Terms
and Conditions.

Legal Name: SMRC4 Monk IT Solutions Private Limited Registered / Office Address: 24, Sharadha Enclave, Alkar, Janla, Khordha, Odisha, India – 752054 Website: https://smrc4monk.com Email: contact@smrc4monk.com

In these Terms and Conditions, "SMRC4 Monk", "Company", "we", "our", and "us" refer to SMRC4 Monk IT Solutions Private Limited. "You", "your", "client", or "customer" refers to any individual, business, organisation, or entity accessing our website or engaging our services.

SMRC4 Monk provides IT, digital, creative, branding, and marketing solutions to startups, small and medium-sized businesses, enterprises, educational institutions, and other organisations.

Our services may include:

• Brand identity, branding, and visual communication.
• Website design, development, maintenance, and optimisation.
• Mobile application design and development.
• UI/UX design and user experience consulting.
• Digital marketing and online brand promotion.
• Search engine optimisation (SEO).
• Social media marketing and management.
• Performance marketing and paid advertising management.
• Graphic design, video editing, and motion graphics.
• Content creation and creative production.
• AI automation, workflow automation, and technology integration.
• Digital strategy and related IT consulting services.

The availability, scope, deliverables, pricing, and timelines of individual services will be specified in the relevant quotation, proposal, invoice, or service agreement.

We reserve the right to modify or discontinue any service, subject to our existing contractual obligations and applicable law.

You agree to use our website for lawful purposes only.

You must not:

Use our website for fraudulent, unlawful, or misleading activities.

Attempt to gain unauthorised access to our website, servers, databases, or systems.

Upload or distribute malicious software, harmful code, or other security threats.

Copy, reproduce, publish, or commercially exploit our website content without permission.

Interfere with the operation, performance, or security of our website.

Submit false information or misuse our contact forms and communication channels.

Use our website in any manner that infringes the rights of another person or organisation.

We may restrict access to our website where reasonably necessary to protect our systems, business, users, or legal rights.

All quotations and proposals issued by SMRC4 Monk are subject to the conditions specified in the relevant document.

Unless otherwise stated:

Work will begin after the proposal or quotation has been accepted and any required advance payment has been received.

The approved proposal will define the agreed scope, deliverables, estimated timeline, fees, and applicable terms.

Any work requested beyond the agreed scope may require additional charges and an extension of the delivery timeline.

Estimates and delivery dates may be revised if project requirements change or essential information, content, approvals, or access is delayed.

Verbal discussions or informal communications will not override a written agreement unless the revised terms are confirmed in writing by authorised representatives of both parties.

Where a separate signed agreement or approved proposal contains terms that conflict with these general Terms and Conditions, the specific agreement will prevail to the extent of that conflict.

5.1 Fees and Invoicing

Clients agree to pay all fees specified in the accepted quotation, proposal, invoice, or service agreement.

Payments must be made using the payment methods and within the timelines communicated by SMRC4 Monk.

Applicable taxes, including Goods and Services Tax (GST), will be charged as required by law.

5.2 Advance Payments

An advance payment may be required before work begins. The amount and payment schedule will be specified in the relevant proposal or invoice.

For projects involving multiple stages or milestones, payments may be divided according to the agreed project schedule.

5.3 Recurring Services

For recurring services, including digital marketing, SEO, social media management, performance marketing, website maintenance, and ongoing support, fees will be payable according to the agreed billing cycle.

Monthly retainers, minimum commitments, notice periods, and renewal conditions will be governed by the applicable service agreement.

5.4 Third-Party Expenses

Unless expressly included in the agreed quotation, the following expenses are payable separately by the client:

• Domain registration and website hosting.
• Premium themes, plugins, and software licences.
• Third-party APIs and integration charges.
• AI tools and automation platform subscriptions.
• Stock images, fonts, music, and other licensed creative assets.
• Advertising budgets paid to platforms such as Google, Meta, or other advertising providers.
• Third-party maintenance, transaction, or subscription fees.

Any additional third-party expenditure requiring client approval should be communicated before the expense is incurred.

5.5 Late Payments

Clients are expected to pay invoices by the stated due dates.

Where a payment is overdue, SMRC4 Monk may provide written notice and, where contractually permitted, suspend work, pause ongoing services, or postpone the delivery of unpaid deliverables until outstanding amounts are settled.

Any applicable late-payment interest or charges must be specified in the relevant agreement and comply with applicable law.

5.6 Delivery and Handover

Final deliverables, source files, source code, administrative access, or other project assets will be handed over according to the agreed project terms and applicable payment conditions.

Payment obligations already due will not be cancelled merely because a client chooses to discontinue a project.

SMRC4 Monk aims to maintain a transparent and fair approach to cancellations and refunds.

6.1 Project Cancellation by the Client

A client who wishes to cancel a project must communicate the request in writing.

Upon cancellation, the client will be responsible for:

Fees for work completed up to the effective cancellation date.

Approved third-party expenses already incurred.

Non-cancellable commitments made on the client's behalf.

Any other cancellation charges expressly agreed in the relevant proposal or service agreement and permitted by law.

Any advance payment exceeding the amounts properly due will be assessed for refund in accordance with the agreed terms and applicable law.

6.2 Refunds for Digital and Creative Services

Our services may involve substantial professional time, research, planning, design, development, campaign setup, and resource allocation.

Accordingly, payments for work already completed, approved milestones, or services already delivered are generally non-refundable, except where a refund is required under applicable law or expressly agreed in writing.

For work that has not started or has not been completed, any eligible refund will be determined by the applicable agreement, work performed, expenses incurred, and legal requirements.

6.3 Website and Application Development

For website and application projects, refund eligibility will depend on the development stage, completed work, approved milestones, and any third-party costs incurred.

Once development work has commenced, the value of work already performed may be deducted from any amount eligible for refund.

Third-party fees, including domain registration, hosting, paid software, plugins, and API charges, may be non-refundable under the relevant provider's terms.

6.4 Digital Marketing and Advertising

Fees for digital marketing management, SEO, social media management, campaign strategy, and performance marketing cover professional services and are not dependent solely on the number of leads, sales, or conversions generated.

Fees for services already delivered are generally non-refundable.

Advertising expenditure paid to third-party platforms is subject to those platforms' policies. Refunds of unused advertising balances, where applicable, are governed by the relevant advertising provider.

6.5 Recurring Services and Subscription Fees

Clients wishing to discontinue recurring services must follow the notice period and cancellation procedure stated in their service agreement.

Fees for completed billing periods or services already delivered are generally non-refundable, subject to the applicable agreement and law.

Any prepaid amount for future services will be assessed under the agreed cancellation terms.

6.6 Refund Processing

Where a refund is approved, it will generally be processed through the original payment method or another mutually agreed method.

We aim to initiate approved refunds within 7–14 business days, subject to verification and payment provider processing times. If a different timeline is required by the applicable agreement or law, that timeline will apply.

6.7 Exceptions

Nothing in this policy is intended to exclude or restrict any refund, remedy, or consumer right that cannot lawfully be excluded under applicable Indian law.

Clients agree to provide accurate information, required content, brand assets, approvals, and access credentials necessary for the delivery of services.

Clients are responsible for:

Ensuring that supplied text, images, videos, logos, and other materials may lawfully be used.

Reviewing and approving designs, content, websites, campaigns, and other deliverables.

Providing timely feedback and project instructions.

Maintaining the security of their accounts and access credentials.

Obtaining any permissions, licences, or consents required for their business activities.

Ensuring that their products, services, advertisements, and business claims comply with applicable laws.

Delays caused by missing information, delayed approvals, or incomplete client inputs may affect delivery timelines.

The number of revisions included in a project will be specified in the applicable proposal or service agreement.

Revisions are intended to refine the agreed deliverables within the approved scope.

Requests that materially change the approved concept, design, functionality, strategy, content, or project requirements may be treated as additional work and charged separately.

SMRC4 Monk may revise delivery timelines where substantial changes are requested after the project has been approved or work has commenced.

Website and application development services are delivered according to the approved project scope.

Unless expressly included in the agreement:

Hosting, domain registration, premium themes, plugins, and third-party subscriptions are excluded.

Ongoing maintenance, security monitoring, backups, and feature upgrades are not included automatically.

Third-party integrations depend on the availability and functionality of the relevant services.

Major redesigns or new functionality requested after approval may incur additional charges.

We take reasonable steps to develop and test websites and applications. However, we cannot guarantee that software will remain entirely free from errors, vulnerabilities, compatibility issues, or interruptions.

Post-launch support, bug fixes, warranty periods, and maintenance commitments will be governed by the relevant proposal or service agreement.

SMRC4 Monk may provide SEO, social media marketing, content creation, paid advertising, campaign management, and related marketing services.

Clients acknowledge that marketing outcomes depend on multiple factors, including market conditions, competition, budget, audience behaviour, website performance, pricing, product quality, and third-party platform algorithms.

Therefore:

We do not guarantee specific search rankings, leads, sales, conversions, revenue, or return on advertising spend unless expressly agreed in writing.

Agency management fees are separate from advertising expenditure unless otherwise stated.

Advertising platforms may change their policies, algorithms, pricing, or technical requirements.

Campaigns and accounts may be restricted or suspended by third-party platforms.

Analytics and campaign reports may be affected by tracking limitations, attribution differences, privacy settings, and platform reporting methods.

We will make reasonable professional efforts to deliver the agreed services but cannot guarantee outcomes that depend on factors outside our reasonable control.

Clients remain responsible for the accuracy and legality of the information, offers, claims, and products advertised on their behalf.

SMRC4 Monk may use AI systems, automation tools, APIs, software integrations, and third-party platforms as part of its services.

Clients acknowledge that AI-generated outputs may contain errors and that automated workflows may require human review, monitoring, maintenance, or updates.

Third-party providers may modify their features, pricing, terms, usage limits, or availability without our control.

Additional subscription fees, API usage charges, integration costs, and maintenance expenses will be borne by the client where they are not included in the agreed quotation.

Clients are responsible for reviewing AI-generated content and automated outputs before relying on them for important business, financial, legal, or operational decisions.

We do not guarantee uninterrupted operation or error-free results from third-party AI systems and automation platforms.

12.1 Ownership of Website Content

Unless otherwise stated, the content available on our website, including original text, graphics, layouts, branding, designs, and other materials, is owned by SMRC4 Monk IT Solutions Private Limited or used with permission from the respective rights holders.

No person may reproduce, republish, modify, distribute, or commercially exploit our website materials without prior written permission, except where permitted by applicable law.

12.2 Client Deliverables

Ownership and usage rights relating to project deliverables will be governed by the applicable proposal or service agreement.

Unless otherwise specified in writing, ownership of bespoke final deliverables created specifically for a client will transfer to the client after full payment of all amounts due and subject to any applicable third-party licences.

Deliverables may include approved logos, graphic designs, website designs, website code, marketing creatives, videos, and other agreed project outputs.

12.3 Source Files and Working Files

Editable design files, development source code, project files, working documents, templates, internal tools, and other source materials will be provided only where included in the agreed scope or separately agreed in writing.

12.4 Pre-Existing Materials and Tools

SMRC4 Monk retains ownership of its pre-existing intellectual property, including reusable code, frameworks, templates, processes, methodologies, internal tools, and general know-how, except where otherwise agreed in writing.

Where such materials are incorporated into a client deliverable, the client receives the rights reasonably necessary to use that deliverable for its intended purpose, subject to the applicable agreement and third-party licence terms.

12.5 Third-Party Assets

Fonts, stock images, music, software, plugins, themes, AI-generated assets, and other third-party materials may be subject to separate licences and usage restrictions.

The relevant third-party licence terms will apply to those materials.

12.6 Portfolio and Promotional Use

SMRC4 Monk may wish to showcase completed projects in its portfolio, website, presentations, or marketing materials.

We will obtain the client's permission where required by the applicable agreement, confidentiality obligations, or law before publicly identifying a client or displaying confidential project materials.

Both SMRC4 Monk and its clients should take reasonable steps to protect confidential information shared during a project.

Confidential information may include business strategies, customer information, financial details, passwords, credentials, proprietary processes, unpublished designs, and other non-public information.

Neither party should disclose confidential information to unauthorised persons, except where disclosure is authorised, legally required, or reasonably necessary for the performance of agreed services under appropriate confidentiality safeguards.

These obligations do not ordinarily apply to information that is publicly available through no breach of confidentiality, already lawfully known to the receiving party, or independently developed without using confidential information.

SMRC4 Monk respects the privacy of individuals who visit our website, contact us, or engage our services.

We may collect information such as names, business contact details, email addresses, telephone numbers, enquiry details, and technical information associated with website usage.

We use such information for purposes including:

Responding to enquiries and providing requested information.

Preparing quotations and proposals.

Delivering and managing services.

Communicating about projects and business relationships.

Maintaining website security and improving our services.

Meeting applicable legal and regulatory obligations.

We may share information with authorised employees, service providers, hosting providers, software platforms, and other parties where reasonably necessary for legitimate business purposes, subject to applicable law and appropriate safeguards.

We do not intend to sell personal information to third parties for their independent marketing purposes.

We take reasonable steps to protect information against unauthorised access, disclosure, alteration, or loss. However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

Our collection and processing of personal information are further explained in our Privacy Policy.

We will handle personal data in accordance with applicable Indian data protection laws, including the Digital Personal Data Protection Act, 2023, and the rules and provisions applicable to the relevant processing activities.

Our website and services may contain links to external websites, applications, software, and third-party platforms.

These services operate independently and may have their own terms, privacy policies, pricing structures, and security practices.

SMRC4 Monk does not control third-party websites and is not responsible for their content, availability, actions, or policies.

Clients should review the applicable third-party terms before purchasing, subscribing to, or integrating an external service.

We make reasonable efforts to provide reliable, professional, and quality-focused services.

However, to the extent permitted by applicable law, our website and its content are provided on an "as available" basis without a guarantee that access will always be uninterrupted, secure, accurate, or error-free.

Unless expressly agreed in writing, we do not warrant specific commercial outcomes, including search engine rankings, lead generation, advertising performance, revenue growth, or profitability.

Nothing in these Terms and Conditions excludes any warranty or legal protection that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, SMRC4 Monk will not be liable for indirect, incidental, special, or consequential losses arising from the use of our website or services, including loss of profits, business opportunities, anticipated savings, or data.

We will not be responsible for failures caused by third-party platforms, inaccurate information supplied by clients, unauthorised access resulting from compromised client credentials, or events outside our reasonable control.

Any project-specific limitation of liability will be governed by the relevant service agreement, subject to applicable law.

Nothing in these Terms and Conditions excludes or limits liability that cannot legally be excluded or limited under Indian law.

To the extent permitted by applicable law, clients agree to indemnify SMRC4 Monk against third-party claims, losses, and reasonable expenses arising from unlawful content, materials, or instructions supplied by the client; infringement of third-party rights through client-supplied materials; or the client's unlawful use of our services.

This provision will not apply to the extent a claim arises from SMRC4 Monk's own unlawful conduct or other circumstances for which the Company is legally responsible.

Either party may terminate a service engagement in accordance with the termination conditions stated in the relevant proposal or service agreement.

SMRC4 Monk may suspend or terminate services where reasonably necessary due to non-payment, material breach of contractual obligations, unlawful activity, or significant security risks, subject to the applicable agreement and law.

Upon termination:

Outstanding amounts properly due remain payable.

Completed work and expenses will be handled in accordance with the agreed commercial terms.

Any refund will be determined under the applicable cancellation and refund provisions.

The transfer of deliverables, source files, credentials, and other project assets will be governed by the relevant ownership, payment, and contractual terms.

Termination will not affect rights and obligations that have already accrued or provisions intended to continue after termination.

Neither party will be held responsible for a delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control.

Such circumstances may include natural disasters, government restrictions, widespread internet or infrastructure outages, cyber incidents, labour disputes, and significant third-party service disruptions.

The affected party should notify the other party within a reasonable time and take reasonable steps to minimise the impact.

Payment obligations already due will remain subject to the applicable agreement and law.

SMRC4 Monk may update these Terms and Conditions from time to time to reflect changes in our services, business practices, or legal requirements.

Updated terms will be published on this page along with a revised "Last Updated" date.

Changes to existing client agreements will be governed by the applicable contract and any consent or notice required by law.

We encourage visitors to review this page periodically.

These Terms and Conditions will be governed by the laws of India.

The parties should first attempt to resolve any dispute arising from these terms through good-faith discussions.

Where a dispute cannot be resolved amicably, it may be referred to the courts having competent jurisdiction in Bhubaneswar, Odisha, India, subject to applicable law and any valid dispute resolution provisions in a separate agreement.

Nothing in this clause restricts any statutory rights or remedies available under applicable law.

For questions, concerns, or requests relating to these Terms and Conditions, please contact us using the details below.

SMRC4 Monk IT Solutions Private Limited

Office Address: 24, Sharadha Enclave, Alkar, Janla, Khordha, Odisha, India – 752054.

Website: https://smrc4monk.com Email: contact@smrc4monk.com

Please include relevant project or invoice details when contacting us about a specific service engagement.