Introduction

Welcome to Advertaction ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Advertaction governing your access to and use of our website at https://advertaction.com (the "Website") and the provision of our digital marketing, web development, design, search engine optimization, and related professional services (collectively, the "Services").

By accessing our Website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Website and Services.

1. Scope of Services

1.1 Service Description

Advertaction operates as a full-service digital marketing and web development agency based in Kolkata, India. Our Services encompass, but are not limited to:

• Digital marketing strategy and execution
• Search engine optimization (SEO)
• Web design and development
• Brand identity and design services
• Pay-per-click (PPC) advertising management

1.2 Service Agreements

The specific scope, deliverables, timelines, and pricing for each engagement shall be detailed in individual project proposals, quotations, or service agreements executed between the parties.

2. Definitions

3. Acceptable Use of Website

You agree not to engage in any activity that disrupts, damages, or impairs the functionality of the Website; attempt unauthorized access to our servers; or reproduce our content, logos, or intellectual property without prior written consent.

4. Client Obligations

You agree to provide accurate, complete, and timely information reasonably necessary for the successful execution of Services (access credentials, brand materials, etc.). You are responsible for reviewing deliverables promptly and providing clear feedback within agreed timeframes.

5. Scope Modifications

Any changes, additions, or modifications to the agreed scope of Services must be requested in writing via email and approved by Advertaction in writing. Verbal agreements do not constitute approved scope changes.

6. Payment Terms and Billing

All fees are due according to the schedule outlined in your service agreement. Payments not received by the due date may incur late payment interest at the rate of 1.5% per month and suspension of services.

7. Intellectual Property Rights

Upon receipt of full payment for Services, you shall own the final deliverables created specifically for you. Advertaction retains ownership of all preliminary concepts, drafts, and work-in-progress materials.

Portfolio Rights: Advertaction reserves the right to display completed projects in our portfolio, case studies, and marketing materials unless a written exclusion is requested.

8. Confidentiality

Both parties agree to maintain strict confidentiality regarding all proprietary, sensitive, or non-public information disclosed during the course of the engagement. This obligation survives the termination of the Agreement indefinitely.

9. Warranties and Disclaimers

We warrant that Services will be performed in a professional manner consistent with industry standards. However, Advertaction does not warrant or guarantee specific marketing outcomes, search engine rankings, or uninterrupted/error-free website operation. All services are provided "AS IS".

10. Limitation of Liability

To the maximum extent permitted by law, Advertaction shall not be liable for any indirect, incidental, or consequential damages (loss of profits, revenue, or data). Our aggregate liability shall not exceed the total fees paid by you during the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Advertaction and its team from any claims, damages, losses, or fees arising from your use of the Services, your violation of these Terms, or your violation of third-party intellectual property rights.

12. Third-Party Services and Links

Our Services may integrate with third-party platforms (Google Ads, Meta Ads, Web Hosting, etc.). Your use of third-party services is governed by their respective terms, and Advertaction assumes no responsibility for their functionality or availability.

13. Data Protection and Privacy

Our collection, use, and protection of personal data is governed by our Privacy Policy. We are committed to compliance with the DPDP Act, 2023 (India) and the GDPR (Europe).

14. Term and Termination

We reserve the right to suspend or terminate your access to the Website or Services immediately if you breach any provision of these Terms or fail to make timely payments. Upon termination, all outstanding fees become immediately due.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, epidemics, internet service provider failures, or power outages.

16. Dispute Resolution

The parties agree to first attempt to resolve any matter through good-faith negotiation. These Terms shall be governed by the laws of India, and any legal proceedings shall be brought exclusively in the courts of Kolkata, West Bengal, India.

17. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force. We reserve the right to modify or update these Terms at any time without prior notice.

18. Contact Information & Officers