Please read these Terms of Service ("Terms") carefully before using the website located at durbardigital.com or engaging Durbar Digital ("Company", "we", "us", or "our") for any services. By accessing our website or entering into a service agreement with us, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using our website or services, you confirm that you are at least 18 years of age, have the legal authority to enter into binding agreements, and agree to these Terms in full. If you do not agree to these Terms, you must not use our website or services.
We reserve the right to update these Terms at any time. Continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.
2. Services
Durbar Digital provides digital services including, but not limited to: website design and development, 3D web experiences, digital marketing, SEO, paid advertising, branding, and business automation solutions.
All services are subject to a separate written agreement (Statement of Work or Service Agreement) between Durbar Digital and the client. These Terms apply in addition to, and do not replace, any such specific agreements.
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable prior notice to affected clients.
3. Payment Terms
Payment terms are defined in the applicable service agreement. General terms include:
- Projects typically require a deposit (50% or as agreed) before work commences, with the remaining balance due upon project completion or as specified in the agreement.
- Invoices are due within 14 days of issuance unless otherwise agreed in writing.
- Late payments may be subject to a late fee of 1.5% per month on the outstanding balance.
- All prices are quoted in the currency specified in the service agreement and are exclusive of applicable taxes unless stated otherwise.
Durbar Digital reserves the right to pause or suspend work on any project where payment obligations are not met.
4. Intellectual Property
Upon receipt of full payment for a project, Durbar Digital assigns all intellectual property rights in the final delivered work product to the client, except where otherwise stated in the service agreement.
The following are explicitly retained by Durbar Digital:
- Pre-existing materials: Any tools, frameworks, libraries, templates, or methodologies developed by Durbar Digital prior to or independently of your project.
- Portfolio rights: Unless you request otherwise in writing, we retain the right to display completed work in our portfolio and marketing materials.
- Website content: All content on durbardigital.com, including text, graphics, logos, and code, remains the exclusive property of Durbar Digital.
5. Client Responsibilities
To enable us to deliver services effectively, you agree to:
- Provide accurate, complete, and timely information and materials as required.
- Review and provide feedback within agreed timelines to avoid project delays.
- Ensure you have the necessary rights and licenses for any content, images, or materials you provide to us for use in your project.
- Not use our services for any unlawful purpose or in violation of any applicable laws and regulations.
6. Limitation of Liability
To the fullest extent permitted by applicable law, Durbar Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of our services or website.
Our total aggregate liability to you for any claims arising out of or related to a service agreement shall not exceed the total fees paid by you to Durbar Digital under that specific agreement in the three months preceding the claim.
7. Confidentiality
Both parties agree to keep confidential any non-public business information, technical data, or trade secrets disclosed during the course of a project. This obligation survives the termination of any service agreement and continues for a period of two (2) years thereafter, unless a separate Non-Disclosure Agreement specifies a different term.
8. Termination
Either party may terminate a service agreement by providing written notice as specified in that agreement. In the event of termination:
- You remain liable for all fees for work completed up to the termination date, plus any non-cancellable expenses incurred.
- Durbar Digital will deliver all completed work product to you upon receipt of outstanding payment.
- We reserve the right to terminate immediately and without notice if you breach any material term of these Terms or a service agreement.
9. Disclaimer of Warranties
Our website and any information provided on it are offered "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
10. Governing Law & Disputes
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of Nepal. Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal.
11. Contact Us
If you have any questions about these Terms of Service, please contact us at:
- Email: durbardigitals@gmail.com
- Location: Kathmandu, Nepal
- Website: www.durbardigital.com