Welcome to GoodMonks Solutions. These Terms & Conditions govern your use of our website and the services we provide. By accessing our website or engaging with our services, you agree to be bound by these terms. If you do not agree to these terms, please do not use our website or services.
About Our Services
GoodMonks Solutions (“Company,” “we,” “us,” “our”) provides web design, WordPress development, website optimization, and related digital services. We design and develop custom solutions tailored to your specific requirements, as discussed and agreed upon during our engagement.
Our services are provided on a project basis. The scope of work, deliverables, timeline, and pricing are outlined in individual project proposals or service agreements, which form part of the contract between you (“Client,” “you”) and GoodMonks Solutions.
Engagement and Project Scope
- Proposals: All proposals are non-binding estimates unless explicitly accepted in writing by both parties. We reserve the right to modify estimates if project scope changes.
- Scope of Work: Our services are limited to the scope defined in the project proposal or service agreement. Work outside the agreed scope may incur additional fees.
- Timeline: Estimated project timelines are provided in good faith. We are not liable for delays caused by client feedback delays, content provision delays, third-party dependencies, or unforeseen circumstances.
- Client Responsibilities: You agree to provide timely feedback, necessary materials, content, credentials, and approvals. Delays in providing these may extend project timelines.
Payment Terms
- Invoicing: We invoice according to the payment schedule outlined in your service agreement. Standard terms are Net 15 unless otherwise agreed.
- Payment Methods: We accept payments via bank transfer, credit card, and other agreed methods as listed in invoices.
- Late Payment: Payments not received by the due date may incur a late fee of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend services and work on your project until outstanding invoices are paid.
- Non-Refundable Services: Design concepts, development hours, strategy work, and custom development are non-refundable. If you terminate the project, you are responsible for payment for work completed to date.
- Currency: All fees are stated in the currency specified in your invoice. Clients outside India are responsible for any currency conversion fees or bank charges.
Intellectual Property and Ownership
- Custom Work: Upon receipt of final payment, intellectual property rights for custom design, code, and development created specifically for you transfer to you. This includes website design, custom plugins, and code developed exclusively for your project.
- Our Pre-Existing IP: We retain ownership of our frameworks, methodologies, processes, templates, libraries, and pre-existing code or components. You receive a license to use these components within your website or application.
- Third-Party Components: Third-party libraries, plugins, themes, icons, fonts, and tools used in your project are subject to their respective licenses. We are not responsible for their use or compliance.
- Content: You retain ownership of all content (text, images, videos, documents) you provide. You grant us a license to use your content to deliver the services and store it on your behalf.
- Feedback and Suggestions: Any feedback, suggestions, or ideas you provide may be used by GoodMonks Solutions to improve our services without obligation or compensation to you.
Confidentiality
- Confidential Information: Both parties agree to keep confidential information confidential, including project details, pricing, business information, and proprietary processes.
- Permitted Disclosures: We may disclose necessary information to our team members, contractors, hosting providers, and third-party service providers as required to deliver services. We may also reference your project in our portfolio or case studies with your permission.
- Public Information: This obligation does not apply to information that is publicly available or becomes public through no fault of either party.
Warranties and Disclaimers
- Service Delivery: We warrant that services will be performed in a professional and workmanlike manner according to industry standards.
- Third-Party Services: We are not responsible for third-party services, hosting providers, domain registrars, payment gateways, or external integrations. We provide reasonable guidance on setup and configuration.
- Website Performance: While we optimize for performance, we do not guarantee specific loading speeds, uptime, search engine rankings, or traffic numbers. Performance depends on many factors outside our control, including hosting, user internet speed, and search engine algorithms.
- No Warranty of Results: We do not guarantee specific business results, revenue, conversions, or leads. Website success depends on many factors including marketing, content quality, user experience, and market conditions.
- Disclaimer of Liability: Except as expressly stated, services are provided on an “as-is” basis without warranties of any kind, express or implied.
Limitation of Liability
- Limitation: To the maximum extent permitted by law, GoodMonks Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
- Liability Cap: Our total liability for any claim arising out of or related to this agreement shall not exceed the total fees paid by you for services in the twelve (12) months immediately preceding the claim.
- Data Loss: You are responsible for backing up all data, content, and website files. We are not liable for data loss unless directly caused by our negligence.
Website and Service Maintenance
- Support Scope: Support and maintenance are limited to services specified in your service agreement or support plan. General website support typically includes security patches, minor updates, and issue resolution.
- Hosting and Domains: You are responsible for hosting, domain registration, and domain renewals unless explicitly included in our agreement. We recommend registering domains in your name for security and ownership.
- Third-Party Plugins and Themes: We provide reasonable support for issues with third-party plugins and themes, but support is limited to configuration and troubleshooting. Major updates or rewrites may require additional fees.
- Emergency Support: Emergency support outside regular business hours may be available at additional cost.
Changes and Modifications
- Project Changes: Changes to project scope should be requested in writing. We will provide a revised estimate for scope changes. Continued work assumes acceptance of the revised terms.
- Website Updates: If you choose to make changes to your website independently or through a third party, GoodMonks Solutions is not responsible for compatibility issues, breakages, or security vulnerabilities resulting from such changes.
Termination
- Project Termination: Either party may terminate a project with written notice. You are responsible for payment of all work completed to the termination date.
- Ongoing Services: Ongoing support or maintenance agreements may be terminated by either party with 30 days’ written notice. Termination does not refund prepaid fees.
- Deliverables Upon Termination: Upon project termination and receipt of final payment, we will provide deliverables in their current state. We are not obligated to complete unfinished work unless additional fees are agreed upon.
Security and Data Protection
- Website Security: We implement reasonable security measures to protect your website and data. However, no online system is completely secure. You are responsible for implementing additional security measures as needed.
- Backups: While we may implement backup solutions, you are ultimately responsible for maintaining backups of critical data and content. Regular backups are strongly recommended.
- Data Processing: Personal data is processed in accordance with our Privacy Policy and applicable data protection laws.
Limitation Period
Any claim arising out of or related to these Terms & Conditions must be brought within one (1) year of the event giving rise to the claim. After this period, all claims are barred.
Acceptable Use
You agree not to use our website or services for any unlawful or prohibited purposes, including but not limited to:
- Illegal activities or violating any applicable laws or regulations
- Distributing malware, viruses, or harmful code
- Harassing, threatening, or defaming others
- Infringing on intellectual property rights or privacy
- Phishing, fraud, or deceptive practices
- Spamming or unsolicited communications
- Reverse engineering or attempting to gain unauthorized access
We reserve the right to refuse service or terminate the relationship if you engage in prohibited activities.
Indemnification
You agree to indemnify, defend, and hold harmless GoodMonks Solutions, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of our services or website
- Violation of these Terms & Conditions
- Infringement of third-party rights by content you provide
- Any unlawful activities conducted through your website
Third-Party Links and Content
Our website may contain links to third-party websites, resources, and services. We do not endorse or assume responsibility for third-party content, services, or policies. Your use of third-party websites is governed by their terms and privacy policies.
General Provisions
- Entire Agreement: These Terms & Conditions, along with any service agreement or proposal, constitute the entire agreement between you and GoodMonks Solutions.
- Amendment: We may update these terms at any time. Continued use of our services indicates acceptance of updated terms.
- Governing Law: These terms are governed by and construed in accordance with the laws of India, and you submit to the exclusive jurisdiction of Indian courts.
- Severability: If any provision is found invalid, that provision will be removed and the remaining terms will continue in full effect.
- Assignment: You may not assign these terms without our written consent. We may assign or transfer our rights and obligations.
- Waiver: Failure to enforce any right does not constitute a waiver of that right.
- Contact: For questions about these Terms & Conditions, contact us at hello [at] goodmonks.com or visit https://goodmonks.com/contact