Terms of service

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and Digital Foundry ("Digital Foundry", "we", "us", "our"), operating from F-10/3, First Floor, Digital Foundry, Jamia Nagar, Okhla, Near Islah Masjid, Joga Bai Extension, New Delhi, South East Delhi, Delhi – 110025, India (GSTIN 07KRSPK0335M1Z5). By accessing our website, submitting an enquiry, accepting a quotation, or otherwise engaging our services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our website and services.

2.1 Eligibility

Our services are intended for businesses and individuals who are at least 18 years of age and capable of entering into a legally binding contract under Indian law. By engaging our services, you represent that you meet this requirement and that any information you provide is accurate and complete.

2.2 Services Offered

Digital Foundry provides the following core services: E-Commerce Management, Shopify Store Designing, SEO Optimization, Social Media Marketing, and Web Development. Exact deliverables, timelines, and pricing for each engagement are set out in a written quotation, proposal, or service agreement agreed before commencement of work, and that document forms part of these Terms for that engagement.

Some services are delivered as one-time projects (e.g., Shopify store setup/design, Web Development builds), while others are ongoing, retainer-based engagements billed on a recurring cycle (e.g., SEO Optimization, Social Media Marketing, E-Commerce Management). The billing cycle and scope applicable to your engagement will be specified in your agreement.

2.3 Engagement Process

1. You share your requirements with us via email, phone, or our website enquiry form.
2. We issue a written quotation/proposal outlining scope, deliverables, timeline, and pricing.
3. Work begins upon your written confirmation and, where applicable, receipt of the agreed advance payment.
4. We execute the project/engagement as per the agreed scope, sharing progress updates and deliverables for review.
5. Final deliverables are shared for approval/sign-off, or ongoing services continue per the agreed billing cycle until terminated by either party.

2.4 Client Responsibilities

• Provide accurate, complete, and timely information, content, brand assets, and access (e.g., Shopify admin, social media, ad accounts, hosting) required for us to deliver the service.
• Make payments in accordance with the agreed schedule and terms.
• Review and respond to deliverables, approvals, and revision requests within the timelines communicated to avoid project delays.
• Ensure that any content, images, trademarks, or data provided to us for use in the project does not infringe the rights of any third party.
• Maintain the confidentiality of any login credentials shared with us and promptly notify us of any unauthorized access.

2.5 Fees, Payment, and Taxes

Fees for services are payable as per the invoice or agreement issued, typically via bank transfer, UPI, or our online payment gateway. Unless otherwise agreed in writing, project-based engagements require an advance payment before work commences, with the balance payable on agreed milestones or upon completion. Retainer-based engagements are billed in advance for each billing cycle (typically monthly). Applicable taxes, including GST, are charged in addition to quoted fees as per prevailing law and reflected on our invoices. Payments not received by the due date may result in suspension of active work or access to deliverables until dues are cleared, and may attract late fees as specified in the applicable agreement.

2.6 Intellectual Property

All content on this website, including text, graphics, logos, templates, and design, is the property of Digital Foundry unless otherwise stated, and may not be reproduced or reused without our prior written consent. Ownership of client-specific deliverables (e.g., a completed Shopify store, website, or marketing creative) transfers to the client as specified in the applicable service agreement, typically upon full and final payment. Until such payment is received, Digital Foundry retains all rights in the work product. Digital Foundry retains the right to showcase completed work in its portfolio and marketing materials unless the client requests confidentiality in writing.

2.7 Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with the engagement, and to use such information solely for the purpose of the engagement, except where disclosure is required by law.

2.8 Third-Party Platforms and Tools

Delivery of our services may involve third-party platforms such as Shopify, Google (Ads, Analytics, Search Console), Meta (Facebook, Instagram Business), and various apps/plugins. Subscription fees, ad spend, and licensing costs for such platforms are typically borne directly by the client unless explicitly included in our quoted fees. Digital Foundry is not responsible for outages, policy changes, or account actions taken by these third-party platforms, which are governed by their own terms of service.

2.9 Warranties and Disclaimers

We warrant that services will be performed with reasonable skill and care consistent with industry standards. Except as expressly stated in this document or a written service agreement, our services are provided on an "as is" and "as available" basis, and we make no warranty, express or implied, regarding specific business outcomes, rankings, traffic, sales, or revenue (see our Disclaimer for details specific to SEO, Social Media Marketing, and E-Commerce Management).

2.10 Limitation of Liability

To the maximum extent permitted by law, Digital Foundry's total liability arising out of or relating to an engagement shall not exceed the total fees paid by the client for that specific engagement in the three (3) months preceding the event giving rise to the claim. Digital Foundry shall not be liable for any indirect, incidental, special, or consequential loss, including loss of profits, revenue, data, or business opportunity, arising from the use of our website or services, except where such liability cannot be excluded under applicable law.

2.11 Indemnification

You agree to indemnify and hold Digital Foundry harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of our services, or infringement of any third-party right through content or materials you provide to us.

2.12 Termination

Either party may terminate an ongoing service engagement by providing written notice as per the notice period specified in the individual service agreement (typically 15–30 days for retainer-based services). Fees for work completed and costs already incurred (e.g., third-party subscriptions, ad spend) up to the date of termination remain payable. Digital Foundry reserves the right to suspend or terminate services immediately in case of non-payment or breach of these Terms by the client.

2.13 Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, internet or platform outages, government action, or other events of force majeure, provided the affected party makes reasonable efforts to notify the other party and resume performance promptly.

2.14 Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

2.15 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

2.16 Entire Agreement

These Terms, together with the applicable quotation, proposal, or signed service agreement, constitute the entire agreement between the parties with respect to the subject matter herein, superseding any prior discussions or understandings.

2.17 Amendments

Digital Foundry may revise these Terms from time to time. Continued use of our website or services after such changes constitutes acceptance of the revised Terms. Material changes affecting an active engagement will be communicated in writing.

2.18 Notices

All notices under these Terms shall be sent in writing to the email addresses or postal address on record for each party, and shall be deemed delivered upon confirmation of email receipt or, for postal notices, upon acknowledged delivery.

2.19 Contact Us

For questions about these Terms, contact us at digitalfoundaryworks@gmail.com or +91 8527345139, or write to us at F-10/3, First Floor, Digital Foundry, Jamia Nagar, Okhla, Near Islah Masjid, Joga Bai Extension, New Delhi, South East Delhi, Delhi – 110025.