Terms and Services

Last updated: February 17, 2026

These Terms and Services ("Terms", "Agreement") constitute a legally binding agreement between You ("Client", "You", or "Your") and Fortimark LLP ("Company", "We", "Us", or "Our") governing Your use of Our services and website.

By accessing or using Our services, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access or use Our services.

This policy and all policies on this website are subject to change without notice.

1. Acceptance of Terms

By accessing, browsing, or using this website or engaging Our services, You acknowledge that You have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If You do not agree with any of these Terms, You are prohibited from using or accessing Our services.

2. Services Description

Fortimark LLP provides digital marketing, web development, app development, content creation, social media management, and related technology services (collectively, "Services").

We reserve the right to modify, suspend, or discontinue any Service at any time without prior notice or liability.

3. Service Agreements

All Services are provided subject to a separate written agreement or proposal ("Service Agreement") that specifies the scope, deliverables, timeline, and payment terms.

In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.

Each Service Agreement constitutes a separate contract and these Terms are incorporated by reference into all Service Agreements.

4. Payment Terms

4.1 Payment Schedule

Payment terms are specified in each Service Agreement. Generally:

  • Projects require a minimum 50% deposit before work commences.
  • Remaining balance is due upon completion or as specified in the Service Agreement.
  • Monthly retainers are billed in advance on the first of each month.

4.2 Late Payments

Late payments are subject to a 2% monthly interest charge (24% annually) and may result in suspension or termination of services.

If payment is not received within 15 days of the due date, all work will be suspended until payment is received. If payment is not received within 30 days, the Service Agreement may be terminated, and all work completed becomes the property of Fortimark LLP.

4.3 Refunds

All payments are non-refundable except as explicitly stated in the Cancellation Policy. No refunds will be issued for completed work, work-in-progress, or services rendered.

5. Intellectual Property Rights

5.1 Work Product

All work product, including but not limited to designs, code, content, strategies, concepts, and deliverables, remains the exclusive property of Fortimark LLP until full payment is received.

Upon full payment, ownership of the final deliverables specified in the Service Agreement will transfer to the Client, subject to the limitations set forth in these Terms.

5.2 Pre-existing Materials

Fortimark LLP retains all rights to pre-existing materials, tools, methodologies, frameworks, and intellectual property used in providing Services.

5.3 Third-Party Materials

Any third-party materials, including but not limited to fonts, images, software, or plugins, are subject to their respective licenses. The Client is responsible for obtaining and maintaining all necessary licenses.

6. Client Obligations

The Client agrees to:

  • Provide accurate, complete, and timely information necessary for service delivery
  • Make timely payments as specified in the Service Agreement
  • Respond to requests for feedback, approvals, or information within 5 business days
  • Comply with all applicable laws and regulations
  • Not use Our services for any illegal, fraudulent, or harmful purposes
  • Respect the intellectual property rights of Fortimark LLP and third parties

Failure to meet these obligations may result in delays, additional charges, or termination of services.

7. Revisions and Change Requests

Service Agreements include a specified number of revision rounds. Additional revisions or change requests beyond the agreed scope will be billed at Our standard hourly rate or as specified in the Service Agreement.

All change requests must be submitted in writing and approved before work commences. We reserve the right to decline change requests that significantly alter the project scope.

8. Project Timelines

Project timelines are estimates and are subject to change based on:

  • Client responsiveness and timely provision of information
  • Scope changes or additional requests
  • Third-party dependencies
  • Unforeseen circumstances beyond Our control

Fortimark LLP shall not be liable for delays caused by Client actions or circumstances beyond Our reasonable control.

9. Warranties and Disclaimers

9.1 Limited Warranty

Fortimark LLP warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, FORTIMARK LLP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that Services will be uninterrupted, error-free, or meet Your specific requirements. Results may vary based on market conditions, industry factors, and other variables beyond Our control.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTIMARK LLP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

The total liability of Fortimark LLP for any claims arising from or related to Services shall not exceed the total amount paid by the Client for the specific Service in question.

This limitation applies regardless of the legal theory on which the claim is based, including contract, tort, negligence, or otherwise.

11. Indemnification

The Client agrees to indemnify, defend, and hold harmless Fortimark LLP, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Client's use of Services
  • Client's violation of these Terms
  • Client's violation of any third-party rights
  • Content or materials provided by the Client

12. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of providing Services. However, this obligation does not apply to:

  • Information that is publicly available
  • Information independently developed without use of confidential information
  • Information required to be disclosed by law

13. Termination

Either party may terminate a Service Agreement:

  • For material breach, subject to a 15-day cure period
  • Immediately for non-payment
  • With 30 days written notice for ongoing services

Upon termination, the Client remains responsible for payment of all work completed and all outstanding invoices. All work product remains the property of Fortimark LLP until full payment is received.

14. Dispute Resolution

Any disputes arising from or related to these Terms or Services shall be resolved through binding arbitration in Karnataka, India, in accordance with the Indian Arbitration and Conciliation Act, 2015.

The arbitration shall be conducted by a single arbitrator appointed by mutual agreement or by the applicable arbitration institution. The language of arbitration shall be English.

By agreeing to these Terms, You waive Your right to pursue class action lawsuits or jury trials.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Karnataka, India.

16. Modifications to Terms

Fortimark LLP reserves the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on this website.

It is Your responsibility to review these Terms periodically. Continued use of Our services after modifications constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with any Service Agreement, constitute the entire agreement between You and Fortimark LLP regarding the subject matter herein and supersede all prior agreements, understandings, or communications.

Contact Us

If you have any questions about these Terms and Services, You can contact us:

  • By email: fortimarkagency@outlook.com
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