Terms & Conditions

Overview & Acceptance

These Terms & Conditions ("Terms") govern your access to and use of the website https://www.growellmarketing.com and the digital marketing services provided by Growell Marketing ("we", "us", "our", "the Agency"), including Meta Ads management, Google Ads management, Google Business Profile (GBP) optimization, search engine optimization (SEO), website design, and branding services.

By using our website, submitting an enquiry, or engaging our services, you ("Client", "you") agree to be bound by these Terms.

These Terms apply to clients globally, including within Ajmer, the European Union, the United Kingdom, and other jurisdictions, unless a separate signed agreement between you and the Agency expressly states otherwise, in which case that agreement will prevail over any conflicting provision here.

1. Services Provided

Subject to a mutually agreed scope of work, proposal, or invoice, we may provide any combination of the following services:

• Meta Ads (Facebook & Instagram): Campaign strategy, audience targeting, setup, and performance management.
• Google Ads: Search, Display, and Video campaign strategy, setup, and conversion management.
• Google Business Profile (GBP): Optimization, citation management, and local ranking services.
• Search Engine Optimization (SEO): Technical SEO, on-page optimization, and off-page authority building.
• Website Design & Development: UI/UX design, custom landing pages, and web development.
• Branding & Creative Services: Brand strategy, graphic design, and copywriting.

The specific scope, deliverables, timelines, and fees for each engagement will be confirmed in writing (via proposal, invoice, email, or signed agreement) prior to commencement.

2. Client Responsibilities

• Account Access: Provide timely access to relevant accounts (e.g., Meta Business Manager, Google Ads, Google Business Profile, website/hosting/CMS credentials) needed to perform the services.
• Information & Approvals: Provide accurate business information, creative assets, and approvals within agreed timeframes.
• Legal Compliance of Assets: Ensure that any content, images, trademarks, or claims supplied to us for use in campaigns or on the website do not infringe third-party rights and comply with applicable advertising and consumer protection laws in the Client's target markets.
• Ad Spend Budget: Maintain sufficient advertising budget in their own ad accounts, where the Client retains ownership of the ad account.

3. Fees, Payment, and Ad Spend

3.1 Service Fees

Fees for our services are set out in the applicable proposal or invoice and are payable in the currency specified (INR, EUR, GBP, USD, or otherwise agreed). Unless otherwise stated, invoices are due within the payment period specified on the invoice.

3.2 Advertising Spend Is Separate From Service Fees

Where campaigns are run on Meta, Google, or other advertising platforms, our service fees are for management and strategy only and do not include the advertising spend itself. Ad spend is billed directly by the advertising platform to the Client's own payment method on the ad account, unless expressly agreed otherwise in writing. The Agency is not responsible for platform-level charges, currency conversion fees, or taxes applied by the advertising platform.

3.3 Late Payment

We reserve the right to pause services, including active ad campaigns, for accounts with overdue payments, and to charge reasonable interest or late fees as permitted by applicable law.

4. Refunds and Cancellation

• Earned Fees: Service fees already earned for work performed (including strategy, setup, and management time) are non-refundable.
• Deployed Ad Spend: Advertising spend that has already been deployed to a platform (Meta, Google, etc.) is non-refundable, as it is controlled by that platform, not the Agency.
• Monthly Retainers: Ongoing monthly retainers may be cancelled by either party with the notice period specified in the applicable proposal or agreement (or, if unspecified, 30 days' written notice).
• One-Time Projects: One-time projects (e.g., website design, branding) follow the payment milestones agreed in the project proposal; deposits paid to reserve work or cover initial costs are generally non-refundable once work has commenced.

5. Intellectual Property

Upon full and final payment, the Client will own the final approved deliverables created specifically for them (e.g., final website files, final ad creatives, final logo/brand assets), except for any third-party licensed assets (stock photos, fonts, plugins, themes) which remain subject to their original licenses.

Until full payment is received, all work product remains the intellectual property of the Agency.

The Agency retains the right to use non-confidential aspects of completed work (e.g., campaign screenshots, website design, case study metrics) in its own portfolio, marketing materials, and case studies, unless the Client requests confidentiality in writing.

Any pre-existing tools, templates, frameworks, or proprietary processes used by the Agency to deliver services remain the property of the Agency.

6. Confidentiality

Both parties agree to keep confidential any non-public business, financial, or technical information disclosed during the engagement, and to use it only for the purposes of the engagement. This obligation survives termination of the engagement.

7. Third-Party Platforms Disclaimer

Our services depend on third-party advertising and technology platforms, including Meta, Google, and website hosting providers. The Agency:

• Does not control, and is not liable for, the policies, algorithm changes, account suspensions, ad rejections, or downtime of these third-party platforms.
• Cannot guarantee specific results (e.g., rankings, leads, sales, ROAS), as outcomes depend on factors outside our control, including market conditions, platform behavior, and Client-provided assets or budget.
• Will use reasonable professional skill and industry best practices to manage campaigns and optimize performance.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Growell Marketing's total liability arising out of or relating to the services shall not exceed the total fees paid by the Client to the Agency in the three (3) months preceding the claim. The Agency shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.

Nothing in these Terms limits liability that cannot be excluded or limited under applicable law, including in relation to gross negligence, wilful misconduct, or statutory consumer rights in the Client's jurisdiction.

9. Indemnification

The Client agrees to indemnify and hold harmless the Agency from claims, damages, or expenses arising from: (a) content, claims, or assets provided by the Client that infringe third-party rights or violate applicable law; (b) the Client's breach of these Terms; or (c) the Client's use of deliverables in a manner not authorized by the Agency.

10. Termination

Either party may terminate an ongoing engagement in accordance with the notice period specified in the applicable proposal or agreement. Upon termination, the Client remains responsible for fees owed for work performed up to the termination date, and any pre-paid ad spend already deployed to a platform is non-refundable.

11. Governing Law and Jurisdiction

Unless a separate signed agreement specifies otherwise, these Terms are governed by the laws of Ajmer, and any disputes shall be subject to the exclusive jurisdiction of the courts of Ajmer, Rajasthan, Ajmer.

For Clients based in the EU/EEA, UK, or other jurisdictions with mandatory local consumer protection laws, nothing in this clause overrides any statutory rights you may have under the laws of your own country of residence.

12. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation. If unresolved within 30 days, either party may pursue formal dispute resolution, including mediation, arbitration, or litigation, as provided under the governing law referenced in Section 11.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services or applicable law. The "Effective Date" at the top of this page indicates the latest revision. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.