Terms & Conditions – July 08, 2024

Introduction

Welcome to XONIK Digital! These Terms & Conditions (“Terms”) govern your use of our website, located at https://xonikdigital.com (the “Site”), and our services (“Services”). By accessing or using our Site and Services, you agree to comply with and be bound by these Terms. Please read them carefully.

Use of the Site

1. Eligibility: To be eligible to use our Site and Services, you must be at least 18 years old. By accessing our Site, you confirm that you meet this age requirement. If you are using the Site on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these Terms.
2. Account Registration: To access certain features of our Site, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update this information as needed to ensure it remains accurate, current, and complete.
3. Account Security: You are responsible for keeping your account credentials confidential and for all activities that take place under your account. You agree to notify us immediately if you become aware of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to safeguard your account information.

Services

1. Service Descriptions: We provide digital marketing services including but not limited to SEO, content marketing, social media management, and web design. Detailed descriptions of our Services can be found on our Site. We strive to provide accurate descriptions, but we do not warrant that the descriptions are complete, reliable, current, or error-free.
2. Service Agreements: Specific Terms & Conditions related to our Services will be outlined in separate agreements or contracts. These agreements will take precedence over these general Terms in case of any conflict. In the event of any inconsistency between these Terms and any service agreement, the service agreement will govern.

Payment

1. Fees: Fees for our Services are outlined on our Site or in separate agreements. All fees are in USD and are non-refundable unless otherwise stated. We reserve the right to change our fees at any time, but any changes will not affect fees for Services that have already been paid.
2. Payment Terms: Payments are due according to the terms specified in the relevant service agreement. Late payments may incur interest charges as specified in the agreement. You agree to provide up-to-date, complete, and accurate billing and contact information.
3. Taxes: You are responsible for any taxes, including sales, use, value-added, GST, or other taxes, associated with your purchase of Services, excluding taxes on our net income.

Intellectual Property

1. Ownership: All content, features, and functionality on the Site, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of XONIK Digital or its licensors and are protected by intellectual property laws, including those related to copyright, trademark, patent, and trade secrets.
2. License: We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal and commercial purposes in accordance with these Terms. This license does not permit any resale or commercial use of the Site or its contents, any collection and use of product listings, descriptions, or prices, any derivative use of the Site or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

User Conduct

1. Prohibited Activities: You agree not to engage in any activity that interferes with or disrupts the Site or Services, or that violates any applicable laws. Prohibited activities include, but are not limited to, hacking, spamming, and distributing malware.
2. User Content: If you submit any content to our Site, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content in connection with the operation of our business. You represent and warrant that you have the right to submit the content and that the content does not violate any third-party rights or applicable laws.

Disclaimers and Limitations of Liability

1. Disclaimer: The Site and Services are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Site or Services will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Services will be free of viruses or other harmful components.
2. Limitation of Liability:To the fullest extent permitted by law, XONIK Digital will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or Services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising from or related to the Site or Services shall not exceed the amounts paid by you to us in the last (03) months immediately preceding the claim.

Indemnification

You agree to indemnify and hold harmless XONIK Digital, its affiliates, and their respective directors, officers, employees, and agents from any claims, liabilities, damages, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site or Services, your violation of these Terms, or your violation of any rights of another.

Termination

We reserve the right to terminate or suspend your account and access to the Site and Services at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason. Upon termination, your right to use the Site and Services will end immediately. All provisions of these Terms that should naturally survive termination will remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which XONIK Digital is headquartered, without regard to its conflict of law principles. Any disputes arising under these Terms shall fall under the exclusive jurisdiction of the courts in that location.

Changes to These Terms

We may revise these Terms periodically. We will inform you of any changes by posting the updated Terms on our Site and updating the “Effective Date” at the top of the document. Your continued use of the Site and Services after such changes have been posted constitutes your acceptance of the new Terms. You are responsible for periodically reviewing these Terms for any updates or changes.

Contact Us

If you have any questions or concerns about these Terms, please contact us at info@xonikdigital.com or through our contact form on the Site. We will make every effort to respond to your inquiries promptly and to address your concerns to your satisfaction.

Note: We value open communication and constructive feedback from our clients. However, we kindly request that any concerns or issues regarding our services be addressed directly with us through our designated support channels. Posting defamatory or false negative reviews on social media platforms can not only harm our reputation but also result in potential legal complications for the poster. We reserve the right to pursue legal action in cases of defamation or false statements that adversely impact our business. By choosing to work with us, you agree to resolve disputes privately and professionally, ensuring a fair and respectful process for all parties involved.

By using our Site and Services, you confirm that you have read, understood, and agree to abide by these Terms & Conditions.