, specifically within the jurisdiction of Mumbai, Maharashtra. Any dispute or claim arising out of or in connection with these Terms or the services shall be resolved through amicable negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Mumbai, Maharashtra, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof.

11. Amendments

Hexagon Digital reserves the right to update or modify these Terms at any time without prior notice. The most current version of the Terms will be posted on our website. Continued use of our services after any such changes constitutes your acceptance of the new Terms.

10. Contact Us

If you have any questions or concerns regarding this Privacy Policy, please contact us at:
Email: hi@hexagn.in

Disclaimer: This Terms and Conditions template is for informational purposes only and does not constitute legal advice. It is highly recommended to consult with a legal professional to customize these terms to your specific business model and ensure compliance with local laws.