Account Terms

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of service, which together with our privacy policy govern Fifth Shield’s relationship with you in relation to this website.

The term ‘Fifth Shield’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [Fifth Shield – FLAT 161-168, 563, Pocket B, Sector 13, New Delhi, Delhi 110078, India]. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without [business name]’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.

If you’re looking for a strategic partner for your search engine marketing needs, please Contact Us.

The use of any product, service or feature (the “Materials”) available through this internet website or Fifth Shield as an entity by any user of the website (“you” or “your”) shall be governed by the following Terms of Use:

This website is provided by FifthShield (Fifth Shield), and may be used for informational purposes only. By using the site or downloading the Materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions please do not use the website or download materials from the website or make payment on the website or pay to Fifth Shield.

This site, including all Materials presents (excluding any applicable third party materials), is the property of Fifth Shield and is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. Fifth Shield does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. If by mistake any content/images/copy right belongs to you or any known party, please write to us and we will remove it immediately.

Fifth Shield has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

LIMITED LICENSE

Subject to the terms and conditions set forth in these Terms of Use, Fifth Shield grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Third Party Content

The website makes information of third parties available, including articles, reports, news reports, tools to facilitate calculation, company information and other data (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by Fifth Shield nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.

By using any Third Party Content, you may leave this website and be directed to an external website, or to a website maintained by an entity other than Fifth Shield. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Fifth Shield makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that Fifth Shield or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Fifth Shield or any of its affiliates or subsidiaries.

NO WARRANTIES

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES

IN NO EVENT SHALL FIFTH SHIELD OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE website OR ANY LINKED WEBSITE, EVEN IF FIFTH SHIELD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER

THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. FIFTH SHIELD EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THIS SITE OR ANY OF THE MATERIALS ON THIS SITE. FIFTH SHIELD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. FIFTH SHIELD RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FIFTH SHIELD MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

INDEMNITY

You agree to indemnify and hold harmless Fifth Shield, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms of Service.

CHANGES

Fifth Shield reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Fifth Shield may terminate, change, suspend or discontinue any aspect of the Fifth Shield website, including the availability of any features of the Site, at any time. Fifth Shield may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. Fifth Shield may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all materials.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled, operated and administered by Fifth Shield from its offices within India. Fifth Shield makes no representation that materials at this site are appropriate or available for use at other locations outside of India and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the Materials in violation of any applicable export laws and regulations. If you access this Site from a location outside of India, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court in India will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.

These Terms of Use constitutes the entire agreement between Fifth Shield and you with respect to your use of the website. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Fifth Shield may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Disclaimer/copyright hyperlink at the bottom of the Fifth Shield web site pages, to review the then current Terms and Conditions.

By coming to this website and reading emails from Fifth Shield‘s email id, you agree to the terms listed on this page apart from the terms discussed and agreed with you separately as per the Fifth Shield’s choice/discretion.

Once you agree to work with Fifth Shield, you also agree to:

The Cheque/Money Order/Wire Transfer/PayPal Payments will be payable to “Fifth Shield, India. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.

At no event will Fifth Shield be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.

In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.

All the applicable taxes will be levied as per actuals.

For purposes of this paragraph, “Employee” For purposes of this paragraph, “Employee” shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by Fifth Shield hereunder and for twenty four (24) months thereafter, (i) Fifth Shield agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client , and (ii) Client agrees not to solicit or induce any Employee of Fifth Shield to terminate his or her employment with Fifth Shield or to hire any Employee of Fifth Shield without the prior written approval of Fifth Shield.

Neither this Agreement, any Statement of Work or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) a party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) Fifth Shield may subcontract its obligations hereunder to any wholly-owned subsidiaries of Fifth Shield or third party service providers, provided that Fifth Shield remains primarily liable to Client hereunder, including with respect to the acts and omissions of any such parties employed or engaged by Fifth Shield. However, Client may not assign or transfer this Agreement to a direct competitor of Fifth Shield.

Client represents to Fifth Shield an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to Fifth Shield for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Fifth Shield from any claim or suit arising from the use of such elements furnished by Client.

Fifth Shield retains the copyrights or ownership to the source code/design of all files produced/developed/designed by Fifth Shield during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.

Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India.

This agreement contained in this “Proposal” constitutes the sole agreement between Fifth Shield and Client and its owners.

Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal.

All the images and text/content etc. is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. Fifth Shield will try its best to use the Royalty free images but once the delivery is done, it is client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to Fifth Shield to get it changed. Once the delivery of the work is done, Fifth Shield does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.

In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to Fifth Shield.in at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.

TERMS OF SERVICE

TERMS & CONDITIONS RELATED TO OUR WEBSITE DEVELOPMENT, WEBSITE AMC, AND DIGITAL MARKETING SERVICES

The following terms and conditions apply to all website design/development and digital marketing services provided by Fifth Shield to the Client.

Acceptance: It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Website Design / Development Terms & Conditions-

CHARGES: Charges for services to be provided by Fifth Shield are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Fifth Shield reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

CLIENT REVIEW: Fifth Shield will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Fifth Shield otherwise within ten (15) days of the date the materials are made available to the Client.

TURNAROUND TIME AND CONTENT CONTROL: Fifth Shield will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Fifth Shield receiving initial payment, unless a delay is specifically requested by the Client and agreed by Fifth Shield.

In return, the Client agrees to delegate a single individual as a primary contact to aid Fifth Shield with progressing the commission in a satisfactory and expedient manner.

During the project, Fifth Shield will require the Client to provide website content; text, images, videos and sound files etc.

FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT: Fifth Shield is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

Note- Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

ADDITIONAL EXPENSES: Client agrees to reimburse Fifth Shield for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

WEB BROWSERS: Fifth Shield makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Fifth Shield cannot guarantee correct functionality with all browser software across different operating systems.

Fifth Shield cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Fifth Shield reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

DEFAULT: Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Fifth Shield’s Web space or hosting, Fifth Shield will, at its discretion, remove all such material from its web space. Fifth Shield is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Fifth Shield reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fifth Shield in enforcing these Terms and Conditions.

TERMINATION: Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

INDEMNITY: All Fifth Shield services may be used for lawful purposes only. You agree to indemnify and hold Fifth Shield harmless from any claims resulting from your use of our service that damages you or any other party.

COPYRIGHT: The Client retains the copyright to data, files and graphic logos provided by the Client, and grant Fifth Shield the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Fifth Shield permission and rights for use of the same and agrees to indemnify and hold harmless Fifth Shield from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Fifth Shield that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

STANDARD MEDIA DELIVERY: Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Fifth Shield to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

DESIGN CREDIT: A link to Fifth Shield will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Fifth Shield’s portfolio.

ACCESS REQUIREMENTS: If the Client’s website is to be installed on a third-party server, Fifth Shield must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

SHARED HOSTING: The security and stability of client’s website are of utmost importance to us. As such, we must emphasize that sharing hosting credentials with clients poses significant risks and challenges. These credentials provide access to crucial aspects of shared hosting infrastructure, including sensitive files, databases, and settings. Permitting clients unrestricted access not only increases the likelihood of unintended errors and disruptions but also exposes clients’ website to potential security breaches. This practice further complicates the allocation of responsibility in case of issues. In the interest of ensuring a secure and collaborative environment, Fifth Shield strongly discourage the sharing of hosting credentials.

POST-PLACEMENT ALTERATIONS: Fifth Shield cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

GENERAL: These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

GOVERNING LAW: This Agreement shall be governed by Indian Law.

LIABILITY: Fifth Shield hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Fifth Shield to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

SEVERABILITY: In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Website AMC Terms & Conditions-

Fifth Shield agrees to provide Client with Website AMC (Website Maintenance Services) as described in this Agreement. Maintenance Services include:

  • Updates to Client’s content management system (CMS), including plugins and themes.*
  • Cloud/Local backup of website on a quarterly, half-yearly, or yearly basis, depending on Maintenance Package purchased.*
  • Recovery of website files from backups.*
  • Updates to text, images, and other minor changes to Client’s website pages.
  • Any website support requests, above and beyond what is outlined in package, or WordPress questions requiring a response by Fifth Shield will count towards the additional time.

*These are tasks that are done throughout the annual maintenance contract (AMC). Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed.

MALWARE, SPAM, OR MALICIOUS CODE:

  • Removal of malware, spam, and malicious code from Client’s website is available for an additional charge of ₹ 5000* per incident for clients who are on a maintenance plan at the time of infection.
  • Removal of malware, spam, and malicious code that is existing on a website when a Client signs up for a maintenance plan will be charged at a rate of ₹ 15000* for removal. This charge does not include working with Google or other search engines on your behalf to solve any issues your infection as caused you with their services.

*Depends on our availability

FEES; LIMITATIONS ON REFUNDS AND CANCELLATION FEES

Client agrees to pay Fifth Shield any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services. The client further agrees that, in the event of any termination of this agreement by client, no refunds shall be given under any circumstances whatsoever. The client further agrees to pay upon cancellation any other amounts due to Fifth Shield for work provided at client’s request above and beyond the monthly alotted time of monthly agreement.

 CLIENT RESPONSIBILITIES

For the purposes of providing these services, Client agrees:

  • To answer any questions from Fifth Shield, in regard to task work on website, promptly.
  • To provide Fifth Shield with access to its website for the purpose of providing Maintenance Services.
  • To properly convey to Fifth Shield the information about requested content updates.
  • To provide Fifth Shield access to their web hosting account, providing active user name / password combinations for access to the server via (S)FTP, assuring that correct permissions are in place on hosting provider.

CLIENT ACKNOWLEDGEMENTS

Client understands, acknowledges and agrees that:

  • Client understands that all work for maintenance tasks will be scheduled according to Fifth Shield’ workflow. We have a process and maintain sites for many Clients, therefore all website updates work that counts towards your monthly time allowance is done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
  • Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be and moved to the “end of the line” in our work queue. Depending on the time of month, this could cause that task to roll over into the next month’s bucket of update requests.
  • All updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
  • Client understands that if they provide Fifth Shield with a maintenance task and the task has been completed, then they wish to make changes to the task, any additional time to make these changes will count towards the monthly allowance of time.
  • Additional website updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
  • Website updates do not include website redesign, re-alignment or re-development equalling more than 50% change to web page, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%).
  • CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Website AMC. These require a separate design or development agreement.
  • Website AMC does not include training on how to use your website, WordPress, or email, but we can provide training at additional cost.
  • If the Client’s website is not hosted with Fifth Shield, we have no control over Client’s hosting company in regard to server downtime, incompatibilities with software, PHP compatibility issues, etc.
  • If the Client’s email accounts are not hosted with Fifth Shield, we can’t be responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is to maintain and keep your website running at its optimal capabilities. We are not your IT team.
  • Fifth Shield has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
  • Fifth Shield is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
  • Fifth Shield is not responsible for changes made to Client’s web site(s) by other parties, including the Client themselves.
  • During the duration of this contract, the Client agrees that Fifth Shield will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site’s code. If a party, including the Client, other than Fifth Shield makes changes to the web site’s code, any errors that are created must be repaired and will be charged.
  • Fifth Shield will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected due to some unknown or technical reason.
  • Fifth Shield is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.

Search Engine Optimization (SEO) Terms & Conditions-

Fifth Shield will provide the Client with Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. Fifth Shield will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website.

All invoices must be paid in full within 15 days of billing. Fifth Shield’s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.

Fifth Shield’s SEO Services may include (but are not limited to):

  • Researching keywords and phrases to select appropriate, relevant search terms.
  • Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
  • Editing and/or optimization of text for various HTML tags, meta data, page titles, and page text as necessary.
  • Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
  • Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
  • Create traffic and ranking reports showing rankings in the major search engines.
  • Creating blog posts and social media posts.
  1. For the purposes of receiving full-fledged SEO services, the Client agrees to provide the following:
    • Administrative/backend access to the website for analysis of content and structure.
    • Permission to make changes for the purpose of optimization, and to communicate directly with any third parties.
    • Unlimited access to existing website traffic statistics for analysis and tracking purposes.
    • Access to a client email address (@domain or Gmail) for the purposes of requesting links.
    • Authorization to use client pictures, logos, trademarks, website images, pamphlets, content, etc., for any use as deemed necessary by (Company name) for search engine optimization purposes.
    • If the Client’s site is lacking in textual content, the Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages.
  2. Client must acknowledge the following with respect to SEO services:
    • All fees are non-refundable.
    • All fees, services, documents, recommendations, and reports are confidential.
    • Fifth Shield has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
    • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Fifth Shield does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
    • Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Fifth Shield will re-optimize the website/page based on the current policies of the search engine.
    • Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. Fifth Shield can offer a list of expedited listing services upon request.
    • Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Fifth Shield does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
  3. Fifth Shield is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
  4. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Fifth Shield for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Fifth Shield and its subcontractors
    from any liability or suit arising from the use of such elements.
  5. Fifth Shield is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content. Notwithstanding any other provision of this Agreement, Fifth Shield’s obligation to provide SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Fifth Shield, then Fifth Shield’s obligation to provide SEO services shall terminate.

Pay Per Click (PPC) Terms & Conditions-

Fifth Shield (the “Agency”) agrees to provide you (the “Advertiser”) with Advertising Services (including Google Ads, Facebook Ads, and Paid Advertisement on Internet), subject to the Advertiser’s compliance with the terms and conditions mentioned below:

As an advertiser engaging Fifth Shield for its Advertising Services, Advertiser agrees to be bound by these Terms and Conditions, both for current and for any additional services for which it may contract with Fifth Shield, including all payment terms (collectively, the “Agreement”). By “Advertiser,” as we use that term herein, we mean you/ the client, whether you are using the Advertising Services yourself, or whether you are securing the advertising services as agent for the actual advertiser. In the latter case, you represent that you have authority to legally bind the advertiser you are representing, and both you and the advertiser you are representing are jointly and severally bound as if you each separately consented to this Agreement.

Advertiser or its agent or representative verbally accepted a summary of key provisions related to payment, term of service, and Fifth Shield’s cancellation policy, and/or expressly accepted these Terms and Conditions through affirmative action by initiating the advance payment following an opportunity to review these Terms and Conditions.

NO REFUNDS: Advertisers are responsible for their own payments and any overdrawn accounts in the case of an auto withdrawal. Advertisers and Fifth Shield, at their convenience, with a minimum of 30 days written notice, may discontinue service with proper correspondence.

PERSONAL INFORMATION: Any personally identifiable information provided by Advertiser shall be subject to Fifth Shield’s privacy policy, which can be read at https://www.fifthshield.com/privacy-policy/

RECURRING PAYMENTS AND TERM OF AGREEMENT: The term of each Advertising Service shall begin as of the date of acceptance of these Terms and Conditions by Advertiser. Billing will occur in the form of a one-time setup payment and a recurring monthly payment, as set forth in the specific product/service terms detailed in an order form agreement between both parties.

ACCESS: Advertiser agrees to grant Fifth Shield access to their websites and/or advertising accounts in order that Fifth Shield can create and manage Advertiser’s advertising campaigns. Advertiser is authorized to access Fifth Shield-owned, operated, or hosted websites that require log in or account information solely to manage Advertiser’s advertising account(s). Advertiser agrees that it will not use the site or any content therein for any other purpose and that it will not disseminate or distribute any of said information. Advertiser’s right to access its account with Fifth Shield is personal to Advertiser and non-assignable and is subject to any limits established by Fifth Shield. Advertiser agrees that it will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access Advertiser’s account with Fifth Shield or to monitor or copy Fifth Shield’s website or the content contained therein, except those automated means expressly made available by Fifth Shield.

LATENCY: Advertiser understands that, any information or data provided by Advertiser to Fifth Shield may not be processed on a real-time basis and may be subject to the latency of the Internet, the Fifth Shield systems and network of third-party partners and search engines.

OWNERSHIP OF NON-ADVERTISER PROPERTY: Title and full ownership rights in and to the Advertising Services, together with any and all ideas, concepts, advertising campaign optimizations, computer programs, and other technology supporting or otherwise relating to Fifth Shield’s operation, including, but not limited to, Ads Group, Ad Sets, bid management, task management, content development and website(s) (collectively, the “Fifth Shield Materials”), shall remain at all times solely the ownership of Fifth Shield. Advertiser acknowledges that it has not acquired any ownership interest in the Fifth Shield Materials and will not acquire any ownership interest in the Fifth Shield Materials by reason of this Agreement. If services are discontinued for any reason, Fifth Shield reserves the right to remove any Fifth Shield Materials from the Advertiser’s advertising account(s) and/or website(s).

ADVERTISER’S SITE: Unless Advertiser’s website is designed and provided by Fifth Shield as a part of its Advertising Services, Advertiser hereby acknowledges that neither Fifth Shield nor its Promotional Partner (if applicable) is responsible for the development, maintenance, and operation of the Advertiser website(s), nor for any content or other materials that appear on, and all visitors to, the Advertiser website(s), nor is Fifth Shield or its Promotional Partner responsible for order entry, payment processing, shipping, cancellations, returns, or customer service concerning orders placed on Advertiser’s website(s).

ADVERTISER COVENANTS: Advertiser further agrees to perform as follows:

Advertiser will not hold Fifth Shield or its affiliates, or Promotional Partner or its affiliates, if applicable, liable or responsible for the activities of visitors who come to Advertiser’s website(s) through Advertising Services.

In the event that Advertiser has been referred to the Advertising Services by or through an Fifth Shield partnership promotion, such that Promotional Partner is a beneficiary of these terms and conditions, Advertiser agrees that Fifth Shield may share all data it obtains, including product performance data, with Promotional Partner, and Promotional Partner shall have the same rights to access and use said data as Fifth Shield itself.

Advertiser agrees that if the Advertising Services ordered from Fifth Shield include paid search management, and if the paid search management is being performed through an existing account rather than Fifth Shield’s account, then Advertiser will grant Fifth Shield exclusive administrative access to said account. Advertiser may retain read-only access, but will allow Fifth Shield to perform the Advertising Services without shared administrative rights. Advertiser acknowledges that this is necessary for Fifth Shield to effectively perform the Advertising Services.

ADVERTISER INDEMNIFICATION OBLIGATIONS: Advertiser agrees to indemnify, defend, and hold harmless Fifth Shield, its distribution partners including Promotional Partner if applicable, their respective licensors and licensees, and affiliated companies, and any of their respective officers, directors, employees, representatives, and agents (collectively the “Indemnified Parties”), from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Advertising Services performed on behalf of Advertiser, Advertiser’s client’s website(s) or contents therein, Advertiser’s conduct, acts or omissions, or any alleged or proven breach by Advertiser of any term, condition, agreement, representation, or warranty herein. This indemnification excludes any Claim that arises solely from the acts or omissions of an Indemnified Party, as to that party. An Indemnified Party will notify Advertiser of any claim, action, or demand for which indemnity is required in the reasonable opinion of Indemnified Party, and will cooperate with Advertiser at Advertiser’s expense. An Indemnified Party shall have sole discretion to accept or reject the law firm Advertiser chooses to defend the Indemnified Party, which firm must be experienced in defending similar claims. Advertiser may not settle any lawsuit or matter relating to the culpability or liability of an Indemnified Party without the prior written consent of that party. An Indemnified Party will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Fifth Shield shall have the right to set off any liability of Advertiser to Fifth Shield with respect to a Claim against any amounts held on deposit with Fifth Shield by Advertiser.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Advertiser acknowledges and agrees that it will not hold Fifth Shield, or Promotional Partner if applicable, liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Advertiser further acknowledges and agrees that errors or mistakes in the performance of the Advertising Services, including but not limited to misspellings or miscommunications, do not create a right to refund for the Advertiser. Advertiser will give Fifth Shield timely notice and allow Fifth Shield a reasonable opportunity thereafter to cure any identified errors or omissions. Fifth Shield makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions, click-throughs, or leads and any promotional effect or return on investment thereof. As Fifth Shield relies on third parties for certain data, Fifth Shield makes no guarantees regarding the accuracy, reliability, or completeness of any such data, including but not limited to usage statistics.

In no event shall Fifth Shield, or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.

If you have any concerns or queries, you may contact us at:

Phone: +91 9354257827 (Timings:10 AM to 6 PM, IST – Monday to Saturday)

Email: admin@fifthshield.com

Any notice or communication that may be required to be given to Fifth Shield under these Terms or any Program-specific terms shared with you may be sent by writing or emailing to the following addresses: FLAT 161-168, 563, Pocket B, Sector 13, New Delhi, Delhi 110078, India

 

LAST UPDATED: 1 January 2019