GROWTH PAGE AGENCY

computer-smartphone-mobile-apple-ipad-technology

Terms & Conditions

Last Updated: January 1, 2026

Entity Name: Growth Page Agency (A unit of Adhikary Group)

Location: Jalpaiguri, West Bengal, India

1. INTRODUCTION AND ACCEPTANCE

1.1. The Parties

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Growth Page Agency (hereinafter referred to as the “Agency”, “We”, “Us”, or “Our”), having its principal place of business at Vivekananda Para, Jalpaiguri, 735101 West Bengal, India, and the entity or individual engaging our services (hereinafter referred to as the “Client”, “You”, or “Your”).

1.2. Purpose

These Terms govern your access to and use of our digital marketing services, including but not limited to Social Media Management, Search Engine Optimization (SEO), Website Development, Paid Advertising (PPC), Content Creation, and Analytics (collectively, the “Services”).

1.3. Acceptance of Terms

By engaging the Agency for Services demonstrated by signing a Service Agreement, accepting a Proposal/Quote, or making a payment for Services, you explicitly agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not proceed with the engagement.

1.4. Updates to Terms

The Agency reserves the right to modify these Terms at any time to comply with changes in Indian law or business operations. We will notify existing Clients of significant changes via email. Continued use of our Services after such notification constitutes acceptance of the revised Terms.

2. SERVICES PROVIDED

2.1. Scope of Work

The specific details of the Services to be provided (e.g., number of social media posts, specific keywords for SEO, website pages to be designed) will be outlined in a separate Service Agreement, Statement of Work (SOW), or Invoice provided to the Client. In the event of a conflict between these Terms and a specific Service Agreement, the specific Service Agreement shall prevail.

2.2. Client Obligations

To ensure the successful delivery of Services, the Client agrees to:

  • Provide necessary access to accounts (e.g., Facebook Business Manager, Google Analytics, Website Hosting) in a timely manner.
  • Supply all necessary text, images, and brand assets required for content creation.
  • Review and approve deliverables within three (3) business days. Failure to provide feedback within this timeframe will be deemed as automatic approval.

2.3. Change Orders

Any request for work outside the scope defined in the initial Agreement (e.g., extra website pages, additional video edits) will be considered a “Change Order.” The Agency reserves the right to charge additional fees for Change Orders at our standard hourly rates or a fixed project fee, which must be agreed upon in writing before work proceeds.

2.4. Timelines

While the Agency strives to meet all deadlines, timelines provided are estimates. The Agency shall not be liable for delays caused by the Client’s failure to provide assets, third-party platform outages (e.g., Facebook server crash), or other factors outside our reasonable control.

3. PAYMENT TERMS

3.1. Pricing and Invoicing

  • Retainers: Monthly marketing packages are billed in advance. Invoices are generated on the 1st of the month and are due upon receipt or within 5 days.
  • Projects (Websites): Typically require a 50% non-refundable deposit to commence work, with the remaining 50% due upon completion or prior to the site going live.
  • Ad Spend: The Client acknowledges that Media/Ad Spend (money paid to Facebook, Google, LinkedIn, etc.) is separate from the Agency’s management fee. Ad Spend is paid directly by the Client to the ad platform.

3.2. Taxes (GST)

In accordance with Indian taxation laws, Goods and Services Tax (GST) at the applicable rate (currently 18%) will be levied on all invoices unless the Client provides a valid GST exemption certificate or is located in a jurisdiction exempt from Indian GST.

3.3. Payment Methods

We accept payments via Bank Transfer (NEFT/IMPS/RTGS), UPI, and major Credit/Debit cards.

3.4. Late Payments and Suspension

  • Invoices not paid by the due date may incur a late fee interest of 1.5% per month (18% per annum) on the outstanding balance.
  • If an invoice remains unpaid for more than seven (7) days past the due date, the Agency reserves the right to suspend all Services (including pausing ad campaigns and taking websites offline) until full payment is received.

3.5. Refund Policy

  • Services: Due to the nature of digital services and the labor involved, fees paid for work already completed or time already spent are non-refundable.
  • Ad Spend: The Agency cannot refund money paid to third-party platforms (e.g., Google Ads).
  • Cancellations: If a project is cancelled by the Client, the Client acts liable for all work completed up to the point of cancellation.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Agency Ownership (Background IP)

The Agency retains all rights, title, and interest in its proprietary tools, methodologies, pre-existing code, templates, and general marketing know-how used to deliver the Services (“Background IP”).

4.2. Client Ownership (Deliverables)

Upon full payment of all outstanding fees:

  • The Client obtains ownership of the final deliverables (e.g., the final website code, specific graphic designs, ad copy).
  • The Agency grants the Client a perpetual, non-exclusive, worldwide license to use these deliverables for their business purposes.

4.3. Third-Party Materials

Services may include materials licensed from third parties (e.g., stock photos, premium fonts, WordPress plugins). The license for these materials is subject to the terms of the third-party provider. The Client is responsible for maintaining these licenses (e.g., plugin subscription renewals) after the project handover.

4.4. Indemnification

The Client represents that all materials (text, images, logos) provided to the Agency do not infringe on the Intellectual Property rights of any third party. The Client agrees to indemnify and hold the Agency harmless against any claims of copyright or trademark infringement arising from the use of materials provided by the Client.

5. CONFIDENTIALITY AND DATA PROTECTION

5.1. Confidentiality

Both parties agree to keep confidential all non-public information disclosed during the engagement, including business strategies, customer lists, and pricing (“Confidential Information”). This obligation survives the termination of this Agreement for a period of two (2) years.

5.2. Data Protection Compliance

The Agency complies with the Information Technology Act, 2000 and reasonable security practices. To the extent the Digital Personal Data Protection Act, 2023 applies, the Agency acts as a “Data Processor” for any personal data provided by the Client (“Data Fiduciary”).

5.3. Use of Data

  • The Agency uses Client data solely for the purpose of delivering Services (e.g., uploading customer lists to Facebook for Lookalike Audiences).
  • We do not sell Client data to third parties.
  • We implement standard security measures (encryption, password protection) to safeguard data but cannot guarantee absolute security against sophisticated cyber-attacks.

6. WARRANTIES AND DISCLAIMERS

6.1. Professional Standards

The Agency warrants that Services will be performed in a professional manner, consistent with industry standards, by qualified personnel.

6.2. No Guarantee of Results

Digital marketing is influenced by third-party algorithms (Google, Meta) that change frequently. Therefore:

  • SEO: We do not guarantee Page 1 rankings or specific traffic numbers.
  • Ads: We do not guarantee specific ROI (Return on Investment) or ROAS (Return on Ad Spend).
  • General: Previous results do not guarantee future performance.

6.3. Disclaimer

Except as expressly stated in these Terms, the Services are provided “as is.” The Agency disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose.

7. LIMITATION OF LIABILITY

7.1. Liability Cap

To the fullest extent permitted by Indian law, the Agency’s total liability to the Client for any claim arising out of or relating to these Terms or the Services (whether in contract, tort, or otherwise) shall be limited to the amount of fees actually paid by the Client to the Agency in the three (3) months preceding the event giving rise to the claim.

7.2. Exclusion of Damages

In no event shall the Agency be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, even if the Agency has been advised of the possibility of such damages.

7.3. Platform Actions

The Agency is not liable for actions taken by third-party platforms, such as ad account bans, page restrictions, or domain blacklisting, provided the Agency adhered to the platform’s standard policy guidelines.

8. TERMINATION

8.1. Termination for Convenience

  • Retainers: Either party may terminate a monthly retainer agreement by providing thirty (30) days’ written notice.
  • Fixed Projects: Projects may be terminated by the Client upon written notice, subject to payment for all work completed and expenses incurred up to the termination date.

8.2. Termination for Cause

Either party may terminate the Agreement immediately if the other party breaches a material term (e.g., non-payment, breach of confidentiality) and fails to cure the breach within 10 days of receiving notice.

8.3. Effect of Termination

Upon termination:

  • The Client must pay all outstanding invoices immediately.
  • The Agency will transfer all Client assets (login credentials, design files) back to the Client.
  • The Agency will cease all marketing activities on the Client’s behalf.

9. FORCE MAJEURE

The Agency shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters (floods, earthquakes), pandemics, war, terrorism, government actions, internet service provider failures, or denial of service attacks (“Force Majeure Event”). In such cases, the timeline for delivery will be extended by the duration of the event.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of India. The courts located in Jalpaiguri, West Bengal, shall have exclusive jurisdiction over any disputes arising out of these Terms.

10.2. Arbitration

In the event of a dispute that cannot be resolved amicably within 30 days, the parties agree to resolve the matter through binding arbitration under the Arbitration and Conciliation Act, 1996.

  • Venue: Jalpaiguri, West Bengal.
  • Language: English or Bengali.
  • Arbitrator: A sole arbitrator appointed mutually by both parties.

11. MISCELLANEOUS PROVISIONS

11.1. Independent Contractor

The Agency is an independent contractor, not an employee, partner, or joint venturer of the Client.

11.2. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

11.3. Entire Agreement

These Terms, combined with the specific Service Agreement/Invoice, constitute the entire agreement between the parties and supersede all prior understandings, whether written or oral.

11.4. Portfolio Rights

Unless the Client explicitly requests an NDA (Non-Disclosure Agreement), the Agency reserves the right to showcase the Client’s project (logos, website screenshots, performance graphs) in our portfolio, website, and social media for promotional purposes.

11.5. Electronic Communication

The parties agree that emails and electronic signatures carry the same legal weight as physical documents and wet signatures.

12. CONTACT INFORMATION

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

GROWTH PAGE AGENCY

(A unit of Adhikary Group)

Address: Vivekananda Para, Jalpaiguri, 735101, West Bengal, India.

Phone: +91 62959 78290

Email: support@growthpageagency.com

Website: www.growthpageagency.com

Disclaimer: This document is provided for informational purposes and serves as a template. While drafted to be compliant with Indian law, it does not constitute legal advice. We recommend consulting with a qualified advocate in West Bengal to ensure this document meets your specific business risks and requirements.