Terms & Condition Of
LevelUp Solution

1. Introduction

Welcome to LevelUp Solution. By accessing our website at levelupsolutions.in or using any of our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions. These terms apply to all visitors, clients, users, freelancers, partners, vendors, subcontractors, and others who access or use our services in any capacity whatsoever. If you disagree with any part of these terms, you must immediately discontinue the use of our website and services. LevelUp Solution reserves the right to update, modify, amend, or replace any part of these Terms & Conditions at any time without prior written notice. Any changes will become effective immediately upon being posted on this page. Your continued use of the website or services after such modifications constitutes your binding acceptance of the updated terms. We strongly recommend reviewing this page periodically to stay informed of any changes. These terms were last updated and are effective as of the date mentioned at the top of this page.

2. Definitions

For the purpose of these Terms & Conditions, the following definitions shall apply: "Company," "We," "Us," or "Our" refers to LevelUp Solution, a digital agency headquartered in Sitamarhi, Bihar, India. "Client," "You," or "Your" refers to any individual, business entity, organization, or person who engages with LevelUp Solution for any service, project, or consultation. "Services" refers to all offerings provided by LevelUp Solution including but not limited to web development, app development, Shopify development, CMS solutions, digital marketing, SEO, branding, UI/UX design, and all related activities. "Deliverables" refers to all work products, files, designs, code, documents, reports, and materials produced by LevelUp Solution during the course of a project. "Agreement" refers to any project proposal, quotation, contract, statement of work, or written understanding between LevelUp Solution and the client. "Website" refers to the LevelUp Solution website accessible at levelupsolutions.in and all its subdomains and related pages. "Confidential Information" refers to any non-public information disclosed by either party to the other including business plans, strategies, technical data, financial information, customer lists, credentials, and proprietary methodologies. "Third-Party Services" refers to any external tools, platforms, software, APIs, or services not owned or operated by LevelUp Solution. "Intellectual Property" refers to all patents, copyrights, trademarks, trade secrets, designs, logos, source code, and any other proprietary rights.

3. Eligibility

By using our services or accessing our website, you represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. If you are accessing or using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms & Conditions. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms and must not use our services. LevelUp Solution reserves the right to refuse service to anyone for any reason at any time at its sole discretion.

4. Services

LevelUp Solution is a full-service digital agency specializing in a comprehensive range of technology and marketing solutions. Our services include but are not limited to custom website development and design, responsive web design, single page application development, progressive web app development, full-stack web application development, e-commerce website development, Shopify store setup and customization, Shopify theme development and customization, Shopify app development, Shopify Plus development, Shopify migration services, Shopify store optimization, CMS development and integration including WordPress, Webflow, Wix, Squarespace, Joomla, Drupal, and other platforms, custom CMS development, headless CMS implementation, custom software development, SaaS product development, mobile application development for iOS and Android, cross-platform app development using React Native and Flutter, UI/UX design and prototyping, wireframing and user flow design, interactive prototype development, usability testing and UX audits, brand identity design and development, logo design and brand guidelines, graphic design for print and digital media, social media graphics and templates, presentation design, packaging design, digital marketing strategy and execution, search engine optimization including on-page SEO off-page SEO technical SEO and local SEO, social media marketing and management for Facebook Instagram LinkedIn Twitter Pinterest YouTube and TikTok, pay-per-click advertising including Google Ads and Bing Ads, Meta Ads management including Facebook Ads and Instagram Ads, LinkedIn advertising, YouTube advertising, programmatic advertising, email marketing strategy and campaign management, marketing automation setup and management, content marketing and content strategy, blog writing and article creation, copywriting for websites landing pages and ads, video marketing and video SEO, influencer marketing strategy and execution, affiliate marketing setup and management, conversion rate optimization, A/B testing and multivariate testing, landing page design and development, sales funnel creation and optimization, lead generation campaigns, Google Analytics setup and reporting, Google Tag Manager implementation, Google Search Console optimization, Google Business Profile optimization, online reputation management, review management and monitoring, website maintenance and support, website security audits and hardening, SSL certificate installation and management, website speed optimization and performance tuning, domain registration and management, web hosting setup and management, cloud hosting and server management, database design and management, API development and third-party integrations, payment gateway integration, CRM integration and setup, ERP integration, chatbot development and integration, WhatsApp Business API integration, IT consulting and technology advisory services, digital transformation consulting, product strategy and roadmap planning, competitor analysis and market research, and technology stack consulting. Our team of experienced professionals aims to deliver high-quality, performance-driven, scalable, and result-oriented digital experiences tailored to each client's unique business needs, goals, and objectives. However, LevelUp Solution reserves the right to modify, update, expand, limit, or discontinue any service offering at its sole discretion without prior notice. All services are subject to availability and may be limited, suspended, or withdrawn at any time without any liability to the company. Service timelines, deliverables, scope, milestones, and pricing will be defined in individual project proposals, statements of work, or agreements shared with the client before project commencement.

5. Client Onboarding & Project Commencement

Upon agreement on the project scope, deliverables, timeline, and pricing, LevelUp Solution will share a detailed project proposal or statement of work with the client for review and approval. The project will officially commence only after the client has provided written approval of the proposal (via email or signed document) and the agreed advance payment has been received by LevelUp Solution. During the onboarding phase, the client is required to provide all necessary materials including but not limited to brand guidelines, logos in high-resolution formats, content for the website or application, product images, product descriptions, access credentials to existing platforms and hosting accounts, domain registrar access, social media account credentials, advertising account access, analytics access, and any other materials or information required for the successful execution of the project. LevelUp Solution will assign a dedicated project manager or point of contact to ensure smooth communication and project execution. The client is expected to designate a single point of contact from their end to streamline communication, feedback, and approval processes. Any delay in providing required materials, information, feedback, or approvals during the onboarding phase or at any point during the project will result in proportional extension of the project timeline, and LevelUp Solution shall not be held responsible for such delays.

6. User Responsibilities

Users and clients agree to provide accurate, current, and complete information when engaging with LevelUp Solution, including but not limited to business details, project requirements, login credentials, brand assets, content, and any other materials necessary for the successful execution of the project. You are solely responsible for safeguarding all credentials, passwords, API keys, encryption keys, and any confidential information shared during the course of the engagement. You agree not to use our services for any unlawful, unauthorized, or unethical purpose, including but not limited to violating intellectual property rights of any third party, distributing malware or malicious code, engaging in fraudulent activities, sending unsolicited spam or bulk messages, hacking or attempting to gain unauthorized access to any system or network, infringing upon the privacy of others, promoting hate speech violence discrimination or illegal content, selling counterfeit or prohibited goods through e-commerce platforms developed by us, violating any applicable local state national or international law or regulation, or engaging in any activity that could harm the reputation or business interests of LevelUp Solution. Users must ensure that all content, images, videos, trademarks, and materials provided to LevelUp Solution for use in any project do not infringe upon the intellectual property rights, copyright, trademark rights, or privacy rights of any third party. Clients are solely responsible for obtaining all necessary licenses, permissions, releases, and consents for the content they provide, and LevelUp Solution shall not be liable for any claims arising from client-provided content. Any delay in providing required materials, feedback, approvals, or responses by the client may result in project timeline extensions, and LevelUp Solution shall not be held responsible for such delays. Users must not attempt to reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, algorithms, or proprietary methodologies of any software, tools, frameworks, or proprietary systems used or developed by LevelUp Solution. The client agrees to cooperate fully with LevelUp Solution and provide timely responses to queries, review requests, and approval requests to ensure the project stays on track.

7. Intellectual Property

All content, materials, designs, wireframes, prototypes, mockups, source code, software, frameworks, libraries, templates, themes, plugins, graphics, logos, icons, images, illustrations, animations, videos, text, documentation, methodologies, processes, tools, and any other creative or technical work provided or created by LevelUp Solution are the exclusive intellectual property of LevelUp Solution and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of India and international jurisdictions. Clients retain full ownership of their original content, brand assets, trademarks, trade names, proprietary data, and materials provided to us for the purpose of the project. However, any work, designs, code, creative assets, strategies, campaigns, or deliverables created by the LevelUp Solution team during the course of the project remain the intellectual property of LevelUp Solution unless explicitly transferred to the client through a signed written agreement, intellectual property transfer clause, or assignment deed within the project contract. Ownership of final deliverables will only be transferred to the client upon full and complete payment of all outstanding invoices, dues, and charges related to the project. Until full payment is received and confirmed, LevelUp Solution retains all rights, title, and interest in the work produced. Even after transfer of ownership of final deliverables, LevelUp Solution retains ownership of all proprietary tools, frameworks, reusable code libraries, templates, methodologies, and pre-existing intellectual property used in the creation of the deliverables. The client receives a non-exclusive, non-transferable license to use such components solely as part of the delivered project. LevelUp Solution reserves the right to showcase completed projects, designs, case studies, screenshots, videos, client testimonials, and project descriptions in its portfolio, website, social media channels, marketing materials, presentations, award submissions, and promotional activities unless the client explicitly requests otherwise in writing prior to project commencement and such request is accepted by LevelUp Solution. No part of the LevelUp Solution website, including its design, layout, content, images, code, functionality, or structure, may be reproduced, distributed, modified, transmitted, reused, downloaded, reposted, copied, or used for any commercial or non-commercial purpose without the express prior written permission of LevelUp Solution. Any unauthorized use, reproduction, or distribution of our intellectual property may result in civil and criminal legal action, injunctive relief, and claims for monetary damages.

8. Payments & Refunds

All payments for services rendered by LevelUp Solution must be made in accordance with the terms, amounts, currency, and timelines specified in the project proposal, quotation, statement of work, or invoice provided to the client. Unless otherwise agreed upon in writing, a minimum advance payment of 50% of the total project cost is required before any work commences. The remaining balance must be paid upon project completion and before the final deliverables, source files, access credentials, or deployment is handed over to the client. For larger projects, payments may be structured in milestones as defined in the project proposal, with each milestone payment due upon completion and approval of the respective phase. For ongoing services such as digital marketing retainers, SEO packages, social media management, content marketing, email marketing, website maintenance, and hosting management, payments are due on a monthly basis at the beginning of each billing cycle. All invoices are payable within 7 days of the invoice date unless otherwise specified. Delayed or overdue payments may result in immediate suspension or interruption of services without prior notice. LevelUp Solution shall not be held liable for any losses, damages, ranking drops, traffic loss, or any other consequences arising from service interruption due to non-payment or delayed payment by the client. A late payment fee of 2% per month (or the maximum rate permitted by applicable law, whichever is lower) may be applied on all overdue invoices from the date the payment was originally due. All prices quoted are in Indian Rupees (INR) for domestic clients and in US Dollars (USD) for international clients unless explicitly mentioned otherwise. All prices are exclusive of applicable taxes including GST, VAT, sales tax, withholding tax, or any other government levies unless explicitly mentioned otherwise. The client is responsible for paying all applicable taxes, duties, and government levies in addition to the quoted price. LevelUp Solution accepts payments via bank transfer (NEFT/RTGS/IMPS), UPI, credit card, debit card, PayPal, Razorpay, Stripe, and other payment methods as communicated. Transaction fees or processing charges imposed by payment processors shall be borne by the client unless otherwise agreed. Refunds are issued only under exceptional circumstances and are evaluated strictly on a case-by-case basis at the sole discretion of LevelUp Solution management. Once a project milestone has been delivered and approved by the client, or once work has substantially commenced on a phase, refunds for that milestone or phase will not be applicable. If the client wishes to cancel the project before any work has commenced and before any third-party costs have been incurred, a full refund of the advance payment may be considered. Refund requests must be submitted in writing via email to hello@levelupsolution.in within 7 calendar days of the payment date along with a detailed and valid reason for the request. Any approved refunds will be processed within 15 to 30 business days via the original payment method. LevelUp Solution reserves the right to deduct charges for work already completed, time spent on consultations and planning, third-party costs incurred (such as domain registration, hosting fees, premium themes, plugins, stock images, ad spend, software licenses, or subscription fees), and administrative and processing fees from any refund amount. Chargebacks, payment disputes, or payment reversals initiated by the client through their bank or payment provider without prior written communication and good faith attempt to resolve the issue with LevelUp Solution may result in immediate termination of all services, suspension of all deliverables, revocation of all access provided, and potential legal action to recover the disputed amount along with legal costs and damages.

9. Project Timelines & Delivery

LevelUp Solution is committed to delivering projects within the estimated timelines communicated to the client during the project proposal or kickoff phase. However, all timelines provided are approximate estimates and may vary depending on project complexity, scope of work, number of revisions, client responsiveness, timely availability of required materials, content, assets, feedback, approvals, and credentials from the client, third-party dependencies, and unforeseen technical challenges. Delays caused by the client including but not limited to late or incomplete feedback, delayed content submission, change in project requirements or scope, additional revision requests beyond the agreed scope, failure to provide necessary access credentials or platform access, internal decision-making delays, stakeholder unavailability, or changes in business direction will result in proportional extension of the project timeline, and LevelUp Solution shall not be held responsible for such delays and shall not be liable for any losses arising therefrom. If a project is put on hold by the client for more than 30 consecutive calendar days without prior written agreement from LevelUp Solution, LevelUp Solution reserves the right to consider the project abandoned or dormant. In such cases, any payments already made will be non-refundable, work completed up to that point will be delivered as-is, and resuming the project may require a new project assessment, fresh agreement, and additional charges based on current rates and team availability. If a project remains dormant for more than 90 consecutive calendar days, all project files, assets, and related materials may be archived or deleted from our active systems, and LevelUp Solution shall have no obligation to retain or restore such materials. Rush, expedited, or priority delivery requests may be accommodated subject to team availability and current workload and may incur additional charges of up to 25-50% of the project cost depending on the urgency and scope of work involved. LevelUp Solution will provide regular project updates and progress reports to the client through agreed communication channels including email, project management tools, video calls, or messaging platforms.

10. Revisions & Scope Changes

Each project includes a specific number of revision rounds as clearly defined in the project proposal, statement of work, or agreement. Unless otherwise specified, most projects include up to 2-3 rounds of revisions. Revisions include minor adjustments such as text changes, color modifications, font adjustments, spacing tweaks, layout refinements, image replacements, and similar changes that fall within the originally agreed project scope and design direction. Any requests that fall outside the original scope of work, including but not limited to additional pages or sections, new features or functionality, complete redesigns or major design direction changes, platform migrations, additional integrations or API connections, new user roles or permissions, additional language support, additional device or browser compatibility requirements, or any work not originally included in the approved proposal, will be considered as scope changes or change requests. Such requests will be evaluated by the LevelUp Solution team, and a revised quotation including additional cost, timeline impact, and resource requirements will be provided to the client for written approval before any work begins on the additional scope. Work on scope changes will commence only after the client approves the revised quotation and any additional payment required is received. Revision requests must be submitted in a clear, consolidated, organized, and comprehensive manner, preferably in a single document or email per revision round. Multiple rounds of contradictory, fragmented, piecemeal, or inconsistent feedback that require significant rework may be treated as additional revision rounds and may attract extra charges. Feedback and revision requests should be provided within 7 business days of receiving the deliverable for review. If no feedback is received within 14 business days, the deliverable will be considered approved and accepted by the client.

11. Communication & Collaboration

LevelUp Solution believes in transparent, professional, and timely communication throughout the project lifecycle. Primary communication channels include email, WhatsApp, Google Meet, Zoom, Microsoft Teams, Slack, and project management tools such as Trello, Asana, Jira, ClickUp, or Notion as mutually agreed upon. All important decisions, approvals, scope changes, and agreements must be documented in writing via email for record-keeping and to avoid any misunderstandings. Verbal agreements or instructions given over phone calls or video meetings without subsequent written confirmation via email will not be considered binding. The client is expected to respond to queries, review requests, feedback requests, and approval requests within a reasonable timeframe, ideally within 2-3 business days unless otherwise agreed. Prolonged communication delays from the client may impact project timelines and deliverables. LevelUp Solution standard business hours for communication are Monday to Saturday, 10:00 AM to 7:00 PM IST. While we endeavor to accommodate clients in different time zones, responses outside business hours are not guaranteed. Emergency or urgent support outside business hours may be available for retainer clients or under specific maintenance agreements.

12. Third-Party Services & Integrations

LevelUp Solution may utilize third-party tools, platforms, plugins, extensions, APIs, hosting providers, CDN services, payment gateways, analytics tools, advertising platforms, CMS platforms (including Shopify, WordPress, Webflow, Wix, Squarespace, Joomla, Drupal, Magento, BigCommerce, and others), cloud services (including AWS, Google Cloud, Microsoft Azure, DigitalOcean, Vercel, Netlify, and others), email service providers, CRM platforms, marketing automation tools, and other software or services in the course of delivering our services. While we strive to use reliable, reputable, and industry-standard third-party services, LevelUp Solution is not responsible for any downtime, data loss, data breaches, security vulnerabilities, policy changes, pricing changes, feature deprecation, API changes, service discontinuation, account suspension, or any other issues arising from the use of third-party services or platforms. LevelUp Solution does not control and cannot guarantee the performance, availability, security, or reliability of any third-party service. Any costs associated with third-party tools, subscriptions, licenses, premium plugins, premium themes, extensions, apps, domain registrations, domain renewals, hosting fees, SSL certificates, CDN charges, cloud infrastructure costs, advertising budgets, ad spend, stock images, stock videos, fonts, software licenses, or other external services are the sole responsibility of the client unless explicitly included in the project quotation as being covered by LevelUp Solution. Clients are responsible for maintaining, renewing, and managing their own accounts, subscriptions, licenses, and credentials for all third-party platforms used in their projects. LevelUp Solution will not be liable for any service interruption, data loss, functionality breakdown, or any other issue resulting from expired subscriptions, revoked access, account suspensions, policy violations, or terms of service violations on third-party platforms caused by the client or factors outside our control.

13. Shopify Specific Terms

For all Shopify-related services including Shopify store setup, theme development, theme customization, app development, Shopify Plus development, Shopify migration, Shopify SEO, and Shopify store optimization, the following additional terms apply. The client is responsible for maintaining an active Shopify subscription plan appropriate for their business needs. LevelUp Solution is not responsible for any Shopify platform fees, transaction fees, app subscription fees, or any other charges imposed by Shopify or Shopify app developers. Any custom Shopify theme or app developed by LevelUp Solution will be built in compliance with Shopify's development guidelines and best practices at the time of development. However, LevelUp Solution cannot guarantee compatibility with future Shopify platform updates, API changes, Liquid language changes, or policy modifications made by Shopify after the project delivery. Clients are responsible for testing and reviewing all Shopify store functionality, product listings, checkout process, payment gateway configuration, shipping settings, tax settings, and other store configurations before going live. LevelUp Solution will provide support during the launch phase but is not responsible for issues arising from incorrect configurations made by the client after handover. For Shopify app development, the client acknowledges that apps submitted to the Shopify App Store are subject to Shopify's review and approval process, and LevelUp Solution cannot guarantee approval or listing on the Shopify App Store. LevelUp Solution will make reasonable efforts to ensure the app meets Shopify's requirements but is not responsible for rejection by Shopify due to policy changes or subjective review decisions.

14. Digital Marketing Specific Terms

For all digital marketing services including SEO, social media marketing, PPC advertising, Google Ads, Meta Ads, email marketing, content marketing, and related services, the following additional terms apply. LevelUp Solution does not guarantee any specific results, rankings, traffic volumes, lead counts, conversion rates, sales numbers, revenue figures, or return on investment (ROI) from our digital marketing services. Digital marketing results depend on numerous factors beyond our control including but not limited to market conditions, industry competition, search engine algorithm updates and changes, advertising platform policy changes, seasonal trends, economic conditions, consumer behavior, product quality and pricing, client's brand reputation, website performance and user experience, and the overall digital landscape. We will employ industry best practices, proven strategies, and our expertise to achieve the best possible results for the client, but no guarantees of specific outcomes can be made. SEO results typically take 3 to 6 months or longer to materialize, and rankings may fluctuate due to algorithm updates, competitor activities, or changes to the website made by the client. LevelUp Solution is not responsible for ranking drops or traffic decreases caused by search engine algorithm changes, penalties imposed by search engines due to client actions, or modifications made to the website by the client or other third parties without our knowledge or approval. For paid advertising services, the advertising budget or ad spend is separate from our management fees and is paid directly by the client to the advertising platform (Google, Meta, LinkedIn, etc.). LevelUp Solution is not responsible for the performance of ads beyond our management capabilities, account suspensions or bans imposed by advertising platforms, changes in ad costs or bidding dynamics, or refunds of ad spend from advertising platforms. The client grants LevelUp Solution necessary access and permissions to their advertising accounts, social media accounts, analytics accounts, website backend, and any other platforms required for the execution of digital marketing services. The client retains ownership of all advertising accounts and data. Monthly performance reports will be provided to the client detailing key metrics, progress, and recommendations. The format, frequency, and depth of reporting will be agreed upon during the onboarding phase.

15. Website & Application Maintenance

LevelUp Solution offers website and application maintenance services under separate maintenance agreements or retainer contracts. Unless a maintenance agreement is in place, LevelUp Solution is not obligated to provide ongoing support, bug fixes, updates, security patches, or maintenance services after the project has been delivered and the final payment has been received. A complimentary support period of 15 to 30 days (as specified in the project proposal) may be provided after project delivery for minor bug fixes and issues directly related to the delivered work. This support period does not cover new feature requests, design changes, content updates, third-party plugin or theme updates, server or hosting issues, or issues caused by modifications made by the client or other third parties. After the complimentary support period, all support and maintenance requests will be handled under a paid maintenance agreement. Maintenance plans may include regular software updates, security monitoring, backup management, uptime monitoring, performance optimization, content updates, bug fixes, and technical support as per the terms of the maintenance agreement. Maintenance agreements are billed monthly or annually as agreed and are subject to renewal. LevelUp Solution reserves the right to modify maintenance plan pricing with 30 days advance notice.

16. Data Protection & Privacy

LevelUp Solution is committed to protecting the privacy and security of personal data collected from clients, users, and website visitors. Our data collection, usage, storage, and sharing practices are governed by our Privacy Policy, which is available on our website and forms an integral part of these Terms & Conditions. By using our services, you consent to the collection, processing, and use of your personal data as described in our Privacy Policy. LevelUp Solution implements reasonable technical and organizational security measures to protect personal data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security. Clients are responsible for ensuring that their use of our services and any data they collect through websites, applications, or marketing campaigns developed by us complies with all applicable data protection laws and regulations including but not limited to the Information Technology Act 2000 and its rules, the Digital Personal Data Protection Act 2023 of India, the General Data Protection Regulation (GDPR) for clients operating in or targeting the European Union, the California Consumer Privacy Act (CCPA) for clients operating in or targeting California, and any other applicable privacy laws. LevelUp Solution will provide reasonable assistance to clients in implementing privacy compliance measures such as cookie consent banners, privacy policy pages, terms of service pages, and data collection forms that comply with applicable regulations. However, the ultimate responsibility for legal compliance rests with the client, and we recommend consulting a qualified legal professional for specific compliance guidance.

17. Confidentiality

Both LevelUp Solution and the client agree to maintain the strict confidentiality of all proprietary information, trade secrets, business strategies, marketing plans, financial details, pricing information, customer data, technical specifications, system architecture, login credentials, API keys, encryption keys, source code, algorithms, and any other sensitive or non-public information exchanged during the course of the engagement. Neither party shall disclose, share, publish, sell, license, or use the other party's confidential information for any purpose other than fulfilling the obligations under the agreed project or service engagement. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except to employees, contractors, or agents who need access to such information for the purpose of performing the services and who are bound by confidentiality obligations at least as protective as those set forth herein. This confidentiality obligation shall survive the termination or completion of the engagement and remain in effect for a period of 3 years from the date of disclosure, or indefinitely for trade secrets, unless the information becomes publicly available through no fault of the receiving party, was already known to the receiving party at the time of disclosure, is independently developed by the receiving party without reference to the confidential information, or is required to be disclosed by law, regulation, or court order, in which case the receiving party shall promptly notify the disclosing party to the extent legally permitted. LevelUp Solution implements reasonable administrative, technical, and physical security measures to protect confidential information but cannot guarantee absolute security against all potential threats, attacks, or breaches.

18. Limitation of Liability

To the maximum extent permitted by applicable law, LevelUp Solution, its founders, directors, officers, employees, partners, contractors, agents, affiliates, and representatives shall not be held liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, or multiplied damages arising out of or in connection with the use or inability to use our services, website, deliverables, software, applications, marketing campaigns, or any related materials, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. This includes but is not limited to damages for loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, loss of customers, business interruption, computer failure or malfunction, cost of procurement of substitute services, or other intangible losses, even if LevelUp Solution has been advised of the possibility of such damages. We do not guarantee that our services, website, deliverables, code, applications, or digital marketing campaigns will be error-free, bug-free, uninterrupted, completely secure, virus-free, or free from other harmful components. LevelUp Solution does not guarantee any specific results, rankings, traffic, impressions, clicks, leads, sales, conversions, or revenue from our digital marketing, SEO, social media, PPC, or advertising services, as these outcomes depend on various factors beyond our control including market conditions, competition, search engine and platform algorithm changes, advertising platform policies, seasonal trends, economic conditions, and client cooperation and compliance with our recommendations. In no event shall the total cumulative liability of LevelUp Solution for any and all claims arising under or related to these terms or our services exceed the total amount actually paid by the client to LevelUp Solution for the specific service giving rise to the claim during the six months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you to the extent prohibited by applicable law.

19. Indemnification

You agree to fully indemnify, defend, and hold harmless LevelUp Solution, its founders, directors, officers, employees, contractors, agents, partners, and affiliates from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorney's fees, legal costs, court costs, and expert witness fees) arising out of or related to your use of our services or website, your breach or alleged breach of these Terms & Conditions, your violation of any applicable law, regulation, or order, your infringement or alleged infringement of any intellectual property rights, copyright, trademark, patent, trade secret, or privacy rights of any third party, the content, materials, images, or data you provide to us or that we publish or use on your behalf, any products or services sold through websites or applications developed by us for you, any misrepresentation or false statement made by you, any negligent or wrongful act or omission by you, or any claims brought by your customers, users, or end-users. This indemnification obligation shall survive the termination, expiration, or completion of these terms and any related agreements and shall remain in full force and effect.

20. Website Usage & Acceptable Use Policy

By accessing the LevelUp Solution website, you agree to use it only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the website. Prohibited activities include but are not limited to attempting to gain unauthorized access to any part of the website, server, or connected systems or networks, using automated scripts, bots, crawlers, scrapers, spiders, or similar tools to extract data, content, or information from the website without prior written permission, uploading or transmitting viruses, malware, trojans, ransomware, or any other malicious or harmful code, impersonating any person, entity, or LevelUp Solution representative, or misrepresenting your affiliation with any person or entity, using the website to collect or harvest personal information of other users or visitors without their explicit consent, engaging in any activity that could damage, disable, overburden, impair, or compromise the website, its servers, or its infrastructure, attempting to interfere with the proper working of the website through denial-of-service attacks, flooding, or other disruptive methods, using the website or our contact information for sending unsolicited commercial communications or spam, reproducing, mirroring, or creating derivative works based on our website content without written permission, and framing or deep-linking to pages on our website without prior written consent. LevelUp Solution reserves the right to restrict, block, or terminate access to the website for any user who violates this acceptable use policy, without prior notice and without liability.

21. Warranties & Disclaimers

All services, deliverables, software, applications, designs, marketing campaigns, and content provided by LevelUp Solution are provided on an "as is" and "as available" basis without any warranties or representations of any kind, whether express, implied, statutory, or otherwise, to the fullest extent permitted by applicable law. LevelUp Solution expressly disclaims all implied warranties including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, completeness, timeliness, and quality. We do not warrant that our services will meet your specific requirements, expectations, or business objectives, that the results obtained from the use of our services will be accurate, reliable, complete, or beneficial, that our website, applications, or services will be available at all times without interruption, error, or delay, that any defects, bugs, or errors will be corrected within a specific timeframe or at all, that the website or services are free from viruses or other harmful components, or that the security measures implemented will prevent all unauthorized access or data breaches. Any reliance you place on our services, website content, deliverables, reports, analytics, recommendations, or any other information provided by LevelUp Solution is strictly at your own risk and discretion. LevelUp Solution shall not be responsible for any decisions made or actions taken by the client based on our recommendations, reports, or deliverables.

22. Non-Solicitation & Non-Competition

During the term of any engagement and for a period of 12 months following the completion or termination of the engagement, the client agrees not to directly or indirectly solicit, recruit, hire, contract, engage, or attempt to hire or engage any employee, contractor, freelancer, consultant, or team member of LevelUp Solution who was involved in providing services to the client, whether for full-time employment, part-time work, freelance projects, or consulting engagements. The client further agrees not to encourage or facilitate any such person to leave their position with LevelUp Solution. Any breach of this non-solicitation clause will entitle LevelUp Solution to seek compensatory damages equivalent to 12 months of the concerned team member's compensation, injunctive relief, and recovery of legal costs as permitted by applicable law.

23. Client Testimonials & Case Studies

LevelUp Solution may request clients to provide testimonials, reviews, feedback, or participate in case studies about their experience with our services. By providing a testimonial or review, the client grants LevelUp Solution a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, display, distribute, and promote the testimonial or review in any medium or format, including but not limited to our website, social media channels, marketing materials, presentations, proposals, advertising, and print materials. LevelUp Solution may use the client's company name, logo, and a brief description of the project in its portfolio and marketing materials unless the client has explicitly opted out of portfolio inclusion in writing prior to project commencement. Clients may request removal of their testimonial or case study at any time by sending a written request via email, and LevelUp Solution will remove the content within a reasonable timeframe.

24. Links to Third-Party Websites

Our website may contain links to third-party websites, applications, services, or resources that are not owned, operated, or controlled by LevelUp Solution. These links are provided for convenience and informational purposes only. LevelUp Solution has no control over and assumes no responsibility for the content, privacy policies, practices, terms of service, availability, accuracy, or opinions expressed on any third-party website or resource. We do not endorse, warrant, or guarantee any third-party website, product, or service linked from our website. You access and use third-party websites entirely at your own risk, and you should review the terms and privacy policies of any third-party website before engaging with it. LevelUp Solution shall not be liable for any loss, damage, or harm of any kind arising from or related to your interaction with any third-party website, product, or service.

25. Feedback & Suggestions

LevelUp Solution welcomes and appreciates feedback, suggestions, ideas, comments, and recommendations from clients, users, and website visitors regarding our services, website, processes, or any other aspect of our business. By submitting any feedback, suggestion, idea, or recommendation to LevelUp Solution, you acknowledge and agree that such feedback is provided voluntarily and without any obligation of confidentiality or compensation. LevelUp Solution shall have the unrestricted right to use, reproduce, modify, distribute, incorporate, and implement any such feedback or suggestions in any manner and for any purpose without any obligation to provide attribution, compensation, or notification to you. You hereby waive any and all rights, claims, or interests in any feedback or suggestions you provide, and you agree that LevelUp Solution is not obligated to act on or implement any feedback received.

26. Force Majeure

LevelUp Solution shall not be liable for any failure, delay, or interruption in performing its obligations under these terms or any related agreement if such failure, delay, or interruption results from circumstances beyond its reasonable control, including but not limited to natural disasters, floods, earthquakes, hurricanes, tsunamis, volcanic eruptions, pandemics, epidemics, public health emergencies, government actions, orders, restrictions, lockdowns, or embargoes, war, armed conflict, terrorism, civil unrest, riots, insurrection, strikes, labor disputes, lockouts, power outages or failures, internet or telecommunications failures or outages, cyberattacks, DDoS attacks, hacking incidents, ransomware attacks, server failures or crashes, hardware or software failures, fire, explosion, acts of God, changes in applicable laws or regulations, supply chain disruptions, or any other force majeure event or extraordinary circumstance that is beyond the reasonable control of LevelUp Solution. In the event of a force majeure situation, the affected party shall notify the other party as soon as reasonably practicable, providing details of the event and its expected duration. The performance of obligations shall be suspended for the duration of the force majeure event without penalty or liability. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected project or engagement by providing written notice, and neither party shall have any further liability to the other except for payments due for work already completed.

27. Termination

LevelUp Solution reserves the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a material breach of these Terms & Conditions, non-payment or delayed payment of invoices, abusive, threatening, harassing, or disrespectful behavior towards our team members, providing false or misleading information, engaging in fraudulent activities, violating any applicable law or regulation, or any activity that we determine in our sole discretion to be harmful to our business, reputation, team, or other clients. The client may also terminate the engagement by providing a minimum of 15 days written notice via email to hello@levelupsolution.in. However, any payments already made for work completed, work in progress, or third-party costs incurred are non-refundable upon termination by the client. In the event of termination by either party, the client shall pay for all work completed up to the date of termination, all third-party costs incurred, and any outstanding invoices within 7 days of the termination date. Upon termination, your right to use our services will immediately cease. LevelUp Solution will deliver all completed work and deliverables to the client upon receipt of all outstanding payments. LevelUp Solution may retain copies of project files, communications, designs, code, and related materials for its internal records, portfolio, backup, and legal purposes. Any provisions of these terms that by their nature should survive termination shall remain in full force and effect, including but not limited to intellectual property rights, confidentiality, limitation of liability, indemnification, non-solicitation, dispute resolution, and governing law provisions.

28. Dispute Resolution & Arbitration

In the event of any dispute, controversy, disagreement, or claim arising out of or relating to these Terms & Conditions, the services provided by LevelUp Solution, any project agreement, or the interpretation, performance, breach, or termination thereof, both parties agree to first attempt to resolve the matter amicably through good faith negotiation, discussion, and direct communication between authorized representatives of both parties. If the dispute cannot be resolved through direct negotiation within 30 calendar days of the initial written notice of the dispute, either party may refer the matter to mediation conducted by a mutually agreed mediator. If mediation fails to resolve the dispute within an additional 30 calendar days, either party may refer the matter to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties. If the parties cannot agree on an arbitrator within 15 days, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Sitamarhi, Bihar, India. The language of arbitration shall be English or Hindi as mutually agreed. The decision and award of the arbitrator shall be final, binding, and enforceable on both parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses related to the arbitration, and the arbitrator's fees and administrative costs shall be shared equally unless the arbitrator decides otherwise in the award. Both parties agree that any dispute resolution proceedings shall be conducted on an individual basis and not as a class action, collective action, or representative proceeding.

29. Governing Law & Jurisdiction

These Terms & Conditions shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of law provisions, principles, or rules. Any legal action, suit, proceeding, or claim arising out of or in connection with these terms, the services provided by LevelUp Solution, or any related agreement or engagement shall be subject to the exclusive jurisdiction of the competent civil courts and tribunals located in Sitamarhi, Bihar, India. By using our services or accessing our website, you irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts and waive any objection to the laying of venue or jurisdiction of such courts, including any objection based on inconvenient forum.

30. Assignment & Transfer

The client may not assign, transfer, delegate, or sublicense any of their rights or obligations under these Terms & Conditions or any related project agreement to any third party without the prior written consent of LevelUp Solution. LevelUp Solution may assign, transfer, or delegate its rights and obligations under these terms to any affiliate, successor, or acquiring entity in the event of a merger, acquisition, reorganization, sale of assets, or similar transaction, or to any subcontractor or partner for the purpose of performing the services, without the client's prior consent. Any attempted assignment in violation of this section shall be null and void.

31. Severability

If any provision, clause, or part of these Terms & Conditions is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions, clauses, or parts of these terms, which shall continue in full force and effect as if the invalid or unenforceable provision had never been included. The invalid or unenforceable provision shall be replaced or reformed with a valid and enforceable provision that most closely reflects and achieves the original intent, purpose, and economic effect of the invalid provision to the maximum extent permitted by applicable law.

32. Waiver

The failure or delay of LevelUp Solution to exercise or enforce any right, remedy, power, or provision of these Terms & Conditions shall not constitute or be construed as a waiver of such right, remedy, power, or provision. Any waiver of any provision of these terms shall be effective only if made in writing and signed by an authorized representative of LevelUp Solution. No single or partial exercise of any right or remedy shall preclude any other or further exercise of the same right or remedy or the exercise of any other right or remedy. The rights and remedies provided in these terms are cumulative and are not exclusive of any rights or remedies provided by law.

33. Entire Agreement

These Terms & Conditions, together with our Privacy Policy, Cookie Policy, and any project-specific proposals, statements of work, agreements, contracts, addendums, or amendments, constitute the entire agreement between you and LevelUp Solution concerning the use of our services and website and supersede all prior or contemporaneous communications, proposals, negotiations, representations, understandings, and agreements, whether oral, written, or electronic, between the parties regarding the subject matter herein. In the event of any conflict or inconsistency between these Terms & Conditions and a project-specific agreement signed by both parties, the terms of the project-specific agreement shall prevail to the extent of the conflict. No representation, promise, inducement, or statement of intent has been made by either party that is not embodied in these terms or in a written agreement signed by both parties.

34. Notices

All notices, requests, demands, claims, and other communications required or permitted under these Terms & Conditions shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail with return receipt requested, sent by reputable overnight courier service, or sent by email with confirmation of receipt. Notices to LevelUp Solution shall be sent to hello@levelupsolution.in or to our registered address at LevelUp Solution, Sitamarhi, Bihar, India. Notices to the client shall be sent to the email address or physical address provided by the client during the onboarding process or most recently updated in our records. Either party may change its address for receiving notices by providing written notice to the other party in accordance with this section.

35. Relationship of Parties

The relationship between LevelUp Solution and the client is that of an independent contractor and client. Nothing in these Terms & Conditions or any related agreement shall be construed to create a partnership, joint venture, employment relationship, franchise, agency, or fiduciary relationship between the parties. Neither party has the authority to bind the other party, make commitments on behalf of the other party, or incur any obligation or liability on behalf of the other party. LevelUp Solution team members assigned to client projects are employees or contractors of LevelUp Solution and not employees or agents of the client.

36. Compliance with Laws

Both LevelUp Solution and the client agree to comply with all applicable local, state, national, and international laws, regulations, ordinances, and orders in connection with the performance of their respective obligations under these Terms & Conditions and any related agreements. The client is solely responsible for ensuring that the products, services, content, and activities conducted through websites, applications, or marketing campaigns developed by LevelUp Solution comply with all applicable laws and regulations in the jurisdictions where the client operates or where its customers are located. This includes but is not limited to consumer protection laws, advertising and marketing regulations, e-commerce regulations, data protection and privacy laws, tax laws, intellectual property laws, export control regulations, anti-spam laws, accessibility standards, and industry-specific regulations. LevelUp Solution shall not be liable for any legal consequences arising from the client's failure to comply with applicable laws.

37. Anti-Corruption & Ethical Conduct

LevelUp Solution is committed to conducting its business with the highest standards of integrity, ethics, and transparency. Both parties agree that they shall not, directly or indirectly, offer, give, promise, request, receive, or accept any bribe, kickback, facilitation payment, or other improper benefit or advantage in connection with the services or any related transaction. Both parties shall comply with all applicable anti-corruption and anti-bribery laws and regulations. Any violation of this provision by the client shall entitle LevelUp Solution to immediately terminate all engagements without liability and to seek all available legal remedies.

38. Accessibility

LevelUp Solution strives to make its website and digital deliverables accessible to all users, including those with disabilities. We endeavor to follow web accessibility best practices and guidelines, including the Web Content Accessibility Guidelines (WCAG) 2.1. However, unless specifically included in the project scope and proposal, full compliance with specific accessibility standards such as WCAG 2.1 Level AA, ADA, or Section 508 is not guaranteed. If accessibility compliance is a requirement for your project, please inform us during the project planning phase so that we can include appropriate scope, testing, and budget in the project proposal. Additional charges may apply for comprehensive accessibility audits, testing, and remediation.

39. Cookies & Tracking Technologies

The LevelUp Solution website uses cookies and similar tracking technologies including pixels, web beacons, local storage, and session identifiers to enhance user experience, analyze website traffic and usage patterns, personalize content and advertisements, remember user preferences, and improve our services. By continuing to use our website, you consent to the use of cookies and tracking technologies as described in our Cookie Policy and Privacy Policy. You may control or disable cookies through your browser settings, but please note that disabling certain cookies may affect the functionality and user experience of our website. For detailed information about the types of cookies we use, their purposes, and how to manage your cookie preferences, please refer to our Cookie Policy available on our website.

40. Changes to These Terms

LevelUp Solution reserves the right, at its sole discretion, to modify, amend, update, or replace these Terms & Conditions at any time without prior notice. Changes may be made to reflect changes in our services, business practices, applicable laws, or for any other reason. The most current version of these terms will always be available on our website with the date of the last update indicated at the top of the page. It is your responsibility to review these Terms & Conditions periodically for changes. Your continued use of our website or services after any changes to these terms constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must stop using our services immediately. For existing clients with active projects, material changes to these terms that significantly affect the ongoing engagement will be communicated via email.

41. Contact Us

If you have any questions, concerns, grievances, or feedback about these Terms & Conditions, or if you need clarification on any of the provisions mentioned herein, or if you wish to report a violation of these terms, please do not hesitate to contact us through any of the following channels:
Company Name: LevelUp Solution
Email: hello@levelupsolution.in
Phone: +91-95077 13513, +91 62007 26562
Website: levelupsolution.in
Address: LevelUp Solution, Sitamarhi, Bihar, India
Business Hours: Monday to Saturday, 10:00 AM to 7:00 PM IST (Indian Standard Time)
Response Time: We strive to respond to all inquiries within 24 to 48 business hours. For urgent matters, please call us directly during business hours.
Grievance Officer: For any grievances or complaints regarding our services, data handling, or these terms, you may contact our Grievance Officer at hello@levelupsolution.in. The Grievance Officer shall acknowledge your complaint within 24 hours and endeavor to resolve it within 15 days of receipt in accordance with applicable Indian law.