The following terms and conditions govern all use of the profitbysearch.com website and all content, services, and products available at or through the website (collectively, the “Service”). The Service is owned and operated by ONS Interactive Solutions, a partnership company incorporated in New Delhi, India, and having its principal place of business at 165, NSEZ Noida, 201305 India (hereinafter referred to as “ONSIS,” which expression shall mean and include its heirs, successors, and permitted assigns).
The person or entity placing an order for or accessing the Service is hereinafter referred to as the “Customer.”
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to any Service through any online provisioning, registration, or order process or (b) the effective date of the first Service Order Form, as applicable, referencing this Agreement. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.
These Terms of Services (the “Agreement”) are entered into by ONSIS & Customer on the Effective Date.
In consideration of the terms and conditions set forth below, the parties agree as follows. If you do not agree to all the terms and conditions of this agreement, you must not access or use any of our services. If these terms and conditions are considered an offer by ONSIS, acceptance is expressly limited to these terms. Availing of this service signifies your agreement with this Terms of Service, and no physical signature is required.
- Acceptance of Terms
- Services Provided
- Changes to Terms
- Privacy Policy
- User Responsibilities
- Intellectual Property
- Payment and Billing
- Termination
- Limitation of Liability
- Refund Policy
- General Representation and Warranty
- Indemnification
- Legal Issues & Jurisdiction
- Contact Information
By using our Services, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Profit By Search offers a range of digital marketing services, including but not limited to:
– Search Engine Optimization (SEO)
– Pay-Per-Click (PPC) Advertising
– Social Media Marketing
– Content Marketing
– Email Marketing
– Website Design and Development
– Analytics and Reporting
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
Your use of our Services is also governed by our Privacy Policy, which can be found here. Please review our Privacy Policy to understand our practices regarding your personal information.
You agree to use our Services in compliance with all applicable laws and regulations. You are responsible for all content you post or transmit through our Services. You must not:
– Use our Services for any unlawful purpose
– Infringe on the intellectual property rights of others
– Post or transmit any harmful or offensive content
– Interfere with the operation of our Services
All content, trademarks, and other intellectual property related to our Services are owned by ONSIS or our licensors. You may not use, reproduce, or distribute any content without our prior written permission.
You agree to pay all fees and charges associated with your use of our Services. All payments are due in accordance with the terms set forth in your contract with us. We reserve the right to suspend or terminate your access to our Services if you fail to make timely payments.
ONSIS may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Agreement or service (if you have one), you may simply discontinue using the Service or email us for cancellation. ONSIS can terminate the Service immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
To the fullest extent permitted by law, ONSIS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
– Your use of or inability to use our Services
– Any unauthorized access to or use of our servers and/or any personal information stored therein
– Any interruption or cessation of transmission to or from our Services
– Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party
– Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services
ONSIS offers services through both recurring subscriptions and manual invoicing. All payments made for any service are non-refundable, regardless of whether the service is part of a recurring subscription or billed through manual invoices.
You represent and warrant that (i) your use of the Service will be in strict accordance with the ONSIS Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless ONSIS, its contractors, and its licensors, and their respective directors, officers, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim arising from the service or content of the website, by either you or a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
This Agreement, and any disputes arising out of or related hereto, shall be governed by the laws of the State of New Delhi, India, or the jurisdiction where the Customer resides, without regard to its conflict of laws rules. The parties agree that this contract is not a contract for the sale of goods; therefore, this Agreement shall not be governed by codification of Article 2 or 2A of the Uniform Commercial Code, or any references to the Uniform Computer Information Transactions Act or the United Nations Convention on the International Sale of Goods. The district and high courts located in New Delhi, India, or the jurisdiction where the Customer resides, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Non-payment shall result in acceleration of the minimum value of this agreement being payable in full. You acknowledge that in the event of such acceleration, the minimum value of this agreement shall be due and payable as minimum liquidated damages because such balance will bear a reasonable proportion to ONSIS’s minimum probable loss from your non-payment, the amount of ONSIS’s actual loss being incapable to calculate. Client agrees to pay all costs and expenses, including but not limited to, attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.
If you have any questions about these Terms, please contact us at:
ONS Interactive Solutions
165, NSEZ Noida, 201305 India
sales@profitbysearch.com