Terms and Conditions

Vivacious Management Services Pvt Ltd. (hereinafter referred to as 'DigiSurface') reserves the sole right to change these Terms & Conditions and Privacy Policy at any time. You need to check periodically for any changes made in our Terms. Using this website after we make any alteration to the Terms & Conditions means you agree to accept the changes; we are not responsible whether or not you review them. Do not use this website if you choose not to accept and abide by these Terms & Conditions at any time.

DigiSurface provides services, software and manpower Services (collectively, hereinafter referred to as "SERVICES") subject to any customer's or buyer's (hereafter referred to as "CLIENT") acceptance of and compliance with the Terms and Conditions (hereinafter referred to as "Terms") and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as "SLA") outlined below.

The Terms of the Agreement will commence on the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA.

DigiSurface has the authority to use its identifying mark that might come in the form of Logo, Design, URL or any types of brand identity to all websites produced from here and it will come into force without any consent of its customers or clients.

DigiSurface may provide the Client with one or more services, included but not limited to: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services.

To access DigiSurface Services or DigiSurface Websites, the Client may be asked to provide certain registration details or other information. By accepting these Terms & Conditions, the Client hereby acknowledges that all the information provided by the Client will be correct, current, and complete.

If DigiSurface believes the information that the Client has provided is not correct, current, or complete, DigiSurface has the right to refuse Client access to any DigiSurface Websites or Services or any of its resources, and to terminate or suspend Client's account at any time.

DigiSurface hereby declares that the Company has the sole right to change or remove the website (temporarily or permanently) or any part of it at any time, without notice. DigiSurface shall not be liable to anyone — Client, third-party vendor or user — for any such changes or removal.

DigiSurface is not liable for any losses caused by any software that is created for the Client. Though we take every care to ensure the products are accurate and error-free, the ultimate responsibility remains with the Client to ensure that all products and software are functioning properly before use.

Where sites and applications are developed on servers that are not provided by DigiSurface, the Client will be responsible to provide and/or seek any information, support, additional software and/or co-operation relating to the server required for the application to be developed correctly. For developing large applications, the Client will be responsible for providing a suitable testing environment, identical to the Client's final production environment.

Any application or programming pertaining to a website developed by DigiSurface — the Client is expected to fully test them before making the same generally available for use. DigiSurface will endeavour but is not obliged to correct errors, "bugs" or other issues found in the website developed by us after the site is live, to meet the standards of site's function outlined in the brief.

We will make every effort to ensure that the design of the website and any other work done by us is error free; however, DigiSurface will not accept any responsibility for losses incurred because of malfunction of the website or any part of it. DigiSurface will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full.

Any work done by DigiSurface will remain our property and copyright of DigiSurface, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of DigiSurface.

DigiSurface will not be liable for any copyright infringements that are caused due to materials submitted by the Client.

Any additions to the brief where DigiSurface makes no charge will be done at the sole discretion of DigiSurface and for such additions DigiSurface will not accept any responsibility to ensure that such additions are error free. We reserve the right to charge the Client accordingly for any correction to these additions or for further additions.

DigiSurface will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client.

DigiSurface is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.

DigiSurface owns or has the license to, or is otherwise permitted by law to use, the trade marks, copyright and intellectual property rights of the site and its content including (but not limited to) the website design, graphics, text, source codes and all software connected with the website.

DigiSurface does not warrant that the website's functionality will be error free or uninterrupted, that defects will be rectified, and/or that the website or server making it available are free of any virus or anything else that can be destructive or harmful.

All amounts owed by the Client to DigiSurface for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.

For security and training purposes, all calls — inbound and outbound — made through DigiSurface corporate offices are digitally recorded and the recordings form a part of the verbal contract between DigiSurface and the Client.

Any cancellations done after the cooling-off period by the Client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between DigiSurface and the Client.

The Client agrees to pay DigiSurface the service fee, for any Programme or Service the Client enrols in, pursuant to the terms of the Payment Plan selected, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. The Client expressly understands, acknowledges and hereby authorises DigiSurface to automatically charge the Client's credit card or debit the Client's bank account once a month or one time as per the Programme requirement.

The Client will be charged as soon as they sign up over the phone. DigiSurface also reserves the right to pursue alternative means of payment up to and including debt collection services, and the Client shall be liable for all collection costs, including without limitation, attorneys' fees.

As DigiSurface provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, the Client is responsible for maintaining an active and valid payment method on file at all times.

If payment is not received, DigiSurface reserves the right to terminate the Agreement in full and retain ownership of the website or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring.

Representations and Warranties: The Client represents, warrants and covenants that (i) the Client has sufficient authority to enter into the Agreement; (ii) the Client is a business, not a consumer, and that the Client's use of DigiSurface services is solely for lawful commercial and business purposes; (iii) the Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement.

For questions regarding these Terms and Conditions, please contact us at: