Terms & Conditions

1. GENERAL

These Terms and Conditions shall apply to the provision of all of JiJo Group’s services.

2. INTERPRETATION

In these Terms and Conditions and in any Contract to which these terms and conditions apply unless the context otherwise requires:

a. JiJo Group means JiJo Digital Media (India) or JiJo eCom Trading FZE (UAE)

b. Conditions mean these Terms and Conditions to be read and construed with each Estimate/Quotation provided by JiJo Group

c. Client or Customer means the purchaser of products and/or services from JiJo Group. If the Client(s) comprises more than one person, each of those person’s liability and agreement is joint and several.

d. Where the Client is a trust, the trustee's liability shall not be limited to the assets of the trust;

Contract means an agreement between the Client and JiJo Group comprising of the

e. Estimate/Quotation and the Conditions and any variation agreed to in writing by JiJo Group;

Products and services mean the products sold by JiJo Group to the client;

f. Unless JiJo Group and the Client otherwise agree in writing:

i. In the event of any conflict arising between these Conditions and any agreement or contract these Terms and Conditions shall prevail; and

ii. Estimates/Quotations by JiJo Group remain open for acceptance for 28 days from the date of the Estimate or Quotation.

3. CONTRACT FORMATION

No contract shall come into existence until the Client’s order has been accepted by JiJo Group. The Client may place an order by either:

a. Accepting the Estimate or Quotation via JiJo Group’s website, by telephone, by email, in person or writing; or

b. Paying the deposit (if any) referred to in the Estimate or Quotation; or

Communicating its order to JiJo Group in a manner otherwise than following (a) above.

c. The Client cannot cancel a contract after an order has been accepted by JiJo Group and is bound to pay the estimated or quoted price.

4. PAYMENT

a. Unless otherwise agreed in writing, prices are estimated and quoted in Rupees for JiJo Digital Media and Dhirams for JiJo eCom Trading FZE Currency and shall be exclusive of GST or Vat.

b. JiJo Group will invoice the Client upon completion of the work unless the work is ongoing (past the end of any month) in which case JiJo Group will invoice the Client on a monthly time-taken basis. Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the date of that invoice.

c. Unless otherwise agreed in writing, payment of the products and services shall be made within fourteen (14) days following the date of invoice. JiJo Group reserves the right to require the Client to pay for Products and/or Services before their supply.

d. If the Client does not pay their account by the due date and has not entered into any payment arrangement (which is at JiJo Group’s sole discretion), JiJo Group reserves the right to stop working for the Client immediately and will not be liable to the Client for any loss that they may suffer as a result of such discontinuance.

e. JiJo Group reserves the right to correct any typographical or clerical errors contained in the prices or specifications.

f. Time for payment is of the essence and, without prejudice to any other rights of JiJo Group, if the Client fails to pay any sum payable according to any Contract when due:

i. JiJo Group may treat the Contract as repudiated by the Customer or may until payment in full is made, suspend delivery of products without incurring any liability whatsoever to JiJo Group;

ii. The Client shall (if so required by JiJo Group) pay interest to JiJo Group at the default interest rate of fourteen per cent of (14%) per annum. Interest shall be payable daily until the date when the payment is received; and

iii. The Client shall be liable for all the expenses and costs (including indemnity legal costs) concerning JiJo Group enforcing or attempting to enforce a Contract or these Terms and Conditions.

5. DEFAULT

If:

a. The amounts payable by the Client to JiJo Group are overdue, or the Client fails to meet any other obligation to JiJo Group, under this or any other contract or agreement or in JiJo Group’s opinion

b. The Client is likely to be unable to meet any payment or other obligations to JiJo Group; or

The Client becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to arrange with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management; or

c. The Client no longer carries on business or threatens to cease carrying on business; or

d. If the ownership or effective control of the Client is transferred or the nature of the Client’s business is materially altered; then JiJo Group shall be entitled to cancel all or any part of any contract with the Client which remains unperformed, in addition to and without prejudice to its other remedies; and all amounts outstanding under this Contract or any other

6. INTELLECTUAL PROPERTY

a. Unless otherwise agreed, JiJo Group shall retain copyright and intellectual property rights in all documents, reports, records, media, electronic files, drawings and designs prepared for and on the Client’s behalf.

b. The Client will be entitled to use the documents and any copies for the purposes for which they were intended however unless otherwise agreed, the Client (or any other person or entity) is not permitted to make use of, or modify, any such document for any other purpose without JiJo Group’s agreement in writing. Concepts not chosen will remain the property of JiJo Group.

c. On completion and full payment of branding projects, the intellectual property rights of the Client’s logo design will transfer to the Client.

d. Where JiJo Group provides access to design files, access will be provided in PDF, JPG or PNG format.

e. Access to design files in other formats may incur additional costs for the Client.

Trademarking is the sole responsibility of the Client.

7. LIMITATION OF LIABILITY

a. The Client agrees that JiJo Group will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the Client by any other party, even though JiJo Group may have been notified of such damage or claims.

In particular, JiJo Group shall not be liable for any loss or damages arising, either directly or indirectly, from search engine rankings or social media marketing, including but not limited to any losses resulting from changes in search engine rankings, the closure of social media accounts and non-compliance with social media provider guidelines.

b. JiJo Group shall not be liable to the Client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations to the Client where such delay or failure is caused directly or indirectly by the Client (for example, by changing its requirements, not providing timely feedback or approval of proofs) or by an act of God, armed conflict, labour dispute, civil commotion, the intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation, weather conditions or any other cause beyond JiJo Group’s control.

c. The Client agrees to defend, indemnify and hold JiJo Group harmless from and against any / all claims, losses, liabilities and expenses (including legal costs) related to or arising out of the services provided by JiJo Group to the Client, including without limitation claims made by third parties (including the Client’s customers) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided by JiJo Group, or for any content submitted by the Client for publication by JiJo Group.

d. If despite the above, JiJo Group is found to be liable to the Client, then its liability for any single event or series of related events is limited to the fees paid by the Client to JiJo Group for those particular services.

e. Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. JiJo Group does not screen in advance any Client material submitted to JiJo Group for publication. Mint De sign’s publication of material submitted by the Client does not create any express or implied approval by JiJo Group of such material.

8. WEBSITES

a. Where JiJo Group has created or designed a website for the Client, the Client must make payment in full before the website ‘going live’ on the internet. Should payment not be made in full, JiJo Group reserves the right to shut down that website until it receives payment in full. If the website is already live, JiJo Group reserves the right to take the website down from the internet until it receives payment in full.

b. The Client acknowledges and agrees that it will be liable for all of the costs of restoring the website to the internet where it has been shut down due to non-payment.

c. If the Client has retained JiJo Group to host its website, JiJo Group will charge monthly fees, and if the Client falls into arrears to those monthly payments, JiJo Group reserves the right to shut the website down and will not be liable for any consequences which might arise in the event of such a situation arising.

d. The Client agrees that it will be charged for any work it requests JiJo Group to complete or undertake that is outside of the scope of the estimate/ quote and the approved design. After going live, updates or changes the Client wishes to make to the website will also be chargeable.

e. Packaging and supplying website files for transfer or taking a website down will incur a cost and will be payable by the Client.

9. STREET VIEW TRUSTED 360 TOURS

a. Where the Client has engaged JiJo Group to create a Streetview Trusted 360 Tour, the Client must make payment in full before the 360 Tour ‘going live’ on the internet. Should payment not be made in full, JiJo Group reserves the right to shut down that 360 Tour and if it has already gone live on the internet, to take it down, until it receives payment in full.

b. The Client acknowledges and agrees that it will be liable for all of the costs of restoring the 360 Tour to the internet where it has been shut down due to non-payment.

c. The Client acknowledges and agrees that JiJo Group will not be liable to the Client for any losses if Google makes any changes to Streetview Trusted, including but not limited to Google changing the way that Streetview Trusted operates or discontinuing the Streetview Trusted product.

10. ONLINE MARKETING

a. The Client acknowledges that JiJo Group incurs expenses and uses its expertise and intellectual property when it sets up online marketing campaigns for its clients. The Client also acknowledges that, unless otherwise agreed, any quote for marketing services does not include the transfer of any intellectual property rights from JiJo Group to the Client.

b. The Client acknowledges that JiJo Group retains the ownership of any advertising software accounts used to execute advertising campaigns on behalf of the Client.

c. In regards to programmatic marketing campaigns run through the Google Marketing Platform, which includes but is not limited to Google Display and Video 360, Google Campaign Manager and Google Search Ads 360, the Client acknowledges that JiJo Group has undertaken a contract directly with Google through an authorised reseller and that this contract, and ownership of the software account/s, is not transferable to the client.

d. In regards to Google Ads campaigns, if the Client wishes to take over the online marketing account/s at the end of a marketing campaign, or when the Client terminates the campaign, the Client acknowledges that the Client will incur a fee for the transfer of the online marketing account/s and this fee will be payable in full in advance of the transfer.

e. From time to time, clients may choose to pause the online marketing campaign/s set up and managed by JiJo Group. The Client acknowledges and agrees that where the Client’s marketing campaign/s is/are paused, the Client will continue to be liable for JiJo Group’s monthly management fee.

f. In the event of a catastrophe, JiJo Group reserves the right to pause any online marketing campaign/s it manages, for a reasonable period, without prior notice to the Client. The Client acknowledges and agrees that where the Client’s marketing campaign/s is/are paused, the Client will continue to be liable for JiJo Group’s monthly management fee.

g. The Client acknowledges that while JiJo Group has expertise in online marketing and search engine optimisation, the degree of success of online marketing and search engine optimisation is both subjective and dependent on factors that are outside of JiJo Group’s control. Accordingly, JiJo Group is unable to guarantee the success of any online marketing or search engine optimisation undertaken on behalf of and/or for the Client.

h. JiJo Group will make reasonable endeavours to spend the entire media amount quoted and/or invoiced to the Client for the execution of marketing campaigns, however, the Client acknowledges that there are factors outside of JiJo Group’s control that may impact the accrued media costs for the campaigns.

These factors outside of JiJo Group’s control include but are not limited to refunds from the marketing platform for invalid clicks and/or impressions, variable cost per click and/or cost per 1000 impressions, rounding off differences of less than 0.01 and differences in exchange rates across the campaign and invoicing timeframes.

The Client acknowledges and agrees that where there is a discrepancy between the media amount accrued and the media amount invoiced, JiJo Group will not be liable to refund any discrepancy to the Client where the cost of administering the refund outweighs the quantum or where the discrepancy only becomes evident more than 7 days of the invoicing period.