Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Monk Outsourcing, 30 N Gould St, Sheridan, WY 82801, USA.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Monk Outsourcing, accessible from https://monkoutsourcing.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that
(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and
(ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
Waiver
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email:
[email protected]
By visiting this page on our website:
https://monkoutsourcing.com/contact-us
Monk Outsourcing LLC (hereinafter referred to as “the Company,” “MONK OUTSOURCING,” MOS, “we,” “our,” or “us”) is committed to protecting and respecting the privacy of individuals whose personal data it processes and to providing its products, services, and features under the following Terms and Conditions (“Terms”). By accessing or using the website monkoutsourcing.com (“Website”) or any services provided by Monk Outsourcing, you (“you,” “your,” or “Client”) agree to be bound by these Terms in their entirety. If you do not agree to these Terms, please refrain from using the Website or engaging our services.
2. USE OF WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
2.1 The Website and all Materials contained therein, including but not limited to text, images, graphics, designs, software, and source code (excluding third-party content), are the sole and exclusive property of Monk Outsourcing and are protected by applicable intellectual property laws worldwide, including copyrights and treaties.
2.2 Subject to your compliance with these Terms, Monk Outsourcing grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Materials solely for informational purposes and for the use of Monk Outsourcing services.
2.3 You expressly agree not to reproduce, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without Monk Outsourcing’s prior written consent.
2.4 Monk Outsourcing does not grant any express or implied rights under any patent, trademark, copyright, or trade secret, except as expressly provided herein.
3. THIRD-PARTY CONTENT AND EXTERNAL LINKS
3.2 Such Third-Party Content is provided solely for general informational purposes. Monk Outsourcing neither endorses nor assumes responsibility for the accuracy, completeness, or reliability of such content.
3.3 The Third-Party Content is not intended to constitute tax, legal, investment, or other professional advice.
3.4 Use of or reliance on any Third-Party Content is at your sole risk, and Monk Outsourcing expressly disclaims all liability for any losses or damages arising from your use or reliance on such content.
3.5 The Website may contain links to external websites. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or approval by Monk Outsourcing of any content, products, or services on or available through such websites.
3.6 Access to linked external sites is at your own risk. Monk Outsourcing makes no representations or warranties concerning the content or security of linked sites. It shall not be responsible or liable for any damages or losses caused by your use of them.
4. WEBSITE ACCESS AND USE
4.1 The Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for lawful business and informational purposes.
You agree not to:
(a) misuse, disrupt, damage, or interfere with Website functionality;
(b) attempt unauthorised access to systems, servers, databases, or networks;
(c) copy, reproduce, modify, distribute, or exploit Website content without written permission;
(d) introduce viruses, malware, or harmful code;
(e) use the Website for unlawful, fraudulent, abusive, or misleading purposes.
The Company reserves the right to restrict or terminate access to any person violating these Terms.
5. Privacy Policy
Your use of the Website is also governed by Monk Outsourcing’s Privacy Policy, which explains how we collect, use, disclose, and protect your personal information. By using the Website, you acknowledge that you have read and agreed to our Privacy Policy.
6. SERVICES PROVIDED
6.1 Monk Outsourcing provides technology, digital marketing, and outsourcing solutions, including:
• Search Engine Optimisation (SEO);
• Social Media Optimisation (SMO)
• Digital Marketing;
• Social Media Marketing
• Paid Advertising;
• Content Creation and Marketing;
• Email Marketing;
• Website Design and Development;
• Software and Application Development;
• Business Process Outsourcing;
• Virtual Assistance;
• Lead Generation;
• Customer Support;
• Other related professional services.
The Company reserves the right to modify, improve, discontinue, or introduce additional Services without prior notice.
7. SERVICE ENGAGEMENT AND CLIENT RESPONSIBILITIES
7.1 Clients shall provide accurate information, approvals, materials, access credentials, brand assets, and cooperation necessary for successful delivery of Services.
The Company shall not be responsible for delays, losses, or performance issues arising from Client’s failure to fulfil obligations.
8. PAYMENT TERMS
8.1 Unless otherwise agreed in writing:
(a) all fees shall be payable according to agreed proposals, invoices, subscriptions, or service agreements;
(b) payments must be made within the specified payment period;
(c) late payments may result in suspension of Services;
(d) the Client shall be responsible for applicable taxes, duties, and governmental charges;
(e) all payments made to the Company are non-refundable unless expressly stated otherwise.
The Company reserves the right to revise pricing upon reasonable notice.
9. REFUNDS AND CANCELLATIONS
9.1 Due to the customised nature of digital and outsourcing services, refunds shall generally not be available once work has commenced, resources have been allocated, or deliverables have been initiated.
Any refund consideration shall be determined solely according to the applicable service agreement or written approval of the Company.
10. INDEMNITY
You agree to indemnify, defend, and hold harmless Monk Outsourcing, its subsidiaries, affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees), or judgments arising out of or related to your violation of these Terms or your use or misuse of the Website or services.
11. CHANGES TO TERMS AND WEBSITE
11.1 Monk Outsourcing reserves the right to modify, amend, or update these Terms, in whole or in part, at any time and in its sole discretion.
11.2 Such changes shall be effective immediately upon posting on the Website. Your continued use of the Website or services after such posting shall constitute your acceptance of the modified Terms.
11.3 Monk Outsourcing may, without notice and without liability, suspend, limit, or discontinue the Website or any feature or service offered therein.
12. INTERNATIONAL USE; COMPLIANCE WITH LAWS
12.1 The Website is controlled and operated from India. Access from jurisdictions where the Website or its content is illegal is prohibited.
12.2 If you access the Website from outside India, you do so at your own risk and are responsible for compliance with local laws.
13. EMPLOYMENT RESTRICTIONS; NON-SOLICITATION
13.1 For this clause, “Employee” means any person employed by a party before or during the period of performance of services under this Agreement.
13.2 During the term of service and for twenty-four (24) months thereafter:
i. Monk Outsourcing agrees not to solicit, induce, or employ any Employee of Client without Client’s prior written consent; and
ii. Client agrees not to solicit, induce, or employ any Employee of Monk Outsourcing without Monk Outsourcing’s prior written consent.
14. ASSIGNMENT AND SUBCONTRACTING
14.1 Neither party may assign or transfer this Agreement, any Statement of Work, or any rights or obligations hereunder without the prior written consent of the other, except:
i. Either party may assign to a third party succeeding to substantially all its business or assets;
ii. Monk Outsourcing may subcontract to its wholly owned subsidiaries, or third-party service providers provided it remains fully liable for their acts or omissions.
14.2 Client shall not assign this Agreement to any direct competitor of Monk Outsourcing.
15. CLIENT CONTENT; INTELLECTUAL PROPERTY OWNERSHIP
15.1 Client warrants that all text, graphics, photographs, designs, trademarks, source code, or other artwork provided to Monk Outsourcing for use in services are owned by Client or that Client has obtained all necessary permissions and licenses.
15.2 Client agrees to indemnify and hold Monk Outsourcing harmless from any claims arising from infringement related to Client-provided materials.
15.3 Monk Outsourcing retains all copyrights and ownership rights to all source code, designs, and deliverables produced during the project until full and final payment has been received, upon which ownership transfers to Client.
16. PROJECT SCOPE AND CLIENT RESPONSIBILITIES
16.1 Client shall provide complete, clear, and timely guidelines, specifications, content, and materials necessary for project execution within the agreed timelines.
16.2 In the absence of specific instructions, Monk Outsourcing shall proceed based on its reasonable interpretation of Client requirements.
16.3 Any subsequent modifications, additions, or enhancements to the agreed scope shall require a separate estimate and may delay delivery.
16.4 Monk Outsourcing shall not be liable for delays or additional costs arising from incomplete or delayed Client materials or feedback.
16.5 Monk Outsourcing is not responsible for third-party software, plugins, payment gateways, SSL certificates, or other components used within the project.
16.6 Client is advised to provide original or properly licensed images and content. Monk Outsourcing may use royalty-free or internet-sourced images only with the Client’s tacit approval and disclaims liability for any copyright infringement arising from such use after delivery.
17. DEDICATED RESOURCES AND CONFIDENTIALITY
17.1 Dedicated resources assigned to Client projects will work standard Indian business hours, with holidays and compensatory arrangements communicated in advance.
17.2 Client shall not directly engage Monk Outsourcing employees outside the scope of this Agreement; violations shall constitute grounds for legal action.
17.3 Both parties shall limit disclosure of confidential information strictly to those employees or agents with a “need-to-know” and shall ensure confidentiality obligations are observed.
18. TERMINATION AND CANCELLATION
18.1 Either party may terminate the Agreement by written notice, subject to the following notice periods:
• Large projects: Three (3) months;
• Small to medium projects: One (1) month;
• Ongoing Time & Materials projects: One (1) week.
18.2 Advance payments are non-refundable upon termination.
18.3 In case of termination, Client shall pay all fees due for services rendered through the termination date.
19. TERMINATION AND CANCELLATION
19.1 Either party may terminate the Agreement by written notice, subject to the following notice periods:
• Large projects: Three (3) months;
• Small to medium projects: One (1) month;
• Ongoing Time & Materials projects: One (1) week.
19.2 Advance payments are non-refundable upon termination.
19.3 In case of termination, Client shall pay all fees due for services rendered through the termination date.
20. PAYMENTS AND TAXES
20.1 All payments must be made against proper invoices via cheque, money order, wire transfer, or PayPal, payable to “Monk Outsourcing.”
20.2 Fees are exclusive of applicable taxes, which Client shall bear.
20.3 Client shall provide Tax Deducted at Source (TDS) certificates at the time of payment where applicable.
20.4 Late payments shall incur a compounded interest penalty of 1.5% per month and all reasonable collection costs.
21. HOSTING AND DOMAIN SERVICES
21.1 Hosting fees are annual, payable in advance.
21.2 Client is responsible for timely renewal of hosting and domains to avoid loss of data or service disruption.
21.3 Monk Outsourcing will not be liable for any damages arising from failure to renew hosting or domains.
21.4 Third parties maintain hosting servers; Monk Outsourcing shall use reasonable efforts to secure the servers but disclaims liability for disruptions.
21.5 Monk Outsourcing reserves the right to remove or disable malicious files on hosting accounts without notice.
21.6 Clients must maintain security of hosting account credentials and ensure hosted scripts are free of harmful content.
21.7 Domains are managed under a common pool account; clients do not receive direct control panel access.
22. MAINTENANCE SERVICES
22.1 Maintenance packages require a minimum commitment of three (3) months and are billed quarterly, payable in advance.
22.2 Packages cover minor maintenance only; major projects or feature enhancements require separate quotes.
22.3 Each package includes one support request per month, up to twenty (20) man-hours; unused hours do not carry forward, but reasonable flexibility is afforded.
22.4 More than three missed payments within a year may lead to termination of the package and immediate payment of remaining fees.
22.5 No refunds will be issued for maintenance fees.
22.6 Cancellation requires one (1) month written notice before renewal date, and early termination requires payment of remaining fees.
22.7 Monk Outsourcing reserves the right to terminate maintenance services at any time with written notice.
23 Cookies
23.1 The Website uses cookies and similar technologies to enhance user experience, analyse Website traffic, and improve our services. By continuing to use the Website, you consent to our use of cookies in accordance with our Cookie Policy.
24. Limitation of Liability
24.1 To the maximum extent permitted by law, Monk Outsourcing shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, goodwill, business opportunities, or data arising from or related to your use of the Website.
24.2 The Website is provided for informational purposes only, and users access and use it entirely at their own risk.
25. Disclaimer of Warranties
25.1 The Website and all content made available through it are provided on an “AS IS” and “AS AVAILABLE” basis. Monk Outsourcing makes no warranties or representations, express or implied, regarding the availability, accuracy, completeness, reliability, or suitability of the Website or its contents.
26. Website Availability
26.1 Monk Outsourcing does not guarantee uninterrupted or error-free operation of the Website. We reserve the right to suspend, modify, restrict, or discontinue any part of the Website at any time without prior notice.
27. Force Majeure
27.1 Monk Outsourcing shall not be liable for any delay, interruption, or failure in Website availability caused by events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, governmental actions, or failures of third-party service providers
28. Electronic Communications
28.1 By accessing the Website or communicating with Monk Outsourcing electronically, you consent to receive communications electronically, and such communications shall satisfy any legal requirement that communications be in writing.
29. Copyright Complaints
29.1 If you believe that any content on the Website infringes your intellectual property rights, please send a written notice containing sufficient details of the alleged infringement. Upon receipt of a valid complaint, Monk Outsourcing may investigate the matter and, where appropriate, remove or disable access to the disputed content.
30. GOVERNING LAW, JURISDICTION, AND ARBITRATION
30.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
30.2 The courts in New Delhi, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
30.3 All disputes, controversies, or claims arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally resolved by arbitration in New Delhi under the Arbitration and Conciliation Act, 1996.
30.4 The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. In the absence of agreement within thirty (30) days, the arbitrator shall be appointed by the competent court in New Delhi.
30.5 The arbitration proceedings shall be conducted in the English language.
30.6 The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.
30.7 Nothing herein shall preclude a party from seeking interim or interlocutory relief from any court before or during arbitration.
31. MISCELLANEOUS
31.1 These Terms constitute the entire agreement between Monk Outsourcing and Client with respect to the use of the Website and services, superseding all prior agreements or understandings.
31.2 Any cause of action arising from your use of the Website or services must be commenced within one (1) year after the claim arises.
31.3 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
31.4 Monk Outsourcing reserves the right to update or modify these Terms at any time; it is your responsibility to review them regularly.
By accessing the Website or engaging Monk Outsourcing services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.