Terms & Conditions

Terms and Conditions

Last Updated: October 19, 2025

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
Content creation and marketing
Social media management
Pay-per-click 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

“Agreement” means the contractual relationship established when you accept these Terms or formally engage our Services.

“Client” or “you” refers to any individual, company, or organization accessing our Website or utilizing our Services.

“Deliverables” means the final work products, materials, or results specified in the service agreement.

“Services” means all professional services provided by Advertaction as described in Section 1.

“Website” refers to https://advertaction.com and all associated subdomains and pages.

3. Acceptable Use of Website

3.1 Permitted Use

You may access and use our Website for lawful purposes only and in accordance with these Terms.

3.2 Prohibited Activities

You expressly agree not to:

Engage in any activity that disrupts, damages, or impairs the functionality of the Website
Attempt unauthorized access to our servers, networks, or systems
Use automated systems or software to extract data from the Website without authorization
Reproduce, distribute, or commercially exploit our content, logos, or intellectual property without prior written consent
Transmit viruses, malware, or any harmful code
Violate any applicable laws or regulations

3.3 Enforcement

We reserve the right to suspend or terminate access to our Website for any user who violates these Terms, without prior notice or liability.

4. Client Obligations

4.1 Information Provision

You agree to provide accurate, complete, and timely information reasonably necessary for the successful execution of Services, including but not limited to access credentials, brand materials, and project specifications.

4.2 Review and Approval

You are responsible for:

Reviewing all deliverables promptly upon submission
Providing clear, consolidated feedback within agreed timeframes
Approving final deliverables in writing

4.3 Timely Payment

All invoices must be paid according to the payment terms specified in your service agreement.

4.4 Cooperation

You acknowledge that delays caused by your failure to fulfill these obligations may impact project timelines and may result in additional charges.

5. Scope Modifications

Any changes, additions, or modifications to the agreed scope of Services must be:

Requested in writing via email or formal change request
Acknowledged and approved by Advertaction in writing
Subject to revised pricing and timelines as determined by Advertaction

Verbal agreements or informal communications do not constitute approved scope changes.

6. Payment Terms and Billing

6.1 Payment Obligations

All fees and charges are due in accordance with the payment schedule outlined in your service agreement or invoice.

6.2 Taxes

All prices are exclusive of applicable taxes, levies, or duties unless explicitly stated otherwise. You are responsible for all applicable taxes.

6.3 Late Payment

Payments not received by the due date may incur:

Late payment interest at the rate of 1.5% per month (or the maximum rate permitted by law)
Suspension or termination of Services until payment is received
Withholding of deliverables pending payment

6.4 Recurring Services

For subscription-based or recurring services (including but not limited to SEO retainers, hosting, and maintenance), billing cycles, auto-renewal terms, and cancellation policies will be specified in your service agreement.

6.5 Refund Policy

All payments are non-refundable unless:

Explicitly stated in your service agreement
Required by applicable law
Agreed upon in writing by Advertaction

7. Intellectual Property Rights

7.1 Ownership of Website Content

All content, design elements, graphics, code, trademarks, and materials displayed on the Website are the exclusive property of Advertaction or its licensors and are protected by applicable copyright, trademark, and intellectual property laws.

7.2 Ownership of Deliverables

Upon receipt of full payment for Services:

You shall own the final deliverables created specifically for you, subject to any third-party licenses
Advertaction retains ownership of all preliminary concepts, drafts, and work-in-progress materials
Any specific ownership terms shall be outlined in your service agreement

7.3 Portfolio Rights

Advertaction reserves the right to:

Display completed projects in our portfolio, case studies, and marketing materials
Reference you as a client in business development activities
Retain copies of deliverables for archival and quality assurance purposes

You may request exclusion from portfolio use by providing written notice.

7.4 Third-Party Components

Deliverables may incorporate third-party software, plugins, fonts, stock images, or other licensed components, which remain subject to their respective licenses.

8. Confidentiality

8.1 Confidential Information

Both parties agree to maintain strict confidentiality regarding all proprietary, sensitive, or non-public information disclosed during the course of the engagement, including but not limited to:

Business strategies and plans
Technical information and processes
Financial data
Customer information
Unpublished materials

8.2 Duration

The confidentiality obligation shall survive the termination of the Agreement indefinitely, except where disclosure is required by law or court order.

8.3 Exceptions

Confidential information does not include information that:

Is or becomes publicly available through no breach of this Agreement
Was rightfully in the receiving party’s possession prior to disclosure
Is independently developed without reference to confidential information

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 No Guarantee of Results

Advertaction does not warrant or guarantee:

Specific marketing outcomes, including but not limited to search engine rankings, website traffic volumes, conversion rates, or revenue generation
Uninterrupted or error-free website operation
Complete compatibility with all devices, browsers, or third-party software
Specific timeframes for SEO or marketing results

9.3 “AS IS” Provision

Except as expressly stated herein, all Services and deliverables are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

10.1 Excluded Damages

To the maximum extent permitted by applicable law, Advertaction shall not be liable for:

Indirect, incidental, consequential, special, or punitive damages
Loss of profits, revenue, business opportunities, or data
Business interruption or reputational harm
Costs of procurement of substitute goods or services

10.2 Liability Cap

Our aggregate liability arising out of or related to these Terms or the Services, regardless of the form of action (whether contract, tort, negligence, or otherwise), shall not exceed the total fees paid by you to Advertaction for the specific Services giving rise to the claim during the twelve (12) months preceding the claim.

10.3 Third-Party Services

We are not responsible or liable for:

Failures, interruptions, or changes to third-party services (including hosting providers, advertising platforms, payment processors, or software vendors)
Actions or omissions of third-party service providers
Data breaches or security incidents originating from third-party systems

11. Indemnification

You agree to indemnify, defend, and hold harmless Advertaction, its affiliates, directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

Your use of the Website or Services
Your violation of these Terms
Your violation of any rights of third parties, including intellectual property rights
Any content or materials you provide to us
Your breach of any representation or warranty contained herein

12. Third-Party Services and Links

12.1 Third-Party Platforms

Our Services may require or integrate with third-party platforms, tools, or services, including but not limited to:

Google Ads, Google Analytics, Google Search Console
Meta (Facebook/Instagram) Ads Manager
Web hosting providers
Content management systems and plugins
Email marketing platforms

12.2 Third-Party Terms

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review these documents.

12.3 No Responsibility

Advertaction is not responsible for the availability, functionality, content, or practices of any third-party services and makes no warranties or representations regarding them.

12.4 External Links

Our Website may contain links to third-party websites for your convenience. We do not endorse, control, or assume responsibility for the content or practices of linked websites.

13. Data Protection and Privacy

13.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

13.2 Compliance

We are committed to compliance with applicable data protection regulations, including:

The Digital Personal Data Protection (DPDP) Act, 2023 (India)
The General Data Protection Regulation (GDPR) (for EU/EEA users)

13.3 Data Processing

We collect and process only the personal data necessary to provide Services and maintain business operations. We implement appropriate technical and organizational security measures to protect your data.

13.4 Data Protection Contacts

For GDPR & DPDP Act related inquiries:
Data Protection Officer: Official Staff
Email: info@advertaction.com

14. Term and Termination

14.1 Term

These Terms remain in effect for as long as you access or use our Website or Services.

14.2 Termination by Advertaction

We reserve the right to suspend or terminate your access to the Website or Services immediately and without prior notice if:

You breach any provision of these Terms
You fail to make timely payments
We detect fraudulent, illegal, or abusive activity
Continuation of Services poses a security or legal risk

14.3 Effect of Termination

Upon termination:

All outstanding fees become immediately due and payable
We may cease work on all pending deliverables
We may suspend access to any hosted services or accounts
Provisions of these Terms that by their nature should survive termination shall remain in effect

14.4 Client Termination

You may terminate a service engagement in accordance with the cancellation terms specified in your service agreement. Early termination may result in fees for work completed and non-refundable retainers.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, epidemics, pandemics, internet service provider failures, or power outages.

16. Dispute Resolution

16.1 Informal Resolution

In the event of any dispute arising from these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith negotiation.

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

16.3 Jurisdiction

Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Kolkata, West Bengal, India, and you consent to the personal jurisdiction of such courts.

16.4 GDPR Compliance

For users located in the European Union or European Economic Area, the processing of personal data complies with GDPR requirements, and you retain all rights afforded under the GDPR.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any service agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and Advertaction and supersede all prior agreements, understandings, and communications, whether written or oral.

17.2 Amendments

We reserve the right to modify, amend, or update these Terms at any time. Changes will be effective upon posting to this page with an updated “Last Updated” date. Your continued use of the Website or Services following such changes constitutes acceptance of the modified Terms.

17.3 Severability

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

17.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.6 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Advertaction.

17.7 Notices

All notices under these Terms must be in writing and delivered via email to the contact addresses specified in Section 18.

18. Contact Information

For questions, concerns, or inquiries regarding these Terms, please contact us:

Advertaction

Address: Itinda Road, Basirhat, West Bengal, 743411, India

Email: info@advertaction.com

Phone: +91 70297 92412

Website: https://advertaction.com/

19. Data Protection Officers

GDPR Data Protection Officer

Name: Official Staff
Email: info@advertaction.com

DPDP Act Grievance Officer (India)

Name: Official Staff
Email: info@advertaction.com

Legal Disclaimer

This Terms and Conditions document is provided for informational purposes and does not constitute legal advice. Advertaction reserves the right to update these Terms to reflect changes in business practices, legal requirements, or regulatory compliance. For specific legal guidance, please consult with a qualified attorney.

By using our Website or Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.