Terms of Service
Terms of Service
Welcome to UP IN FIFTY! These Terms of Service govern your use of our website and services. You agree to comply with these terms and conditions by accessing or using our website. Please read these Terms carefully before using our website or engaging with our services.
Acceptance of Terms
By using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, please do not access or use our website or services.
Services
Our website provides information about our real estate web design and digital marketing services. UP IN FIFTY offers a range of services, including website design, hosting, brand strategy and building, digital marketing, audit and analysis, search engine optimization, email marketing, and various website-related services. These services encompass website support, modifications, e-commerce, flash, web-traffic reporting, database development, user-friendly interfaces for website updates, and additional website-related assistance.
As part of our services, we may send communications to the client, such as advertisements, notices, service announcements, and newsletters. The client’s responsible for acquiring access to our Services, which may involve third-party fees, including ISP, merchant accounts, and gateways. The client is also responsible for obtaining the necessary equipment and software to access our Services.
User Conduct
You are responsible for your use of our website and services. When using our website or engaging with our services, you agree to abide by the following rules of conduct:
- You must use our website and services for lawful purposes only and in compliance with all applicable laws and regulations.
- You must not engage in any activity that violates the rights of others or restricts or inhibits their use and enjoyment of our website or services.
- You must not attempt to gain unauthorized access to our website, systems, or networks or interfere with the proper functioning of our website or services.
- You must not transmit any viruses, malware, or other harmful code that may damage or disrupt our website, services, or the data of other users.
- You must not engage in any form of data mining, scraping, or harvesting of information from our website or services without our prior written consent.
Intellectual Property
UP IN FIFTY acknowledges and respects copyright laws and the intellectual property rights of others. In the event of copyright infringement, we reserve the right to terminate services and/or accounts.
We will not utilize copyrighted or trademarked materials on any client’s website without explicit written consent from the respective copyright or trademark owner. It is the client’s responsibility to ensure that all submitted content to us is original and free from third-party copyright or trademark protection. Alternatively, the client must obtain proper permission from the copyright or trademark owner to use their protected materials. The client bears full liability for any infringement of third-party copyright or trademark rights resulting from the use of protected materials on their website, including website content, design, or overall appearance.
Client-generated content remains the intellectual property of the client. We do not return original content unless a written request is made upon submission, and even then, there is no guarantee of content return. We will make reasonable efforts to fulfill requests for content return but bear no liability in case of non-return.
Domain names acquired by UP IN FIFTY and website designs, databases, stores, or programs we created are considered our property until the client has settled all fees, including one full year of monthly hosting. However, in the case of custom websites, when purchased from us in accordance with these Terms of Service, the client owns the design and holds a license for the technology from UP IN FIFTY.
Privacy Policy
Our Privacy Policy explains how we collect, use, and protect your personal information when you use our website or engage with our services. By using our website or services, you consent to collecting and using your information as described in our Privacy Policy.
THIRD-PARTY WEBSITES AND SERVICES
Our website may contain links to third-party websites or services not owned or controlled by us. These links are provided for your convenience and informational purposes only. We are not responsible for these third-party websites’ content, privacy policies, or practices. Your use of such websites or services is at your own risk, and you should review their terms and policies before using them.
ENHANCEMENTS
In the event that the client engages in a Maintenance Agreement with us, the client acknowledges that if they intend to make modifications or enhancements to the Services or website, they will provide us with the opportunity to submit a bid or proposal for carrying out those modifications or enhancements. The client agrees to allow us the first option to present their bid or proposal before considering or seeking alternative bids or proposals from other parties.
TECHNICAL SUPPORT
For any issues related to client email accounts, hosting, or functionality of the Services and/or website following their launch, our technical support department can be contacted at (email address)
If the client utilizes our technical support services, which may include screen share sessions, they acknowledge and comprehend that we do not guarantee that the technical support services will meet their specific requirements or be entirely free of errors.
CUSTOMER SERVICE
At UP IN FIFTY, we are dedicated to providing exceptional customer service. If you have any complaints or concerns regarding our service, please feel free to email us at (email address). We value your feedback and will address your inquiries promptly.
COPYRIGHT PROTECTION
We advise the client to take necessary steps to copyright and safeguard all final art to prevent unauthorized duplication or alteration. We do not assume responsibility for any copyrightable material owned by the client.
USE OF CLIENT INFORMATION AND MARKETING PERMISSIONS
The client acknowledges and agrees that any information or ideas shared with us, regardless of the means of submission, may be utilized by our team without the need for compensation or liability to the client. Such usage may include the development of websites, databases, and e-commerce solutions, as well as creating, producing, and promoting other products. It’s important to note that this provision does not extend to client-generated content or personal information, subject to UP IN FIFTY’s Privacy Policy.
Additionally, the client grants us permission to showcase samples or provide links to the custom website designed by our team for the client. This permission allows us to utilize these materials for marketing and advertising purposes, including their inclusion in our online portfolio.
ENGAGEMENT OF CONTRACT SERVICE PROVIDERS
We may engage Contract Service Providers to handle specific aspects or the entirety of the client’s custom website and/or services. The client acknowledges and agrees not to directly engage in business transactions with the Contract Service Provider or make payments directly to them or any of our employees for their services. All payments for services rendered must be directed exclusively to UP IN FIFTY.
Contract Service Providers are required to enter into employment contracts with UP IN FIFTY and adhere to the company’s policies and procedures. They are only provided with the necessary information to complete the design or development tasks related to the client’s services and/or website. These providers do not have access to the client’s personal information, including payment details.
DISCLAIMER OF WARRANTIES
Our website and services are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, whether express or implied. We make no warranties or guarantees regarding the accuracy, reliability, completeness, suitability, or timeliness of the information provided on our website or through our services.
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that your use of our website and services is at your own risk.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall UP IN FIFTY or its directors, employees, or affiliates be liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages.
We shall not be responsible for any loss or damage to your computer system or data resulting from your use of our website or services. You agree that the limitations of liability outlined in these Terms are fair and reasonable.
INDEMNIFICATION
The client agrees to protect, indemnify, and hold UP IN FIFTY, its directors, officers, employees, and agents harmless from any claims and expenses, including attorneys’ fees, that may arise from the content the client submits, posts, transmits, or makes available through our services. This includes claims arising from any products sold by the client, its agents, employees, or assigns, as well as from any services provided or agreed to be performed by us.
Additionally, the client agrees to indemnify us for any claims resulting from the client’s violation of the Terms of Service or infringement upon the rights of others, whether such rights arise from statutes, common law, contracts, or other sources.
Furthermore, the client agrees to defend, indemnify, and hold harmless UP IN FIFTY, its directors, officers, employees, and agents from any claims and expenses, including attorneys’ fees, arising from contracts, representations, agreements, promises, or similar actions made between the client and third parties. This also includes claims.arising from the client’s negligence towards third parties.
CHANGES TO TERMS OF SERVICE
We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for any updates. By continuing to use our website or services after any modifications, you accept and agree to the updated Terms.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in [City, State], India.
MESSAGING AND MARKETING
By providing your mobile number on our website, you consent to receive marketing and promotional messages from Upinfifty via SMS or other messaging platforms. These messages may include information about our products, services, special offers, and events.
CONTACT US
If you have any questions or concerns about these Terms, please contact us at (+1 346 762 1665) or (support@upinfifty.com).
