Terms and Conditions

Terms of Service – Mandalytics / Quantum Creations Limited

Last updated: 28 July 2023

I. Definitions

For the purposes of these Terms of Service, the following definitions apply:

‘Quantum Creations Ltd.’ refers to Quantum Creations Ltd., the legal entity that operates under the brand name Mandalytics.
‘Mandalytics’ refers to the brand name of Quantum Creations Ltd., a digital marketing agency based in Hong Kong.
‘Digital marketing services’ refers to the range of services provided by Mandalytics, which include but are not limited to SEO, PPC, email marketing, website creation, optimizations/modifications, landing pages, conversion tracking and analytics.
‘Hourly packages’ refer to customizable packages of hours that can be applied to any of the digital marketing services offered by Quantum Creations Ltd.
‘Mandalytics Software’ refers to the third-party software licensed by Quantum Creations Ltd. and resold to customers as part of certain hourly service packages. The Mandalytics Software is not owned or developed by Quantum Creations Ltd., but rather is licensed by Quantum Creations Ltd. from a third-party provider.
‘Starter Plan’ refers to the basic plan offered by Quantum Creations Ltd. for the Mandalytics software.
‘Pro Plan’ refers to the intermediate plan offered by Quantum Creations Ltd. for the Mandalytics software.
‘Enterprise Plan’ refers to the advanced plan offered by Quantum Creations Ltd. for the Mandalytics software.
‘The customer’ refers to the person or entity that purchases Quantum Creations Ltd.’s digital marketing services or the Mandalytics software.

II. Introduction

A. Purpose of the Terms of Service Agreement

The purpose of this Terms of Service Agreement is to establish a legally binding agreement between Quantum Creations Ltd. and its customers. It is designed to protect the interests of both parties and to outline the terms and conditions of the services provided by Quantum Creations Ltd.

B. Overview of the Digital Marketing Services

Quantum Creations Ltd. provides a wide range of digital marketing services to its customers, which include but are not limited to search engine optimization, social media marketing, email marketing, content marketing, and web design. The purpose of these services is to help customers reach their digital marketing goals and improve their online presence.

C. Mandalytics Software

In addition to the digital marketing services mentioned in section B, Quantum Creations Ltd. offers Mandalytics Software, a third-party software licensed by Quantum Creations Ltd. and resold to customers as part of certain hourly service packages. The Mandalytics Software is not owned or developed by Quantum Creations Ltd., but rather is licensed by Quantum Creations Ltd. from a third-party provider.

D. User Registration and Privacy Policy

Before using our services and software, users must register and agree to our Privacy Policy. We collect personal information such as name, email address, and company name to create user accounts and provide our services. We may also collect non-personal information such as IP addresses, browser type, and referring pages for analytics purposes. Our Privacy Policy outlines the types of data we collect, how we use it, and who has access to it. We do not share user data with third parties unless required by law or to fulfill our services. We take reasonable measures to protect user data from unauthorized access, disclosure, or destruction. By using our services and software, you agree to our Privacy Policy and consent to the collection and use of your data in accordance with it.

III. Acceptance of Terms

A. Agreement to the terms of service

By using Mandalytics’ digital marketing services or purchasing the Mandalytics software, the customer agrees to these terms of service.

B. Declining the terms of service

If the customer does not agree to these terms of service, they may not use Mandalytics’ digital marketing services or purchase the Mandalytics software.

IV. Service Package Options

A. Overview of the different service package options

Mandalytics offers DIY SEO plans (do-it-yourself) as well as DWY (done-with-you) and DFY (done-for you) SEO & Marketing plans.

The DIY SEO plans come in the form of the Mandalytics software platform, which is a cloud-based software. It also includes extensive support documents, SEO & Marketing guides, SEO & Marketing checklists, as well as customer support via email. The Mandalytics software packages differ in size and capabilities, depending on the customer’s business needs, size, location, etc.
DWY and DFY plans also come with the Mandalytics SEO software platform, but also includes custom packages for digital marketing consulting, SEO, implementation, optimization, advertising, tracking, and more. These packages are based on hours and will be provided to the customer.

B. Explanation of the initial time of every package being used for creating an execution plan for remaining hours

The initial 10% of every package’s time budget is always used to create an execution plan for the remaining hours. This allows us to fully understand the customer’s needs and goals and provide a tailored strategy for their digital marketing efforts. The execution plan will be discussed and approved by the customer before the remaining hours are used.

C. Description of the flexibility to cancel or switch plans

No long-term commitment or contracts are required. Customers can cancel their package at any time by logging in to their customer’s area on the website and clicking the “Cancel” button before the next payment date. Customers can also switch plans by contacting support at least one week before the next payment due date. This provides customers with the flexibility to adjust their package as needed.

V. Mandalytics Software Plans

A. Overview of the different Mandalytics software plans

Mandalytics provides three different software plans – Starter Plan, Pro Plan, and Enterprise Plan. Each plan has different features and functionalities that cater to different business needs.

B. Detailed descriptions of each plan’s features

Starter Plan:

Comprehensive website audit of up to 1,000 pages.
Landing page SEO analysis up to 5 pages.
Rank tracking of up to 50 keywords.
Up to 500 queried backlinks.

Pro Plan:

Comprehensive website audit of up to 10,000 pages.
Landing page SEO analysis up to 15 pages.
Rank tracking of up to 100 keywords.
Up to 3,000 queried backlinks.

Enterprise Plan:

Comprehensive website audit of up to 50,000 pages.
Landing page SEO analysis up to 50 pages.
Rank tracking of up to 150 keywords.
Up to 10,000 queried backlinks.
A complete overview of all Mandalytics software features can be downloaded here.

C. Limitation of Liability for Software

While we take every measure to ensure the continuity and stability of our software, outages may occur due to unforeseeable events or issues outside of our control. Therefore, we are not liable for any outages that may occur. We will make every effort to restore our services as quickly as possible. In case of an outage, we will notify our customers via email or through our website. Our customers agree to not hold Mandalytics or Quantum Creations Ltd. responsible for any losses, damages, or expenses that may result from any outage up to 48 hours.

VI. Payment and Billing

A. Payment Methods

Mandalytics accepts payment via debit/credit card or bank transfer. Payment will be processed at the beginning of each billing cycle based on the selected service package. Bank transfers must be received at least 3 days before the end of the billing cycle to ensure uninterrupted service. Mandalytics offers monthly, quarterly, or annual billing cycles, with automatic renewal at the end of each cycle unless the customer cancels their subscription. To change the billing cycle, contact our support.

B. Invoices and Receipts

Customers can view their payment history, invoices, and subscription details by logging in to their customer area on the Mandalytics website.

C. Refunds

Customers who cancel their subscription mid-cycle will not receive a prorated refund. By making a purchase, you acknowledge and accept that all sales are final. However, if customers want to upgrade their plan, they can contact support to be charged for the new plan from the day they desire, and refunded the remaining days of their existing plan. On the other hand, if they wish to downgrade their plan, they are not refunded the remaining amount for the rest of the billing cycle.

VII. Term and Termination

A. Length of subscription

The agreement between the customer and Mandalytics is valid until the customer cancels their subscription. Customers can cancel their subscription at any time by logging in to their customer area on the Mandalytics website or by contacting support at least one week before the next payment date.

B. Cancellation of subscriptions

Mandalytics reserves the right to terminate the agreement and cancel the customer’s subscription if they violate the terms of service or engage in any fraudulent or illegal activities.

C. Customer’s Liability to Update Contact Information

The customer is responsible for providing Mandalytics with updated contact information, including email address, to ensure that communication can be maintained. Mandalytics is not liable for any communication failures resulting from the customer’s failure to provide updated contact information.

VIII. Limitations of Liability

Mandalytics and Quantum Creations Ltd. will not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services or software. Mandalytics and Quantum Creations Ltd.’s liability is limited to the total amount paid by the customer for the service or software package in question within the last 3 months.

Mandalytics and Quantum Creations Ltd. are not responsible for any damages or losses resulting from the customer’s use of third-party services or software. The customer is solely responsible for ensuring that their use of our services and software complies with all applicable laws and regulations.

Limitation of Liability for Client’s Website Work

During the provision of our services, we may be required to make changes to a client’s website. While we always aim to perform our services with care and competence, issues may arise due to factors outside of our control, such as problems with the client’s hosting provider, software bugs, or other technical issues. Therefore, we are not liable for any problems, outages, losses, damages, or expenses that may occur in relation to changes we make to a client’s website. We recommend that all clients maintain up-to-date backups and have appropriate contingency plans in place. By using our services, clients agree not to hold Mandalytics, Quantum Creations Ltd., or any of its employees or agents responsible for any such issues.

IX. Confidentiality

Mandalytics and Quantum Creations Ltd., as well as the customer, agree to keep confidential any information that is exchanged during the course of the agreement, including any business or technical information, client lists, strategies, and financial information. This confidentiality agreement extends to all employees, agents, and contractors of Mandalytics and Quantum Creations Ltd. The customer also agrees to promptly notify Mandalytics and Quantum Creations Ltd. of any changes to their contact information, including email address. This agreement does not apply to information that is publicly available or already known by either party at the time of disclosure.

X. Governing Law

This agreement shall be governed and interpreted according to the laws of the country where the customer is located. Any disputes that arise between the parties in connection with this agreement shall be resolved in accordance with the dispute resolution process outlined in section X.

XI. Dispute Resolution

Any disputes that may arise between the parties in connection with this agreement shall be resolved through negotiation and mediation. If the parties are unable to resolve their disputes through negotiation and mediation, the matter shall be referred to arbitration in accordance with the rules of the International Chamber of Commerce. The arbitration shall take place in the country where the customer is located. The decision of the arbitrator shall be binding and final, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

In the event of a dispute, Quantum Creations Ltd. will make every effort to resolve the matter in a timely and efficient manner. Customers are encouraged to contact us at [email protected] to discuss any issues or concerns. If a dispute cannot be resolved through negotiation and mediation, the matter shall be referred to arbitration in accordance with the rules outlined above.

XII. Changes to Terms of Service

Mandalytics and Quantum Creations Ltd. reserve the right to modify these terms of service at any time. Notification of any modifications shall be sent to the customer’s email address on file at least 30 days prior to the effective date of the modified terms. Continued use of the services or software after the effective date of the modified terms constitutes acceptance of the modified terms.

XIII. Contact Information

Any questions, concerns, or comments regarding these terms of service or the services provided by Mandalytics should be directed to [email protected].

XIV. Agreement

By using the services or software provided by Mandalytics, the customer agrees to all of the terms and conditions outlined in these terms of service. If the customer does not agree to any of these terms and conditions, they should not use the services or software provided by Mandalytics.

Website Management Package – Terms & Conditions

While we strive to provide the best service possible, we cannot be held responsible for issues that occur on websites that we do not host ourselves, or if other people are working on the website. In these cases, additional charges apply for support that stretches beyond plugin maintenance and configuration.

Our support covers issues related to the plugins included in the package and their configuration. We do not provide support for issues arising from third-party plugins, themes, or custom code not included in our package.

Should a customer choose to cancel the management plan, the installed plugins will remain operational. However, linked services, including image optimization and Analytics, as well as the ability to update plugins, will cease upon cancellation. Post-cancellation, customers have the option to substitute our premium plugin licenses with their own, ensuring uninterrupted updates.

Prices for the management package may change in the future. Customers will be notified of any changes in pricing.

Although we provide regular backups, we cannot be held responsible for any data loss that occurs on the customer’s website.

If we rely on any third-party services (for backups, for example), please note that we are not responsible for any changes or disruptions to these services.

The list of premium plugins may change year by year, due to developer abandonment, vulnerability & compatibility issues with future versions of the WordPress core and other plugins.

While our team performs standard functionality checks following each update, the responsibility for comprehensive testing rests with the customer. This includes in-depth testing of critical website elements such as contact forms, checkout procedures, and other operational aspects. Please note that our service does not cover any issues that may arise from these specific areas post-update.

In the event that a plugin update causes a disruption or breaks the website, our team will make every effort to rectify the issue. In the interim, to minimize downtime and disruption, we will roll back the website to the previously installed versions of the plugins. However, please note that investigating and fixing issues caused by a plugin update falls outside the scope of standard plugin maintenance and configuration covered in our management package. As such, additional charges will be required to fix any issues arising from a plugin update that disrupts the website’s functionality. The cost will be determined based on the complexity and extent of the issue. We will provide an estimate of these costs before proceeding with any additional work. It is the customer’s responsibility to approve these additional charges before we commence the recovery work.

In the event that we are locked out from accessing the website due to actions taken by the customer, such as restricting access or revoking credentials, we cannot be held responsible for the continuous delivery of backups and updates. It is the customer’s responsibility to ensure that our team has the necessary access and permissions to perform backups and updates effectively.

While we strive to ensure that our services align with data protection laws and regulations, including the General Data Protection Regulation (GDPR), it is the responsibility of the customer to ensure compliance with applicable data protection laws and regulations. We are not liable for any issues, penalties, or consequences that may arise due to the customer’s failure to adhere to these laws and regulations. It is the customer’s responsibility to review and implement appropriate measures to protect personal data, including obtaining necessary consents, implementing privacy policies, and maintaining compliance with applicable data protection requirements.

Our WordPress Management services are only available for active Mandalytics customers.