Terms of Service
2. Service Definitions
"Services" include but are not limited to:
- Social Media Marketing and Management
- Pay-Per-Click (PPC) Advertising
- Content Marketing and Creation
- Digital Strategy Consulting
- Analytics and Reporting
- Brand Management
3. User Responsibilities
As a user, you agree to:
- Provide accurate and complete information
- Maintain confidentiality of your account credentials
- Use services only for lawful purposes
- Not engage in unauthorized access or hacking
- Not transmit malware, viruses, or harmful content
- Not violate intellectual property rights
- Not use services for spam, harassment, or fraudulent activities
- Comply with all applicable laws and regulations
4. Intellectual Property Rights
4.1 Our Intellectual Property
All content on our website and services (including logos, text, graphics, design, software) is the intellectual property of Ads4Media or our partners. You may not reproduce, modify, or distribute this content without written permission.
4.2 Licensed Content
We grant you a non-exclusive, non-transferable license to use our services for your business purposes. This license does not permit you to:
- Resell or commercially exploit the services
- Remove or alter proprietary notices
- Reverse engineer or decompile
- Create derivative works without permission
4.3 Client Content
You retain ownership of all content you provide (logos, images, copy). By using our services, you grant us a limited license to use your content for service delivery and analytics.
5. Service Levels & Warranties
5.1 Service Availability
We aim for 99.5% uptime but do not guarantee uninterrupted service. Maintenance, updates, and unforeseen issues may cause temporary unavailability.
5.2 No Warranties
OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.3 Marketing Results Disclaimer
We cannot guarantee specific marketing results, sales, or ROI. Results depend on market conditions, industry factors, and implementation by clients. Past performance does not guarantee future results.
6. Payment Terms
6.1 Pricing & Billing
- Services are billed monthly or as per agreed contract
- Invoices are due within 30 days of issuance
- Late payments may incur a 1.5% monthly interest charge
- All prices are in INR unless otherwise specified
6.2 Payment Methods
We accept bank transfers, credit cards, debit cards, and digital wallets. Payment processing is handled by authorized third-party providers.
6.3 Refund Policy
- 30-Day Trial: Full refund if services don't meet expectations
- Ongoing Contracts: No refund for partially used months
- Early Termination: Subject to contract terms and penalties
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the fees paid in the preceding 12 months
- We are not responsible for third-party platform changes (Gmail, Facebook, Google Ads, etc.)
- We are not liable for delays or service interruptions beyond our control
8. Indemnification
You agree to indemnify and hold harmless Ads4Media from any claims, damages, or costs arising from:
- Your breach of these Terms
- Your violation of applicable laws
- Your content or provided materials
- Your use of our services in unauthorized ways
- Infringement claims related to your content
9. Termination
9.1 By Client
You may terminate services by providing 30 days written notice. Early termination may incur penalties as per contract.
9.2 By Ads4Media
We may terminate services immediately if you:
- Violate these Terms of Service
- Engage in illegal or fraudulent activities
- Fail to pay for services after 60 days
- Use our services to damage our reputation
9.3 Upon Termination
Upon termination, your access to services ends. We are not liable for data loss, but will provide reasonable time to retrieve your data.
10. Confidentiality
Both parties agree to maintain confidentiality of:
- Trade secrets and proprietary information
- Client lists and strategies
- Campaign performance data
- Analytics and reports
This does not apply to information that is publicly available or required to be disclosed by law.
11. Data Security & Compliance
- We comply with GDPR, CCPA, and Indian data protection laws
- We use industry-standard encryption and security protocols
- We maintain data backups for business continuity
- We conduct regular security audits
- We are not liable for data breaches caused by client negligence
12. Third-Party Services
Our services may integrate with third-party platforms (Google, Facebook, LinkedIn, etc.). We are not responsible for:
- Changes to third-party platform APIs or policies
- Service outages or account suspensions by third parties
- Third-party terms and privacy policies
- Compliance issues with third-party services
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of India, specifically the jurisdiction of Mumbai, Maharashtra.
13.2 Dispute Process
- Informal Resolution: 30 days good-faith negotiation
- Mediation: 60 days mediation process if needed
- Arbitration: Binding arbitration under ICC Arbitration Rules
- Litigation: Mumbai District Court as final recourse
13.3 Dispute Notification
Any dispute must be reported within 90 days of the incident.
14. Limitation Period
Any legal action against Ads4Media must be initiated within 2 years of the cause of action. After 2 years, all claims are barred.
✓ Compliance Notice
These Terms of Service comply with:
Indian Contract Act, 1872 • Indian Penal Code • Information Technology Act, 2000 • GDPR (EU) • CCPA (California) • Consumer Protection Act, 2019 (India)
Contact for Legal Inquiries
Email: legal@ads4media.com
Phone: +91 98765 43210
Address: 123 Digital Street, Tech Park, Mumbai, India - 400001
Response time: 10 business days for legal inquiries