Terms & Conditions

1. Agreement to Terms

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.

2. Our Services

We Love Digital Marketing provides a range of digital marketing services including, but not limited to:

• Paid advertising (Meta Ads, Google Ads, LinkedIn Ads, YouTube Ads)
• Search Engine Optimisation (SEO) — on-page, off-page, and technical
• Social media management and content marketing
• Landing page and website design & development
• Email marketing and marketing automation
• Brand strategy and creative consulting
• Analytics, reporting, and campaign management

Service Scope

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.

3. Client Obligations

To enable us to deliver effectively, the Client agrees to:

• Provide timely access to necessary accounts (ad accounts, analytics, website, social media)
• Supply required brand assets, content approvals, and materials within agreed timelines
• Designate a single point of contact with authority to provide approvals and feedback
• Respond to communications and approval requests within 48 business hours
• Ensure all information provided to the Agency is accurate, current, and not misleading
• Ensure that products and services being marketed comply with applicable laws and regulations
• Not share Agency strategies, reports, or proprietary methodologies with third parties

4. Payments & Fees

Invoicing

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.

Payment Terms

• Invoices are due within 7 calendar days of issue
• A non-refundable onboarding/setup fee may apply for new engagements
• Delayed payments beyond 15 days may result in campaign pause without liability to the Agency
• Payments beyond 30 days will attract an interest charge of 2% per month on the outstanding amount

Ad Spend

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.

Refund Policy

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.

5. Intellectual Property

Client-Owned Assets

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.

Agency-Created Work

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.

Portfolio Use

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.

6. 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.

7. Results Disclaimer

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:

• Market conditions, competition, and industry seasonality
• Platform algorithm changes (Google, Meta, etc.)
• Quality of the Client’s product or service and pricing
• Client’s responsiveness and cooperation in executing recommendations
• External economic factors

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• The Agency’s total liability to the Client for any claim arising from this agreement shall not exceed the total fees paid by the Client in the preceding 3 months
• The Agency shall not be liable for indirect, consequential, incidental, or punitive damages including loss of revenue, profit, goodwill, or data
• The Agency is not liable for losses arising from platform policy changes, account suspensions by third-party platforms, or force majeure events

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.

9. Termination

By Either Party

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.

Immediate Termination

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.

Post-Termination

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.

10. Dispute Resolution

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.

11. Governing Law

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.

12. Miscellaneous

Entire 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.

Amendments

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.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Failure by either party to enforce any provision shall not constitute a waiver of future enforcement of that provision.