1. Introduction
These Terms & Conditions (“Terms”) govern your access to and use of the website, services, products, and tools provided by the Company. By visiting or using www.anubhavagarwal.tech and/or purchasing any services, you agree to be bound by these Terms. If you do not agree, please do not access or use our Website or Services.
2. Scope of Services
We provide digital marketing, advertising, content, analytics, website and SaaS-related services, including but not limited to SEO, PPC, social media management, email marketing, landing page design, campaign management, analytics setup, and consulting (collectively, “Services”). Specific deliverables, timelines, and fees are set out in separate proposals, Statements of Work (SOW), or subscription agreements.
3. Eligibility & Account Registration
You must be at least 18 years of age and legally permitted to enter into binding contracts to use our Services. If you register for an account, you agree to provide accurate, current information and to promptly update that information if it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
4. Client Obligations
To enable effective delivery of Services, clients must:
- Provide accurate information, required access (ad accounts, analytics, hosting, CMS), and timely approvals;
- Ensure all materials provided (logos, copy, images) are owned by them or licensed for use;
- Comply with laws and third-party terms (platform policies like Google, Meta, etc.).
Delays, errors, or additional costs caused by client inaction or misinformation are the client’s responsibility.
5. Proposals, Acceptance & Changes
A proposal, quotation, or SOW becomes a binding agreement when accepted in writing or when you pay any required advance. Any change requests after acceptance may affect scope, timeline, and fees and will require written agreement.
6. Fees, Billing & Taxes
- Service fees are as specified in the applicable proposal or subscription plan.
- Payments are due as per invoice terms. Late payments may attract interest and/or suspension of Services.
- All fees are exclusive of applicable taxes, including GST; you are responsible for paying applicable taxes unless otherwise stated.
- For subscription Services, recurring billing continues until cancellation per the cancellation policy.
- Where applicable, we use PCI-DSS compliant payment processors; we do not store full card details on our servers.
7. Refunds & Cancellations
- One-time project fees are typically non-refundable once work has commenced unless otherwise agreed in writing.
- Subscription plans can be canceled per the plan terms; cancellations may require [number]-day notice. Partial refunds for subscriptions are governed by the relevant subscription policy and will be explicitly listed in the client agreement.
- Any disputes regarding refunds must be raised within 30 days of invoice issuance.
8. Intellectual Property Rights
- Company IP: All trademark, content, templates, processes, methodologies, and creative assets developed by us prior to or independent of the engagement remain our property.
- Client Materials: Clients retain ownership of the materials they supply. By providing such materials, clients grant us a limited, non-exclusive license to use them for the purpose of providing Services.
- Deliverables: Unless otherwise agreed in writing, ownership of final deliverables created specifically for the client transfers upon full payment. We retain the right to feature the work in our portfolio and marketing materials unless a confidentiality or non-disclosure agreement restricts such use.
9. Confidentiality
Both parties agree to keep confidential any non-public business, technical, or financial information disclosed during the engagement. Confidential information shall not be disclosed to third parties except (a) with written consent, (b) to professional advisors under confidentiality obligations, or (c) as required by law.
10. Warranties & Disclaimers
- We warrant that we will perform Services with reasonable skill and care consistent with industry standards.
- Except as expressly stated, Services are provided “as is” and we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We do not guarantee specific rankings, revenue targets, or business outcomes; performance depends on multiple external factors beyond our control (platform policies, market conditions, client execution).
11. Third-Party Platforms & Integrations
Our Services may require using, integrating with, or configuring third-party platforms (e.g., Google Ads, Meta, analytics, payment gateways). You acknowledge that such platforms have their own terms, data practices, and uptime considerations. We are not liable for third-party platform changes, outages, or policy enforcement.
12. Data Protection & Privacy
Your use of our Website and Services is governed by our Privacy Policy, which sets out how we collect, use, share, and protect personal data. We follow applicable Indian regulations (including the Information Technology Act and related rules) and global best practices where relevant.
13. Liability Limitation
To the maximum extent permitted by law:
- Our total aggregate liability arising from or related to these Terms shall not exceed the total fees paid by you to us for the specific Services giving rise to the claim in the 12 months preceding the claim.
- We shall not be liable for indirect, incidental, consequential, special, punitive damages, loss of profits, or loss of business opportunities.
14. Indemnification
You agree to indemnify, defend and hold harmless the Company and its officers, employees and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from: (a) your breach of these Terms; (b) your misuse of Services; (c) materials you provide that infringe third-party rights; or (d) your violation of applicable laws or platform policies.
15. Termination
Either party may terminate an engagement:
- For material breach by the other party if such breach remains uncured for [30] days after written notice.
- Immediately, if required by law or if the other party becomes insolvent.
On termination, all outstanding fees and expenses become immediately due. We may retain copies of work for record-keeping and compliance.
16. Force Majeure
We are not liable for delays or failures to perform due to events beyond reasonable control, including natural disasters, strikes, government actions, cyber incidents, power failures, pandemics, or internet outages. Performance timelines will be extended proportionately.
17. Notices
All notices under these Terms must be in writing and sent to the contact details provided in the client agreement or to the Company’s registered email/address. Notice is effective upon receipt.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Lakhimpur Kheri.
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If unresolved within 30 days, either party may proceed with legal remedies.
19. Amendments to Terms
We may update these Terms from time to time. Updated Terms will be posted on the Website with a revised “Last Updated” date. Significant changes will be communicated to registered clients by email. Continued use of our Services after updates constitutes acceptance of the revised Terms.
20. Miscellaneous
- Severability: If any provision is held invalid, the remaining provisions remain in effect.
- Waiver: Failure to enforce a right is not a waiver of that right.
- Assignment: You may not assign rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a corporate reorganization or sale.
By using our Website or Services, you confirm that you have read, understood, and agree to these Terms & Conditions.