Terms of Service
The agreement that governs your use of Optivize.
These Terms of Service (“Terms”) form a binding agreement between you (“Customer”, “you”) and Optivize, a brand operated by Surajit Majhi HUF (“Optivize”, “we”). By creating an account, purchasing a service, or otherwise using optivize.digital, you agree to be bound by these Terms.
1. Services Offered
- Website design and development, including AI-assisted builders.
- Digital marketing, SEO audits, content writing, rank tracking, backlink analysis.
- AI image, video and content generation via integrated providers.
- Domain registration, hosting and email reseller services.
- API integrations, workflow automation, custom development.
- Support tickets and one-to-one consulting hours.
2. Account & Eligibility
- You must be at least 18 years old and have full legal capacity to contract.
- You are responsible for keeping your credentials confidential and for all activity under your account.
- You agree to provide accurate, current and complete information and to update it.
- One person/legal entity per account. Sharing is not permitted without our written consent.
3. Orders & Payment
- Prices are displayed in INR and may be converted to USD/EUR/GBP/AED/SGD/CAD/AUD at checkout using mid-market rates plus a transparent FX margin.
- Indian customers are charged GST at 18% (or other applicable rate) on top of the listed price.
- Payment is due immediately on order placement unless explicit credit terms are agreed in writing. Razorpay handles all primary collection.
- Manual / offline payment methods (UPI, bank transfer, cheque, Paytm, POS, YesPay Biz, AU QR Merchant, Bijlipay, mSwipe Pay-by-Link) are reconciled by Optivize within one business day of receipt confirmation.
- Invoices are issued electronically as PDF and constitute a valid tax invoice under the GST Act, 2017.
4. Delivery & Acceptance
- Estimated delivery timelines are stated on each product page or in the proposal; they begin only after we receive all required inputs (content, images, brand guidelines, access credentials).
- You are deemed to have accepted the deliverable if no written objection is received within 5 business days of delivery; objections must specify the alleged defect with reasonable particularity.
- Two rounds of revision are included for design services unless the proposal explicitly states otherwise. Additional revisions are billable at our published hourly rate.
5. Customer Obligations
- Provide all content and access credentials in good time.
- Ensure that all content you upload is lawful and that you own the rights or have a licence to use it.
- Refrain from uploading malware, spam, hate speech, sexually explicit content involving minors, or any material that infringes third-party rights.
- Comply with the acceptable-use policy of any third-party platform (Razorpay, Google, Facebook, hosting providers) that the deliverable interacts with.
6. Intellectual Property
- Our IP: the Optivize platform, source code, AI prompts library, branding assets, and any pre-existing modules remain our property.
- Your IP: upon full payment of the invoice, you receive a worldwide, perpetual, non-exclusive licence to the deliverables we create for you, sufficient for your business operations.
- AI-generated content: ownership is governed by the policy of the underlying provider (OpenAI, Google, Anthropic, fal.ai). Optivize transfers whatever rights it lawfully holds.
- You grant us a non-exclusive licence to display the deliverable in our portfolio unless you opt out in writing.
7. AI & Automation Caveats
AI-generated text, images, code and SEO recommendations are produced by stochastic models and may contain errors, hallucinations or biases. You agree to review every AI output before relying on it for business-critical decisions. Optivize is not liable for any loss arising from blind reliance on AI output.
8. Service Levels & Support
- Standard support response within 1 business day (Monday–Saturday, 10:00–19:00 IST).
- Critical-incident response within 4 hours for paid “Priority Support” subscribers.
- Planned maintenance windows are announced at least 48 hours in advance via email.
- We target 99.5% monthly uptime; downtime caused by upstream providers or force-majeure events is excluded.
9. Suspension & Termination
We may suspend or terminate your account, without notice, if you (a) breach these Terms, (b) attempt fraudulent payment, chargebacks or any conduct flagged by our fraud-cascade engine, or (c) put our platform or other customers at risk. You may close your account at any time by writing to support. Already-rendered services remain billable.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Optivize’s aggregate liability arising out of or in connection with the Services shall not exceed the total fees paid by you to Optivize in the 12 months preceding the event giving rise to the claim. In no event shall we be liable for indirect, consequential, incidental, special, exemplary or punitive damages, lost profits, lost data, or business interruption.
11. Indemnification
You agree to indemnify and hold Optivize harmless from any claim, damage or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) content you upload that infringes any third-party right, or (c) your unlawful use of the Services.
12. Confidentiality
Each party will protect the other’s Confidential Information (defined as non-public information disclosed in connection with the Services) with the same care it uses for its own information, and in no event less than reasonable care. The obligation survives termination for 3 years.
13. Force Majeure
Neither party is liable for failure or delay caused by acts of God, war, terrorism, riot, embargo, government action, pandemic, fire, flood, power failure, ISP outage, or any other event beyond reasonable control.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of India. Subject to the dispute-resolution clause below, the courts at Howrah, West Bengal have exclusive jurisdiction.
15. Dispute Resolution
Before commencing litigation, the parties shall attempt to resolve any dispute in good faith for 30 days. Failing that, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration & Conciliation Act, 1996, seated in Howrah. Each party bears its own costs unless the arbitrator orders otherwise.
16. Changes to these Terms
We may modify these Terms by posting an updated version with a new “Last updated” date. Continued use after the effective date constitutes acceptance. Material changes will be notified by email at least 14 days before they take effect.
17. Contact
Optivize — DBA of Surajit Majhi HUF
Email: sales@optivize.digital
Phone: +91 81006 71006
Web: optivize.digital
