Terms & Conditions

These Terms and Conditions (“Agreement”, “Terms”) constitute a legally binding contract between Bengal Cyber (“Agency”, “we”, “us”, or “our”), having offices located in Gulshan 1, Dhaka and Savar, Dhaka, Bangladesh, and the individual, business, or corporate entity (“Client”, “you”, or “your”) accessing or commissioning our digital marketing, software development, creative design, and consulting services.

By engaging Bengal Cyber through a signed Service Level Agreement (SLA), Statement of Work (SOW), formal invoice settlement, verbal confirmation confirmed via written channels (email/WhatsApp), or by accessing any deliverables produced by our agency, you explicitly agree to comply with and be bound by all terms articulated herein.

If you are entering into this Agreement on behalf of a corporate entity, private limited company, or partnership registered in Bangladesh or abroad, you warrant and represent that you possess full legal authorization to bind said entity to these Terms.

All advertising campaigns, web content, digital media buying, and client communications engineered by Bengal Cyber strictly comply with the legislative statutory statutes of the People’s Republic of Bangladesh, including:

• Information and Communication Technology (ICT) Act, 2006 (as amended in 2013) and contemporary Cyber Security / Digital Security frameworks.
• The Contract Act, 1872 governing business agreements, consideration, mutual consent, and performance obligations.
• Consumer Rights Protection Act, 2009 strictly barring deceptive marketing, exaggerated false claims, bait-and-switch advertising, and unverified product certifications.
• Digital Commerce Operation Guidelines 2021 issued by the Ministry of Commerce (MoC), Bangladesh, for e-commerce clients regarding transparent pricing, return policies, delivery commitments, and merchant disclosures.
• Bangladesh Bank Foreign Exchange Guidelines governing international advertising currency expenditures, card endorsements, and cross-border remittance compliance.

Dual-Currency & Card Endorsement: Under Bangladesh Bank regulations, digital advertising payments remitted abroad require a dual-currency credit card endorsed against a valid Bangladeshi passport. Clients may fund ad spend using their own endorsed cards or opt for agency-facilitated media buying with verified bank clearance.

15% VAT on Digital Advertisements (NBR): The National Board of Revenue (NBR) of Bangladesh levies a statutory 15% Value Added Tax (VAT) on digital advertising purchases rendered by foreign platforms (Meta, Google). The Client is strictly responsible for all statutory VAT and Advance Income Tax (AIT) deductions applicable under Bangladesh tax law.

Platform Autonomy & Algorithmic Volatility: While Bengal Cyber follows advertising best practices and Meta/Google Ad Policies religiously, advertising platforms utilize automated AI algorithms. Bengal Cyber is not liable for account reviews, algorithmic fluctuations, CPM spikes, or platform-side ad rejections triggered by client product categories or historical ad account status. We provide expert dispute appeal assistance in good faith.

Transfer of Final Deliverables: Upon 100% receipt of all agreed fees and invoices, full intellectual property rights, commercial licenses, and source files for approved deliverables (custom website source code, published social posters, final edited videos, approved logos) transfer exclusively to the Client.

Agency Proprietary Assets: Bengal Cyber retains all rights, title, and ownership in proprietary coding frameworks, internal boilerplate architectures, design system foundations, media buying spreadsheets, pitch decks, and unselected draft concepts.

Portfolio & Case Study Showcase: Unless explicitly restricted by an executed Non-Disclosure Agreement (NDA), Bengal Cyber reserves the standard right to showcase public marketing graphics, website design screenshots, campaign performance metrics (with confidential financial identifiers masked), and brand credits in our agency portfolio, awards submissions, and promotional materials.

Deployment & 30-Day Warranty: Bengal Cyber delivers websites built to rigorous modern engineering standards (Next.js, React, Tailwind CSS). Every custom web project includes a complimentary thirty (30) day warranty post-launch to resolve any reproducible bugs, broken layout links, or rendering defects at no additional cost.

Third-Party Hosting & API Disclaimers: While we configure hosting, cPanel, SSL certificates, and DNS records according to industry best practices, Bengal Cyber does not own or operate third-party server infrastructure (such as AWS, Cloudflare, cPanel hosting providers, or Bangladeshi SMS gateways). We are not liable for outages, server crashes, or API latency originating from third-party hosting companies.

Ongoing Maintenance: Long-term version upgrades, server security hardening, regular database backups, and content updates require an active Monthly Maintenance SLA with Bengal Cyber.

Commercial Outcome Disclaimer: Digital marketing and advertising optimize brand exposure, targeting precision, customer acquisition funnels, and click-through rates. However, overall commercial success, profit margins, and sales conversions ultimately depend on the Client’s product pricing, product quality, market demand, customer service speed, and supply chain fulfillment. Bengal Cyber explicitly disclaims any warranties of specific financial profit or revenue targets.

Cap on Damages: To the maximum extent permitted under Bangladesh law, Bengal Cyber’s cumulative aggregate liability arising from any cause of action, negligence, or breach of contract shall be strictly capped at the total service fees actually paid by the Client to Bengal Cyber during the three (3) calendar months immediately preceding the incident.

Under no circumstances shall either party be held liable for indirect, incidental, punitive, or consequential damages (including loss of business opportunity or loss of anticipated profits).

Governing Law: This Agreement shall be construed, interpreted, and governed in accordance with the substantive laws of the People’s Republic of Bangladesh.

Amicable Consultation: In the event of any operational or contractual dispute, both parties commit to engaging in good-faith executive negotiations for thirty (30) calendar days prior to initiating formal legal proceedings.

Arbitration & Jurisdiction: If amicable settlement fails, the dispute shall be resolved through arbitration pursuant to the Arbitration Act, 2001 of Bangladesh. The seat and venue of arbitration shall be Dhaka, Bangladesh, conducted in the English or Bengali language. The civil courts located in Dhaka, Bangladesh, shall possess exclusive legal jurisdiction.