Welcome to Makensearch.com (the “Website”), operated by Makensearch (“Makensearch,” “we,” “us,” or “our”), a digital agency based in Bangladesh.
These Terms and Conditions (“Terms”) govern your access to and use of:
The Website and its content;
Our contact forms, newsletters, and other online features; and
Our professional services, including website development, application development, search engine optimization, digital marketing, email marketing, AI chatbot development, graphic design, consulting, and related services (collectively, the “Services”).
By accessing the Website, submitting an inquiry, requesting a proposal, purchasing a Service, or otherwise engaging with us, you agree to these Terms and our Privacy Policy.
If you do not agree with these Terms, please do not use the Website or our Services.
2. Eligibility
You must be legally capable of entering into a binding agreement to purchase or use our Services.
If you use the Website or engage our Services on behalf of a business or another organization, you confirm that you have the authority to accept these Terms on its behalf. In that case, “you” includes both you and the relevant organization.
3. Website Information
The content published on the Website is provided for general informational and educational purposes. It should not be considered legal, financial, tax, or other regulated professional advice.
We aim to provide helpful and accurate information, but we do not guarantee that every article, price, product feature, discount, or third-party offer will always be complete, accurate, or current.
You should independently verify important information before making a purchase or business decision.
4. Our Services
We provide customized digital and consulting Services based on each client’s requirements.
The specific scope, deliverables, fees, payment schedule, estimated timeline, revision limits, responsibilities, and other project terms will normally be described in a separate:
Proposal;
Quotation;
Statement of work;
Project agreement;
Service agreement; or
Written confirmation accepted by both parties.
If a project-specific agreement conflicts with these Terms, the project-specific agreement will take priority regarding that project.
Any work outside the agreed scope may require additional fees and an adjusted delivery schedule.
5. Proposals and Estimates
Unless stated otherwise, proposals and quotations are valid only for the period specified in the applicable document.
Estimates are based on the information available when they are prepared. We may revise an estimate if:
The project scope changes;
The client requests additional work;
Previously unknown technical issues are discovered;
Required third-party products increase in price; or
The client’s actions or delays create additional work.
A project will not begin until any required agreement has been accepted and the initial payment has been received.
6. Client Responsibilities
When engaging our Services, you agree to:
Provide complete and accurate instructions;
Supply required content, credentials, files, and approvals on time;
Appoint an authorized contact person where appropriate;
Review work and provide clear feedback within the agreed period;
Make payments according to the agreed schedule;
Maintain backups of important information unless backup services are expressly included;
Obtain all necessary rights and permissions for materials you provide; and
Comply with applicable laws and third-party platform policies.
You confirm that any text, images, trademarks, customer data, software, files, or other materials you provide do not infringe another person’s intellectual property, privacy, or contractual rights.
We are not responsible for delays or additional costs caused by missing information, late feedback, changing instructions, or unavailable third-party access.
7. Fees, Payments, and Taxes
Service fees and payment schedules will be specified in the applicable proposal or agreement.
Unless otherwise stated:
Prices do not include applicable taxes, government charges, transaction fees, or currency-conversion costs;
An advance payment or deposit may be required before work begins;
Deposits reserve project time and may be non-refundable once work has started or resources have been allocated;
Remaining balances must be paid according to the agreed milestones;
Third-party expenses may require advance payment; and
Final deliverables may be withheld until all outstanding amounts are paid.
Overdue invoices may result in work being paused, access being suspended, or delivery being delayed. Late-payment charges will apply only when stated in the applicable agreement and permitted by law.
8. Cancellations and Refunds
Cancellation and refund eligibility will be governed by the applicable project agreement and any mandatory rights available under Bangladeshi law.
Unless otherwise agreed:
Payments for completed work are non-refundable;
Deposits may be non-refundable after work begins or project time is reserved;
Approved third-party costs are non-refundable once incurred;
Completed project milestones remain payable;
Refunds are not available solely because anticipated marketing, SEO, traffic, or revenue results were not achieved; and
Any approved refund may be reduced by completed work, administrative costs, transaction charges, and non-refundable third-party expenses.
If we cancel a project without cause before completing the paid work, we will provide an appropriate refund for the uncompleted portion, subject to the applicable agreement.
9. Project Timelines and Revisions
Delivery dates are good-faith estimates unless a deadline is expressly guaranteed in writing.
Timelines may change because of:
Changes to the project scope;
Delayed feedback or approvals;
Missing content or credentials;
Third-party service interruptions;
Technical complications;
Events outside our reasonable control; or
Additional revision requests.
The number of included revisions will be stated in the applicable proposal or agreement. Additional revisions or changes outside the agreed scope may incur extra fees.
10. Intellectual Property
Client Materials
You retain ownership of materials you provide to us. You grant us a limited license to use, reproduce, modify, and process those materials only as necessary to provide the Services.
Final Deliverables
Subject to full payment, you will receive the ownership rights or license stated in the applicable project agreement.
If the agreement does not specify otherwise, we grant you a non-exclusive, worldwide license to use the approved final deliverables for their intended business purpose after full payment.
Drafts, rejected concepts, unused designs, and incomplete work remain our property unless otherwise agreed in writing.
Our Pre-existing Materials
We retain ownership of our pre-existing:
Software components;
Code libraries;
Templates;
Frameworks;
Processes;
Design systems;
Know-how;
Automation;
Prompts;
Tools; and
Methodologies.
Where these materials are incorporated into a final deliverable, we grant you a license to use them as part of that deliverable. You may not separately sell, copy, extract, sublicense, or redistribute them unless we authorize it in writing.
Third-Party Materials
Deliverables may include third-party software, fonts, plugins, stock media, themes, APIs, or other licensed components. Your use of those materials is subject to the third party’s license and terms.
You are responsible for ongoing third-party license, subscription, hosting, domain, renewal, and maintenance costs unless otherwise agreed.
11. Portfolio Rights
Unless prohibited by a written confidentiality agreement, we may identify you as a client and display publicly released work in our portfolio, case studies, presentations, social media, and promotional materials.
You may request an exclusion in writing before the project begins. We will not intentionally publish confidential information or private credentials.
12. Confidentiality
Each party agrees to use reasonable care to protect confidential information received from the other party and to use it only for the relevant business relationship.
Confidential information does not include information that:
Is already publicly available through no breach of these Terms;
Was lawfully known before disclosure;
Is received lawfully from another source;
Is independently developed; or
Must be disclosed under applicable law or a valid legal order.
Additional confidentiality obligations may be included in a separate agreement.
13. Affiliate Links and Referral Relationships
The Website, newsletters, and other content may contain affiliate or referral links. If you follow one of these links and make an eligible purchase, we may earn a commission, credit, discount, or another benefit.
Unless expressly stated by the merchant, this normally does not increase the price you pay. However:
Offers, prices, discounts, and eligibility may change;
A discount displayed on our Website is not guaranteed;
The merchant’s checkout page shows the final price and terms;
Affiliate merchants operate independently from Makensearch; and
We are not responsible for third-party products, transactions, support, refunds, warranties, or data practices.
Our recommendations may be influenced by commercial relationships, but we aim to provide honest and useful information. You should independently evaluate whether a product or service is suitable for your needs.
Material affiliate relationships will be disclosed in accordance with applicable requirements. Please also review our separate Affiliate Disclosure.
14. Advertising and Google AdSense
We may display advertisements through Google AdSense or other advertising providers.
Advertisements are selected, delivered, and managed partly or entirely by third parties. We do not necessarily:
Select every advertisement;
Endorse advertised products or claims;
Control the advertiser’s website;
Guarantee an advertised offer; or
Accept responsibility for transactions with advertisers.
Advertising providers may use cookies and similar technologies as explained in our Privacy Policy and cookie-consent notices. Where legally required, consent choices will be provided before using non-essential advertising technologies.
Your use of the Website does not replace any consent required under applicable privacy law.
You must not:
Click advertisements repeatedly or dishonestly;
Encourage other people to click advertisements artificially;
Use bots, automated traffic, click exchanges, or incentivized traffic;
Manipulate impressions, clicks, conversions, or engagement; or
Interfere with advertising measurement or security systems.
Suspected invalid activity may be reported to the relevant advertising provider or authorities.
15. Third-Party Services and Links
The Website and our deliverables may contain links to, integrations with, or content from third parties, including:
Hosting providers;
Domain registrars;
Plugins and themes;
Payment processors;
Analytics services;
Advertising networks;
Affiliate merchants;
Email platforms;
Social media platforms;
AI services; and
Software-as-a-service providers.
Third-party services are governed by their own terms, licenses, prices, privacy policies, and availability.
We are not responsible for third-party content, security, availability, performance, policy changes, account suspensions, data loss, or business practices. Your dealings with third parties are between you and the relevant provider.
16. Acceptable Use
You may not use the Website or our Services to:
Violate applicable laws or regulations;
Commit fraud or impersonate another person;
Infringe intellectual property or privacy rights;
Distribute malware, spam, or harmful code;
Attempt unauthorized access to systems or accounts;
Scrape, copy, or republish substantial Website content without permission;
Disrupt the Website or its security;
Generate artificial advertising or affiliate activity;
Publish unlawful, deceptive, defamatory, hateful, or exploitative material; or
Use our Services for activities prohibited by an applicable third-party platform.
We may restrict or terminate access when we reasonably believe these Terms have been violated.
17. SEO and Marketing Disclaimer
SEO, advertising, content marketing, email marketing, conversion optimization, and similar Services involve factors outside our control.
Unless expressly stated in a signed agreement, we do not guarantee:
Search-engine rankings;
Website traffic;
Advertising approval;
Google AdSense approval or continued participation;
Social-media reach;
Email deliverability;
Leads, conversions, or sales;
Affiliate commissions;
Revenue, profit, or return on investment; or
Protection from search-engine or platform changes.
Search engines, advertising networks, social platforms, affiliate programs, and other providers may change their algorithms, policies, prices, or services without notice.
Past results and examples do not guarantee future performance.
18. Website, Hosting, and Software Disclaimer
Websites, hosting systems, plugins, themes, APIs, AI services, and other software may experience downtime, defects, security vulnerabilities, compatibility issues, or service interruptions.
Unless expressly included in a maintenance agreement, we do not guarantee:
Uninterrupted website availability;
Error-free operation;
Protection against every cyberattack;
Permanent compatibility with future software updates;
Recovery of information without a valid backup; or
Continued availability of third-party services.
You are responsible for maintaining appropriate backups, security controls, licenses, and maintenance arrangements after project delivery.
19. AI-Generated or AI-Assisted Output
Some Services may use artificial intelligence tools to assist with research, writing, design, code, automation, or other tasks.
AI output may contain mistakes, omissions, similarities to existing material, or unsuitable recommendations. Unless otherwise agreed, you are responsible for reviewing and approving AI-assisted output before publishing or relying on it.
We do not guarantee that AI-generated output will be unique, accurate, legally compliant, or suitable for a particular purpose.
20. Disclaimers
We will perform contracted Services with reasonable professional care, subject to the applicable agreement.
Except for warranties expressly provided in writing and any rights that cannot legally be excluded, the Website, its content, recommendations, and Services are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, we disclaim implied warranties relating to merchantability, fitness for a particular purpose, non-infringement, availability, and accuracy.
Nothing in these Terms excludes any warranty, remedy, or consumer right that cannot legally be excluded.
21. Limitation of Liability
To the maximum extent permitted by applicable law, Makensearch will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, including loss of:
Revenue or profit;
Business opportunities;
Customers or goodwill;
Data;
Search rankings;
Advertising or affiliate accounts; or
Anticipated savings.
Our total aggregate liability arising from a specific Service will not exceed the amount you paid to us for that Service during the six months immediately preceding the event giving rise to the claim, or another limit expressly stated in the applicable agreement.
For claims relating only to free Website use, our liability will be limited to the maximum extent permitted by law.
These limitations do not apply where liability cannot lawfully be limited or excluded.
22. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold Makensearch and its personnel harmless from third-party claims, damages, losses, liabilities, and reasonable costs arising from:
Materials or instructions you provide;
Your infringement of another party’s rights;
Your unlawful use of the Website or Services;
Your breach of these Terms or a project agreement; or
Your misuse of a deliverable after delivery.
We will provide reasonable notice of a covered claim and allow appropriate participation in its defense.
23. Suspension and Termination
We may suspend or terminate Website access or Services if:
You materially breach these Terms or a project agreement;
An invoice remains overdue;
You request illegal, harmful, or unethical work;
Continuing the relationship creates a security or legal risk; or
A third-party provider prevents us from continuing the Services.
Either party may terminate a project according to the applicable agreement.
Termination does not remove obligations that arose before termination, including outstanding payments. Provisions concerning payments, confidentiality, intellectual property, disclaimers, liability, indemnification, and disputes will survive where applicable.
24. Force Majeure
Neither party will be responsible for delays caused by events beyond reasonable control, including natural disasters, severe weather, war, civil unrest, government restrictions, labor disputes, internet outages, power failures, cyberattacks, epidemics, or failures of third-party infrastructure.
The affected party should notify the other party and take reasonable steps to reduce the impact.
25. Privacy
Our collection and use of personal information are governed by our Privacy Policy, which forms part of these Terms.
The Privacy Policy explains our practices concerning cookies, Google AdSense, analytics, affiliate tracking, contact forms, newsletters, and third-party providers.
Update this URL if your actual page uses a different address.
26. Changes to These Terms
We may update these Terms to reflect changes to our Website, Services, business practices, or legal obligations.
The revised Terms will be posted on this page with a new “Last updated” date. Changes will apply from the published effective date unless otherwise stated.
Updates to these Website Terms will not retroactively change a signed project agreement unless both parties agree or the change is required by law.
27. Governing Law and Disputes
These Terms are governed by the laws of the People’s Republic of Bangladesh, without regard to conflict-of-law principles.
The parties should first attempt to resolve a dispute through good-faith written discussions. If the dispute cannot be resolved, it will be submitted to a court of competent jurisdiction in Bangladesh, subject to any different dispute-resolution terms contained in a project-specific agreement.
Nothing in this section prevents either party from seeking urgent injunctive or protective relief where legally available.
28. General Provisions
Entire Agreement
These Terms, our Privacy Policy, and any applicable project agreement constitute the agreement between you and Makensearch regarding their subject matter.
Severability
If any provision is found unenforceable, the remaining provisions will continue in effect. The unenforceable provision will be modified only as much as necessary to make it enforceable where permitted.
No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
Assignment
You may not transfer your rights or obligations under a service agreement without our written permission. We may transfer our rights and obligations as part of a business restructuring, merger, or sale, subject to applicable law.
No Partnership
These Terms do not create an employment, partnership, joint-venture, franchise, or agency relationship between you and Makensearch.
Electronic Communications
You agree that proposals, approvals, notices, invoices, and agreements may be delivered electronically, subject to applicable law.