Last updated: 01 January 2025 · Effective immediately upon publication
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client”) and We Love Digital Marketing (“Agency”, “we”, “us”, “our”), governing the use of our website and engagement of our digital marketing services.
By accessing our website, submitting an enquiry, signing a proposal, or making a payment, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.
We Love Digital Marketing provides a range of digital marketing services including, but not limited to:
The specific scope of services, deliverables, timelines, and fees will be detailed in a separate Scope of Work (SOW) or Proposal document. The SOW forms an integral part of this agreement. Any work outside the agreed scope requires a written change order and may incur additional charges.
To enable us to deliver effectively, the Client agrees to:
Fees are as agreed in the Proposal or SOW. Invoices are issued monthly in advance unless otherwise agreed. Ad spend budgets are billed separately and must be maintained in the respective platform accounts unless direct billing is arranged.
Ad spend budgets paid directly to platforms (Google, Meta, etc.) are separate from Agency fees. The Agency is not responsible for charges levied by third-party platforms. Unused ad budget is not refunded by the Agency as it is held in platform accounts.
Agency service fees are non-refundable once work has commenced. If the Agency fails to deliver the agreed scope due to its own default, a pro-rata refund of fees for undelivered services may be considered at the Agency’s discretion.
All brand assets, trademarks, content, and data supplied by the Client remain the Client’s intellectual property. The Client grants the Agency a limited licence to use these solely for delivering the agreed services.
Upon full and final payment of all outstanding invoices, ownership of campaign creatives, copy, and deliverables created specifically for the Client transfers to the Client. Ownership of underlying tools, templates, proprietary methodologies, processes, and frameworks developed by the Agency remains with the Agency at all times.
The Agency reserves the right to reference the Client’s business name and general campaign results in its portfolio, case studies, and marketing materials unless the Client provides a written request for confidentiality.
Both parties agree to keep confidential all non-public information shared during the engagement, including but not limited to business strategies, financial data, customer data, campaign performance, and proprietary methods. This obligation continues for 2 years after the termination of the engagement.
Confidentiality obligations do not apply to information that: (a) becomes publicly known without breach; (b) was known to the receiving party before disclosure; (c) is required to be disclosed by law.
We are proud of the results we have delivered for our clients and stand behind our work. However, digital marketing results depend on numerous factors beyond our direct control, including:
To the fullest extent permitted by applicable law:
The Client indemnifies the Agency against any claims, losses, or expenses arising from inaccurate information provided by the Client, or from the Client’s own violation of applicable laws.
Either party may terminate the engagement by providing 30 days’ written notice. During this notice period, all active campaigns will continue and all due payments remain payable.
The Agency may terminate immediately, without notice, if the Client: fails to pay invoices within 30 days; provides false or misleading information; engages in illegal activity; or acts in a manner that harms the Agency’s reputation. In such cases, all outstanding fees become immediately due.
Upon termination, the Agency will provide the Client with all campaign data, creatives (for which payment has been made), and access credentials within 10 business days. The Agency will cease all campaign activity on the effective termination date.
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to mediation conducted by a mutually agreed mediator in Kolkata, West Bengal.
If mediation fails, the matter shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in Kolkata.
These Terms shall be governed by and construed in accordance with the laws of India. Subject to the dispute resolution clause above, the courts of Kolkata, West Bengal shall have exclusive jurisdiction over any proceedings arising from this agreement.
These Terms, together with any executed Proposal or SOW, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.
We reserve the right to amend these Terms at any time. Updated Terms will be posted on our website. Continued engagement after posting constitutes acceptance.
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
Failure by either party to enforce any provision shall not constitute a waiver of future enforcement of that provision.