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Terms and Conditions

Terms and Conditions of Using and Hiring Media Search Group

Media Search Group is the leading SEO agency and an ideal choice for all those looking for a strategic partner to fulfill their search engine and digital marketing needs. When a user of this website uses any service, product, package, or feature (referred to as the materials) available through this website or at Media Search Group as an entity, it will be governed by the following Terms of Use:

Terms of Use:

This website is created by Media Search Group and can be used for informational purposes only. When using this site and/or downloading materials from this site, you are required to adhere to the terms and conditions mentioned below. If you do not agree to accept and abide by our terms and conditions, please do not use this website or download any materials on this website.

Media Search Group has full rights of this website, including all downloadable materials on this website and excluding any third-party downloadable materials. This website is copyrighted and protected by internationally recognized copyright laws and treaty provisions. When using this website, you agree to comply with all the copyrighted laws worldwide and agree to prevent and not making the unauthorized copy of the materials.

Media Search Group does not provide any explicit or implicit authorization under any patents, copyrights, trademarks, or trade secret information. If, by mistake, any content posted on this website belongs to you or any known party, please contact us and we will eliminate this immediately. The company has a wide network of customers, vendors, suppliers, governments, and others. For the sake of convenience and simplicity, terms like joint venture, partners, business partners, and partnership may have been used on the website and marketing materials to indicate business relationships with common interests and activities and those terms do not represent legal relationships.

Limited License

Based on the terms and conditions mentioned on this page, Media Search Group provides a non-exclusive, non-transferable, limited right to access and display this site and its materials. When you are using this site, it is considered that you agree to not interrupt or try to hamper the operation of this site in any manner.

Third Party Content

The website makes third-party information available such as news, articles, reports, case studies, and tools for purposes like calculation, company information, and other data called Third-Party Content. When using Media Search Group website, you acknowledge that the Third Party Content and associated products and services are not developed or endorsed by Media Search Group. The Third Party Content is used only for the purpose of general information and does not infer any recommendation or solicitation. Besides, the Third Party Content is not meant to provide tax, legal, or investment advice. The user of the site i.e. you, admit that the Third Party Content offered to the user is taken from sources that are deemed to be reliable but no guarantees are made by the website or the providers of the Third Party Content about its accuracy, timeliness, and completeness. You accept to not hold the website, any business providing products and/or services through the website or any provider of the Third Party Content liable for any investment decision or other transaction that you may make depending on or use of such data, or any liability that may arise because of the delays or interruptions in the delivery of the Third Party Content for any cause.

While using Third Party Content or references =, you may be redirected to an external website managed by an entity other than Media Search Group. In case you visit such website, you do so at your own risk and you are the one responsible for taking all protective measures to protect you and your system against malicious attacks such as virus, worm, malware, or any other destructive elements. Media Search Group does not provide any warranty, nor does it represent or endorse any linked website or the information that appear thereon or any products and/or services mentioned and described thereon. None of the links imply that Media Search Group or this website, sponsors, endorses, represents, is affiliated, is associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol showed in or available through the links or that any linked site is authorized to make use of any trademark, trade name, logo, or copyright symbol of Media Search Group, or any of its subsidiaries or affiliates.

No Warranties

Media Search Group website, the information and materials available on this website, and any software available through this website are offered “as-is” without making any representation or warranties, express, or implication of any type but not restricted to warranties of merchantability, non-infringement, or fitness for any reason. Plus, there is also no guarantee of any type, express or implied, regarding third party content. Plus, we do not provide any warranty that this site is free from viruses and other harmful elements. The exclusion of implied warranties is not allowed by some jurisdictions, and thence the above exclusions may not be applicable to you.

Limitation of Damages

Media Search Group and/or any of its subsidiaries or affiliates are not liable to any entity for any kind of direct, indirect, special, consequential, or other damages, (including, without restrictions, any lost profits, business disruption, loss of information or programs or other data on your information management system) that are associated to the use of or inability to use the content, materials, and functions of the website or any linked website even if Media Search Group is informed of the probability of such harm and damages.

Disclaimer

This website may contain faultiness, as well as typographical and clerical errors, and Media Search Group clearly and explicitly disclaims any obligation to update this site or any of the information or materials on this site. Media Search Group does not promise the accuracy or comprehensiveness of the materials or the reliability of any advice, opinion, statement, or any other information displayed or distributed via this site. When using this site, you recognize that any reliance any opinion, advice, information, statement, or memorandum thereof, will be at your own risk. Media Search Group reserves the right, in its sole discretion, to rectify any mistakes, errors, or omissions in any part of the site. The company may make changes to the site, materials on this site, and its products, programs, packages, services, and prices (if any) mentioned on the site at any time without any notice.

Indemnity

You acknowledge and accept to indemnify and hold harmless Media Search Group, as well as its subsidiaries and affiliates from any claim, cost, expense, judgment, or other loss to your use of this website, including without limitation of the foregoing, any action that you take, which is in violation to the terms and conditions of these Terms of Use.

Changes

Media Search Group reserves and holds the right, at its sole discretion, to modify, add, and/or remove any part of these Terms of Use in their entirety or in part at any time. Changes, addition, and/or removal in these Terms of Use will be effective when notice of such change is published or posted. Your continual use of this website after implementing any changes to these Terms of Use that are posted will be considered as an acceptance of those changes. Media Search Group may terminate, change, suspend, or discontinue any part or aspect of this site, including the availability of any features on the site at any time. Media Search Group may also impose limitations on specific features and services or limit your access to some parts or the entire website without any notice or liability. The company may end the authorization, rights, and license mentioned above; and upon such termination, you are liable and responsible for destroying all materials on and/or associated with this site.

International Users and Choices of Law

Media Search Group manages, controls, operates, and administers this website from its offices in India. The company does not represent the materials on this website and is not hold responsible that those materials are appropriate or available for use at locations outside India. Access to its materials from territories where the content in those materials is illegal is prohibited. You are prohibited from using this site or export materials on it in violation of any applicable export laws and regulations. If you access and use this site from a location outside India, you are hold responsible for complying with all local and federal laws. The laws of India shall govern these Terms of Use, without imparting any effect to its conflict of law’s provisions. You acknowledge and agree that the court of India shall have exclusive jurisdiction to resolve all the disputes that arise due to these Terms of Use and you provide your approval to personal jurisdiction in such forum.

All of the Terms of Use on this website forms the entire agreement between Media Search Group and you, regarding the use of this website. Any grievance, cause of action, or legal claim that you may have regarding your use of this website must be initiated within one (1) year after the claim or cause of action arises. If due to any reason a competent jurisdiction’s court finds any provision or portion of these Terms of Use to be unbinding, that provision shall be enforced to the maximum extent possible and allowable so as the intent of these Terms of Use is achieved, and the remaining Terms of Use shall continue in full force and effect. Media Search Group may revise the Terms and Conditions of Terms of Use or their portion thereof at any time by updating this post. Since you are bound to abide by these Terms of Use, you are responsible to visit this page periodically by clicking Disclaimer/copyright hyperlink at the end of Media Search Group website web pages to learn about the updated and current Terms and Conditions.

By visiting this website and reading emails from Media Search Group IT Service’s email id, you acknowledge and accept the terms listed on this page, in addition to the terms and conditions discussed agreed with you individually according to the choice or discretion of Media Search Group IT Service.

When you agree to work with Media Search Group, you also agree to abide by the following:

  • The Cheque/Money Order/Wire Transfer/ PayPal Payments / and Payments from other platforms will be payable to Media Search Group, Noida. We will be glad to work with you and on your project once you accept our proposal, agree to deliver required information, and pay applicable professional fees.
  • Media Search Group will not be liable to the Client or any Third Party , in any case, for any damages, such as lost profits, business interruption, lost savings, and other personal, consequential, incidental, or special damages caused by the operation of or inability to operate the presentation application.
  • If in any event collection is necessary, the client is liable to pay all legal or third-party involvement fees incurred during the process and late payment penalty, with compounded interest of 1.5% per month on the amount due.
  • All applicable actual taxes will be imposed as per applicable regulations.
  • In this context, employee shall remain current employee or persons employed before the referenced project. During the project execution and the period when services are performed by Media Search Group hereunder and for twenty four (24) months thereafter:
    1. Media Search Group acknowledges and agrees not to urge or induce any Employee of Client to terminate their employment with the Client or to hire any Employee of Client without any prior written approval of Client.
    2. The Client of Media Search Group recognizes that and agrees to not urge or induce any Employee of Media Search Group to terminate their employment with Media Search Group or to hire any Employee of Media Search Group without any prior written approval from Media Search Group.
  • This Agreement, any Work Statement, and any rights or licenses are not granted hereunder to be assigned, delegated, or subcontracted by any party without the written approval of the other party, except that:
    1. A party may assign and transfer its Agreement, Work Statement, and its rights and obligations under these terms to any third party which substantially owns all of its business and assets or assign and transfer any rights to receive payments hereunder and
    2. Media Search Group may assign its obligations hereunder to any wholly-owned subsidiaries of Media Search Group or third parties, given that Media Search Group remains basically liable to the Client hereunder, with respect to acts and omissions of such parties employed or engaged by Media Search Group. However, Client cannot assign or transfer this Agreement to a direct competitor of Media Search Group.
  • To Media Search Group, Client offers an unconditional guarantee that all text elements, graphics, photos, designs, trademarks, source code, or other artwork provided for including in web pages are owned by Client or that Client has permission from the rightful owner to use such elements and holds harmless, protects, and defends Media Search Group from any claim or suit thereof, arising from the use of these elements provided by the Client.
  • Media Search Group holds the copyrights or ownership to the source code/design of all the files created/developed/designed by Media Search Group during the course of project execution. The rights and ownership of source code and design of all kinds of files will be handed over to the client only after the final payment.
  • This contract came into existence in Noida, UP; hence, any dispute will be resolved or arbitrated in Noida, UP, regardless of the place of the venue.
  • This agreement present in this Proposal makes the sole agreement between Media Search Group and Client and its owners.
  • Any additional work that is not included in the Proposal will be considered and estimated separately or will require amendment to the shared Proposal.
  • All the images, videos, and text/content are to be provided by the client. If the client doesn’t provide such materials, then the client grants Media Search Group the right to use the images and similar materials from the Internet. Media Search Group tries its best to use the Royalty-free images; however, after the delivery is complete, the client is responsible to check and agree to the work provided. In case the client finds or feels that an image or any other material doesn’t belong to them, the client will immediately get back to Media Search Group to make any necessary changes. Once the work is done and delivered, Media Search Group is not held responsible of any copyrights / infringement / performance / trademark / damages / or any legal liability due to any reason. Ideally, providing images and text/other content at the time of contract is in the best interest of the client and the client should ensure the work is done as per their agreement.
  • If the fees payable by Client are tax deductible at source, the Client needs to provide the TDS certificate to Media Search Group while making the due payment. The Professional fees do not include any applicable taxes and other government levies. The Client needs to pay such taxes and/or levies in retrospective/non-retrospective effect.
  • If Client terminates the project during the course of website development, the initial advance will not be refunded by Media Search Group and/or its subsidiaries and affiliates.
  • In case of legal proceeding, the amount paid will not surpass the amount charged from the client.

Website Development Project

Client is responsible to provide Media Search Group with clear guidelines during the briefing of the project along with the desired flow, specific details the client wants or needs. If no details are provided by client, then Media Search Group will proceed with its understanding of Client’s requirements and provide quotation accordingly. If a discrepancy emerges at a later stage, it may lead to additional costs to compensate for the changes needed. Thus, Media Search Group strongly recommends Clients to provide clear guidelines and clarify every aspect of website development in detail so that Media Search Group provides the most precise quotation.

Once the proposal is made final, any additions, changes, or enhancements required in the functionality or design of the website or project at a later stage will affect the proposal and may incur an additional cost, as well as a revised delivery date. All additional work required and done over and above the quote will be charged separately. In no event or circumstance will Media Search Group be held responsible or liable for any delays caused due to the changes made later in the project.

It is essential to inform or advise of any complexity related to specific deliverables beforehand and should be taken into account when determining the cost of the proposal. Media Search Group operates in good faith and relies on its clients to disclose all the necessary information and their expectations in advance. Media Search Group will not bear any responsibility for any interruption, delay, or discrepancy caused because of unclear requirements or expectations.

Client is required to provide all website-related information, materials, and content within the first two weeks of project initiation. Any delays caused due to the lack of requested information, materials, and content may incur additional charges if it goes beyond unreasonable timeframe.

The client must comprehend that there may be unforeseen circumstances at times which may delay the website development process, particularly when a website needs to be integrated with a third party software. Media Search Group tries its best to complete the project as stipulated in the proposal. As long as the delay caused within reasonable period, Client agrees to not penalize Media Search Group for any genuine delay when every effort is made to complete the project on time.

Media Search Group does not take any responsibility of any third-party software, products, or components used during or in the website development such as payment gateway, SSL certificates, etc. Media Search Group advises you to take regular backups so that Client’s business is not disrupted in any way.

Media Search Group offers packages in coordination with third-parties; hence, any change to the rules and policies of a third-party may also affect the services we provide or the terms and conditions herein.

The proposal does not include domain registration charges unless mentioned otherwise.

Hosting charges are not included in the proposal quotation unless mentioned otherwise. Media Search Group can arrange a suitable hosting solution if needed and a quote for that will be submitted separately and approved by the client.

Once the website is delivered from Media Search Group, you will get 1-month free service which also includes training.

We offer free data entry for 20 to 50 products only for e-commerce websites.

In the event Client chooses to host the website on their own, Media Search Group should be consulted before finalizing hosting type and database because these should meet the compatibility requirements of the technology used for website development. Media Search Group will require complete access with hosting support for testing and application deployment and will not be liable for any delays caused due to the actions of hosting company directly or indirectly.

Media Search Group does not provide access to their testing servers and test websites to any clients and third parties.

Client will get the copyright of the completed web designs, images, pages, code, and source files developed by Developer for their project only after the final payment as per written agreement. Without the agreement, the Developer retains the ownership of all unpaid designs and code.

Dedicated Resource(s)

Dedicated resource(s) allocation along with the necessary functional support staff such as Team Leader or Project Manager is done for the client project only if and when requested (based on the service commissioned).

The developer / designer is assigned on a dedicated basis and hence it is imperative that he/she has tasks and related information from the client all the time to avoid any delays. In case of any delay, the time to complete the project will be increased.

Client is prohibited from engaging in business with current or ex-staff on a personal basis. Not abiding this will lead to legal proceedings for all involved parties. The employment contracts of all Media Search Group employees have confidentiality clauses and non-disclosure agreements.

The resources operate in the Indian office of Media Search Group. The Indian office operates from 9:30AM to 6:30PM (MONDAY - FRIDAY) (Indian’s time zone is GMT +5:30/BST +4:30). All public holidays will be notified in advance and communicated by the manager/team directly; the holidays are generally compensated by working extra hours in the evenings, at weekends, or as the time schedule agreed with the client.

A man-month would be defined as 160 hours of work per month. When a developer(s) is allocated for project on a dedicated basis, they are allocated 40 hours per week i.e. 160 hours per month. This time includes everything right from design, programming, testing, communication with the Client, and time spent awaiting feedback requested by the developer(s) to the client.

Both parties, i.e., the client and Media Search Group, agree to disclose the information including ‘confidential information’ only to a minimum number of employees who need to possess the information disclosed to them only on a ‘need-to-know’ basis. Both parties ensure that the obligations to use and disclose the information are observed by all of the employees involved with a project.

Any party may terminate the services/contract/agreement only by providing notice beforehand. Notice period for small to medium sized project is 1 month and for large project is 3 months. For ongoing time and materials projects, with dedicated resources working on a weekly or monthly basis, we require a notice period of a minimum of one (1) week for any changes or cancellation from client. Media Search Group holds the right to define the “type” of any project it undertakes. And the time-required by third-party services is considered separately.

During the course of a project, the client is responsible to provide all the relevant information which includes but is not limited to images, videos, previous code, etc… so that the project is technically feasible and viable. In the absence of any required information, Media Search Group will use freeware or shareware materials as seem suitable.

In case a client insists on using particular “copyrighted materials”, Media Search Group will not be held responsible and will assume that the client has taken care of all the legal and copyright implications of using the same. Once the final payment is received or the website goes “live”, it is considered that the client has given the green signal to use the above-mentioned material at his/her own risks and consequences.

After completing the final payment, the client will own the specific instances of all code that Media Search Group produces for that client but not own the algorithms, techniques, methods, or trade secrets that Media Search Group uses to produce the code. Media Search Group owns all the algorithms, techniques, methods, or trade secrets it uses during website development and design.

If the client is unable to provide the required information, materials, or feedback timely when requested (within 24 hours), Media Search Group can reschedule the team/resource to other projects while it is waiting. Any delay during re-allocating resources off the project during wait time will be taken from the allocated project time.

If the client does not provide materials, information, decisions, and/or approvals requested by Media Search Group within 30 days of its request, Media Search Group will deem the work to be completed and all payments due.

For existing sites – the work done on an existing site is considered on an unseen basis. Media Search Group cannot predict code integrity due to the complex nature of existing sites (sites that are finished or part finished by a third-party). We undertake such work on the understanding that we will research and develop the existing code; however, we do not guarantee that the previous work is a suitable framework for us to work with.

All development work is done “off-site” in a sandbox environment offered by us. However, on some occasions, the development may be requested to be done on live servers (for example, time constraints, upon client request, licensing reasons, etc.). This is done at your own risk and Media Search Group does not take responsibility for any impact this may have to either the live site or your ability to work. We strongly advise the use of a Sandbox server.

Payments deposited for work done are non-refundable even when the work is cancelled before completion.

If the total man-hours logged by a resource are more than 15% of the hours defined above, then Media Search Group reserves the right to charge the client for additional man-hours.

Hosting Service

Hosting fee is an annual charge that a client needs to pay in advance for the entire year.

It is the client’s responsibility to renew hosting plan in time i.e. before plan expiration. Failing to do so can lead to loss of files, data, emails, backup, and more. All unpaid hostings are either deleted or disabled from the server.

All renewals must be done within seven days before the hosting plan’s expiry date. Media Search Group will not be responsible for any issues associated with delay in hosting payment.

Hosting on shared, as well as non-shared servers is hosted through third-party service providers. Media Search Group tries its best to ensure that its systems and servers remain protected from hackers, viruses, intruders, and other online & offline issues. However, we will not be held liable if there is a disruption of services if such an attack or situation arises.

Only the client is responsible for the content stored and served by the hosting service bought, as well as the activity related to scripts or email services created under the hosting service. The client is responsible to maintain security of all account passwords and applications or scripts and ensure that all scripts used under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted on the server, or external systems of visitors who view the hosted content.

In case of a malware attack, Media Search Group reserves the right to delete files on the hosting service without sharing any advance notice.

Cancellation/Termination

  • Requests for hosting cancellation must be sent in writing or by email one month before the expiry date thereof. Once the renewal is done, it cannot be cancelled and must be paid in full for whole year.
  • In case hosting is not paid and renewed before expiry date, we reserve the right to disable the hosting and all related services such as emails and DNS records. Additional costs will be applicable to re-enable the hosting and Client needs to pay for it. Media Search Group will not be held responsible for any loss of data, files, email, restoration, backups, etc.
  • Once a hosting is canceled or disabled, then all files, emails, databases, and backups can be wiped off from the server without notifying the client.
  • Once all invoices are paid, client is responsible to request for the files subject to the below:

Emails

  • All emails need to be downloaded on the client’s computer periodically. Email boxes should remain within their quota limits. Periodical maintenance may be needed on the email box, and emails older than 6 months are deleted.
  • Client must not use the email hosting for content that is not appropriate and other undesirable emails as it can result in spamming or server infection. In such situations, Media Search Group will take immediate actions and the infected files and data will be deleted without any prior notice.
  • Media Search Group provides packages in coordination with third-party service providers, such as hosting. Any change made to the third party provider’s rules and policies can also affect the terms and conditions of services offered by Media Search Group.
  • Hosing is done on non-shared and shared servers hosted through third-party providers. Media Search Group tries its best to ensure that its systems and servers are protected from viruses, malware, intruders, and hackers, as well as other online and offline issues; however, will not be held liable if disruption in services is caused due to the same in case such situation arises.

Domains

  • Client needs to pay the charges of all domain registrations and renewals in advance. An expired domain can result in disrupted service and/or even loss of domain.
  • Media Search Group will not be held liable if a domain expires due to delayed payment or non-payment of the domain charges. All payments must be completed within seven (7) days before the domain expiry date.
  • Client is responsible to renew their domain with Media Search Group.
  • All invoices and dues need to be paid in full before Media Search Group releases the requested domain name.
  • Media Search Group has domains in a common pool account and therefore, cannot provide access to its domain control panel.
  • Media Search Group provides packages in coordination with third party providers, and therefore any changes made to the third-party providers’ rules and policies can have an effect on the services we offer or terms and conditions thereof.

Maintenance Plan

  • Every maintenance plan is offered for a minimum of a period of three months.
  • Maintenances packages will be billed quarterly and their fee must be paid or credited on the first day of billed quarter.
  • Maintenance packages are designed to manage minor website maintenance tasks only. These do not include large projects or updates.
  • These packages include one support request per month of up to 20-man hour. Unused man-hours are not allowed to roll over to the next month. This support time can be used only one time once a month to update the WordPress and Plugin versions.
  • At Media Search Group, we adhere to a fair-use policy. While we don't have a formal procedure for carrying forward unused time or collecting unused man-hours from one month to the next, we recognize that our clients' requirements may vary over time. Therefore, we strive to provide flexibility in good faith, accommodating changes whenever possible.
  • Any extra man-hours used on the project maintenance will be billed separately at $15 per hour.
  • All support requests must be sent to Media Search Group via email at info@mediasearchgroup.com.
  • Urgent tasks are charged separately as they are not included in maintenance plans.
  • The maintenance package is renewed automatically every quarter and invoice will be produced and sent to the client.

Payment Terms

  • Monthly maintenance package can be done only through credit card. For monthly maintenance, Media Search Group does not accept payment in any other forms.
  • The fees of monthly maintenance package will be charged to the client’s credit card on file on the first day of every month.
  • Client will be charged with an administrative fee of $25 for any late payments or declined credit card charges.
  • If client miss more than three payments in a year, it may lead to termination of the package and the client is required to pay the entire remaining amount of the package immediately.
  • No refunds will be made for any fees associated with monthly maintenance package.

Termination

  • In case a client needs to cancel the auto-renewal plan, client needs to inform Media Search Group in writing at least one month before prior to the renewal date.
  • Ongoing term: If client decides to terminate an on-going maintenance package for any reason, then they will need to pay the balance amount of the remaining months.
  • Media Search Group reserves the right to terminate annual maintenance at any time with written notice to the client.

Note: Media Search Group reserves the right to change terms and conditions without any notice.

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