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Terms of Service

Please read these terms carefully before using our website or engaging our services.

Effective Date: January 2025  |  Last Updated: January 2025

1. Acceptance of Terms

By accessing or using the website of Abhishek Dwivedi ("we," "us," or "our"), a digital marketing agency based in Delhi, India, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services. These terms apply to all visitors, users, and clients who access or use our website and services.

2. Description of Services

Abhishek Dwivedi provides digital marketing services including, but not limited to:

  • Performance Marketing (Google Ads, Meta Ads, and other paid advertising platforms)
  • Search Engine Optimization (SEO) including technical SEO, on-page SEO, and link building
  • eCommerce Growth strategy and implementation
  • Marketplace Management (Amazon, Flipkart, and other platforms)
  • Google My Business optimization and local SEO
  • Affiliate Marketing program setup and management
  • Digital marketing consulting and strategy development

The specific scope of services for each client engagement will be defined in a separate service agreement or proposal document.

3. Client Responsibilities

When engaging our services, clients agree to:

  • Provide accurate and complete information necessary for the delivery of services
  • Grant timely access to required accounts, platforms, and assets (e.g., Google Ads accounts, website CMS, analytics tools)
  • Respond to communications and approval requests within reasonable timeframes
  • Ensure that all content, materials, and information provided to us do not infringe upon third-party intellectual property rights
  • Comply with all applicable advertising platform policies and guidelines
  • Maintain ownership and control of their own domain names, hosting accounts, and platform accounts

4. Payment Terms

  • Service fees and payment schedules will be outlined in the specific service agreement or proposal for each engagement
  • Unless otherwise agreed upon in writing, invoices are due within 7 days of issuance
  • Ad spend budgets are separate from service fees and are paid directly to the advertising platforms by the client
  • Late payments may result in suspension of services until outstanding balances are settled
  • All fees are quoted in Indian Rupees (INR) unless explicitly stated otherwise
  • Applicable taxes (GST) will be added to all invoices as per Indian tax regulations

5. Intellectual Property

  • Our IP: All proprietary tools, methodologies, frameworks, templates, and processes used in delivering our services remain the intellectual property of Abhishek Dwivedi
  • Client IP: All client-provided content, brand assets, trademarks, and existing materials remain the property of the client
  • Work Product: Upon full payment of all outstanding invoices, clients receive a license to use deliverables (ad creatives, landing pages, reports, etc.) created specifically for their engagement
  • Portfolio Rights: We reserve the right to showcase anonymized results and case studies from client engagements in our portfolio, unless explicitly prohibited by written agreement

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. This includes but is not limited to business strategies, financial data, customer lists, marketing plans, and performance metrics. Confidentiality obligations survive the termination of any service agreement.

7. Disclaimers and Limitation of Liability

  • No Guaranteed Results: While we employ industry best practices and data-driven strategies, we cannot and do not guarantee specific results, rankings, traffic levels, or revenue outcomes. Digital marketing performance is influenced by numerous factors beyond our control, including market conditions, competition, platform algorithm changes, and client actions
  • Platform Dependencies: Our services rely on third-party platforms (Google, Meta, Amazon, etc.) whose policies, algorithms, and availability may change without notice. We are not liable for service disruptions or policy changes made by these platforms
  • Website "As Is": This website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied
  • Liability Cap: To the maximum extent permitted by applicable law, our total liability for any claims arising from or related to our services shall not exceed the total fees paid by the client in the three months preceding the claim

8. Termination

  • Either party may terminate a service engagement by providing 30 days written notice, unless otherwise specified in the service agreement
  • We reserve the right to immediately terminate services if the client engages in fraudulent, illegal, or unethical activities, or violates advertising platform policies
  • Upon termination, the client is responsible for payment of all services rendered up to the termination date, plus any pre-committed expenses
  • Upon termination, we will provide reasonable assistance in transitioning accounts and assets back to the client or their designated representative

9. Indemnification

You agree to indemnify, defend, and hold harmless Abhishek Dwivedi and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

10. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts in Delhi, India. Both parties agree to attempt to resolve disputes through good-faith negotiation before pursuing formal legal proceedings.

11. Changes to These Terms

We reserve the right to modify or update these Terms of Service at any time. Changes will be effective immediately upon posting to this website. Continued use of our website or services after any such changes constitutes your acceptance of the modified terms. We encourage you to review these terms periodically.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

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