Welcome to Write Upright Digital. These Terms and Conditions ("Terms") govern your access to and use of our website https://writeupright.co.in(the "Site") and any services, content, or features we provide (collectively, the "Services"). By accessing the Site or engaging our Services, you agree to these Terms. If you do not agree, please do not use the Site or our Services.
1. About Us
Write Upright Digital is a digital marketing and web development agency offering SEO, AEO, GEO optimisation, performance marketing, branding, social media management, and web and app development services. We are based in India and provide services to clients in India and internationally.
2. Eligibility
By using the Site or engaging our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Site or Services on behalf of an organisation, you confirm that you have the authority to bind that organisation to these Terms.
3. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of, the Site by any third party. You specifically agree not to:
- Use the Site in any way that violates applicable laws or regulations
- Attempt to gain unauthorised access to any part of the Site, its servers, or related systems
- Introduce viruses, malware, or any malicious code
- Use automated scripts, bots, or scrapers to extract data from the Site without our written permission
- Reproduce, duplicate, copy, or resell any part of the Site or Services for commercial purposes without our consent
- Misrepresent your identity or impersonate any person or entity
4. Services and Engagements
Specific Services we provide to clients are governed by a separate written agreement, proposal, statement of work, or scope document ("Service Agreement"), which sets out deliverables, timelines, fees, and other commercial terms. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement will prevail in relation to that engagement.
5. Fees and Payment
Fees for our Services are set out in the applicable Service Agreement, proposal, or invoice. Unless otherwise agreed in writing:
- Payments are due within the timelines specified in the invoice or Service Agreement
- All fees are exclusive of applicable taxes, which are payable by you
- Payments may be processed through third-party payment gateways; you agree to comply with the terms of those providers
- Late payments may attract interest or suspension of Services, as set out in the relevant Service Agreement
- Fees once paid are non-refundable, except where expressly stated or required by law
6. Intellectual Property
All content on the Site, including text, graphics, logos, images, videos, code, design elements, case studies, and trademarks, is the property of Write Upright Digital or our licensors, and is protected by Indian and international intellectual property laws. You may not reproduce, distribute, modify, publicly display, or create derivative works from any content on the Site without our prior written consent.
Ownership of deliverables produced under a Service Agreement (such as designs, copy, code, or campaign assets) is governed by that agreement. Pre-existing tools, frameworks, processes, and know-how used in delivering Services remain our property unless expressly assigned in writing.
7. Client Responsibilities
Where you engage our Services, you agree to:
- Provide accurate, complete, and timely information, materials, and approvals needed for us to perform the Services
- Ensure that any content, brand assets, or materials you provide do not infringe third-party rights
- Comply with applicable laws relating to advertising, marketing, consumer protection, and data privacy in the markets you operate in
- Designate a point of contact authorised to provide instructions and approvals
8. Third-Party Services and Platforms
Our Services may involve the use of third-party platforms such as Google, Meta, hosting providers, analytics tools, payment gateways, and content management systems. We are not responsible for the availability, performance, policies, or actions of these third parties. Your use of those platforms is subject to their own terms and policies.
9. Confidentiality
Both parties agree to keep confidential any non-public information shared during an engagement, including business strategies, client lists, technical information, and commercial terms. Confidential information may only be used to perform obligations under the Service Agreement and these Terms, and must be protected with reasonable care.
10. Disclaimers
The Site and Services are provided on an "as is" and "as available" basis. While we work to deliver high-quality outcomes, we do not guarantee:
- Specific business results, rankings, traffic, conversions, or revenue from marketing or SEO services
- Uninterrupted, error-free, or completely secure operation of the Site
- That third-party platforms (such as search engines or social networks) will perform in any particular way
To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the maximum extent permitted by law, Write Upright Digital, its directors, employees, contractors, and affiliates will not be liable for:
- Any indirect, incidental, consequential, special, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Any damages arising from third-party services, platforms, or actions
Our total aggregate liability under any engagement will not exceed the fees actually paid to us by you for the specific Services giving rise to the claim during the three (3) months preceding the event that caused the liability, unless a different cap is specified in the relevant Service Agreement.
12. Indemnification
You agree to indemnify and hold Write Upright Digital harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or any Service Agreement
- Your violation of any law or third-party right
- Content, materials, or instructions you provide to us
- Your use of the Site or Services
13. Termination
We reserve the right to suspend or terminate your access to the Site or Services at our discretion, with or without notice, if you breach these Terms, fail to make payment when due, or engage in conduct that we reasonably believe is harmful to us or other users. Termination of a Service Agreement is governed by the terms of that agreement. Provisions that by their nature should survive termination (such as intellectual property, confidentiality, indemnification, and limitation of liability) will continue to apply.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to any dispute resolution mechanism set out in a Service Agreement, the courts at our registered place of business in India will have exclusive jurisdiction over any disputes arising from or related to these Terms or your use of the Site.
15. Dispute Resolution
The parties will first attempt to resolve any dispute through good-faith discussions. If a dispute cannot be resolved within thirty (30) days, it may be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually by the parties. The seat of arbitration will be in India, and the proceedings will be conducted in English. The arbitrator's decision will be final and binding.
16. Force Majeure
Neither party will be liable for any failure or delay in performance due to events beyond reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, governmental actions, internet or utility failures, or third-party platform outages. The affected party will notify the other and resume performance as soon as reasonably possible.
17. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms.
18. Severability and Waiver
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of that right or provision.
19. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Write Upright Digital regarding the use of the Site and Services, and supersede all prior understandings or agreements on the same subject.
20. Contact Us
If you have any questions about these Terms, please contact us at:
Write Upright Digital
Email: info@writeupright.co.in
Website: https://writeupright.co.in