Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," "you," or "your") and Markething, a Private Limited company ("Markething," "we," "us," "our," or "Company").

By accessing or using our website (markething.in), services, or engaging with Markething in any capacity, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

Markething reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of the modified Terms.

2. Use License

Markething grants you a non-exclusive, non-transferable, revocable license to:

Permitted Uses

✓ Access our website for lawful purposes only
✓ View content and materials for personal, non-commercial use
✓ Engage with our services as described in service agreements
✓ Download materials explicitly provided for download

Prohibited Uses

You agree NOT to:

• Reproduce, duplicate, or copy content without permission
• Engage in harassment, threats, or abusive behavior
• Attempt to gain unauthorized access to our systems
• Use automated tools, bots, or scrubbing software
• Violate intellectual property rights
• Engage in illegal activities or fraud
• Transmit viruses, malware, or harmful code
• Interfere with service functionality or security

3. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Our website and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. Markething disclaims all warranties, including but not limited to:

→ Implied warranties of merchantability and fitness for a particular purpose
→ Warranties of authenticity, accuracy, or completeness of content
→ Warranties regarding uninterrupted or error-free service
→ Warranties that defects will be corrected

We do not warrant that our services will meet your specific requirements or that any information will be secure, accurate, or free of errors.

4. Limitations of Liability

Limitation of Damages

IN NO EVENT SHALL MARKETHING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

Maximum Liability

Our total liability to you for any claim arising from these Terms or your use of our services shall not exceed the amount you paid us for services in the 12 months preceding the claim, or $100, whichever is greater.

Assumption of Risk

You assume all risk of loss related to your use of our services. Markething is not responsible for any data loss, inability to access services, or any other issues arising from circumstances beyond our reasonable control.

5. User-Generated Content

Any content you submit to Markething (feedback, ideas, suggestions, messages, etc.) is considered non-proprietary and Markething may use it freely without restriction.

Your Representations

By submitting content, you represent that:

• You own or have rights to the content submitted
• You have permission to share the content publicly
• Content does not violate any third-party rights
• Content complies with all applicable laws
• Content is accurate and not misleading

Markething's Rights

Markething reserves the right to remove, edit, or refuse any content that violates these Terms or applicable laws. We may use your name, likeness, and testimonials in marketing materials with proper attribution.

6. Services Description

Markething provides digital marketing, content creation, social media management, and related services as described in individual service agreements.

Service Standards: While we strive for excellence, results depend on various factors including client cooperation, market conditions, and external factors beyond our control. Markething makes no guarantees regarding specific results or outcomes.

Modifications: Markething reserves the right to modify, update, or discontinue services at any time. We will provide reasonable notice of changes when possible.

Client Responsibilities: Clients are responsible for providing accurate information, timely feedback, necessary approvals, and payment according to agreed terms.

7. Payment Terms

Invoicing & Payment

Invoices: Markething will issue invoices according to service agreements
Payment Due: Payment is due within 30 days of invoice date unless otherwise specified
Late Fees: Overdue invoices may accrue interest at 1.5% per month or maximum allowed by law
Payment Methods: We accept bank transfers, credit cards, and other methods specified in the invoice

Refund Policy

Refunds depend on the nature of services and are handled on a case-by-case basis:

• Services in progress are typically non-refundable
• Completed services are non-refundable unless defective
• Refund requests must be made within 30 days of service completion
• Markething has sole discretion on refund eligibility

Taxes

You are responsible for all applicable taxes on your purchases. If applicable, provide valid tax exemption documentation.

8. Termination of Services

Termination by Client

You may terminate services by providing written notice to Markething. Termination fees and outstanding invoices remain due according to the service agreement.

Termination by Markething

Markething may terminate services immediately if:

• You violate these Terms
• Payment becomes delinquent
• You engage in illegal or unethical behavior
• You breach confidentiality obligations
• Continuing services becomes impossible or illegal

Effects of Termination

Upon termination, all outstanding invoices become immediately due. Markething will return client materials upon receipt of final payment. Access to services and accounts will be revoked.

9. Dispute Resolution

Governing Law

These Terms are governed by the laws of India, without regard to conflicts of law provisions. Both parties consent to jurisdiction in the courts of Kolkata, West Bengal, India.

Dispute Resolution Process

Before pursuing legal action:

1. Contact us with a written description of the dispute
2. Allow 30 days for resolution attempts
3. Escalate to management if initial contact doesn't resolve the issue
4. Pursue legal remedies only after good faith negotiation

Attorneys' Fees

In any legal action, the prevailing party may recover reasonable attorneys' fees and court costs from the non-prevailing party.

10. Contact Us

If you have questions about these Terms of Service, please contact us:

Email

connect@markething.in

Phone

+91 824 065 8298

Address

Kolkata, India

Response Time

We aim to respond to all inquiries within 7-10 business days.

Additional Provisions

Intellectual Property Rights

All content, designs, functionality, and intellectual property on our website and services remain the exclusive property of Markething. You may not reproduce, modify, or distribute without written permission.

Indemnification

You agree to indemnify and hold harmless Markething from any claims, damages, liabilities, and expenses arising from your violation of these Terms, your use of services, or any content you submit.

Third-Party Links

Our website may contain links to third-party websites. Markething is not responsible for the content, accuracy, or practices of external websites. Use third-party services at your own risk.

Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during service provision. This obligation survives termination of services.

Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary, and remaining provisions continue in full effect.

Entire Agreement

These Terms, along with any service agreements, constitute the entire agreement between you and Markething. No other representations or warranties apply.

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