Digital Marketing Services Agreement

1. OVERVIEW

This Digital Marketing Services Agreement (this “Agreement”) is entered into by and between Hiya Digital Private Limited and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of all our Digital Marketing Services (individually referred to as “Service” or “Services”), and represents the entire agreement between you and us concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Hiya Digital Private Limited. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations. If you do not agree to be bound by this Agreement and the Service limitations, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current and up to date. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF SERVICES

We offer a variety of products & services in our Digital Marketing suite of products & services, including Search Engine Optimization, Search Engine Submission, Search Engine Marketing (PPC services) Search Engine Visibility, Social Media Optimization, Social Media Marketing (PPC), etc.. You may purchase these product & services. Your purchase and use of these products & services is subject to both the general terms and conditions and the specific terms and conditions for the products & services as set forth in this Agreement.

3. GENERAL TERMS

No Endorsement. We do not endorse any of the email marketing campaigns initiated using any of the Online Landing Pages (as defined below), descriptions of services contained on the Online Landing Pages, testimonials contained on the Online Landing Pages, or other user created content, and expressly disclaim any and all liability or responsibility regarding the same.

4. SPECIFIC PROVISIONS

Requirements. Any web page you submit (i) must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; (ii) must be publicly accessible without the use of passwords or other access codes; (iii) must not reside on a secure server or use any spider blocking technology; and (iv) must have a page title or description relevant to the page content.

No Intellectual Property Infringement. You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine and web directory partners (individually and collectively) have the right to display and distribute any search listings generated, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

Additional Limitations. We and our search engine and web directory partners reserve the right to refuse or remove any web page from a search engine’s index for any reason. In addition, we explicitly reserve the right to terminate your use of services if it comes to our attention that you are using the Services for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

Additional Disclaimer of Representations and Warranties. In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using digital marketing products & services available on this site. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

5. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

6. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.