Terms & Conditions
Last updated: October 2023
1. In accordance with the Information Technology Act of 2000, its regulations as applicable, and the updated provisions relating to electronic records in other statutes as amended by the Act, this document is an electronic record. No digital or physical signatures are needed for this electronic record, which is created by a computer system.
2. This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of the privacy statement, terms of use, and rules and regulations for the use of the domain name https://promopactmarketing.com/ (the "Website"), as well as the associated mobile site and mobile application (henceforth referred to as the "Platform").
3. The Platform's owner is Promopact Marketing India PVT LTD, a business established under the Companies Act of 1956 with its registered office located at Office No. 1005, 10th Floor, NDM-2 Building, Netaji Subhash Place, Pitampura, New Delhi – 110034, India (henceforth referred to as "Platform Owner," "we," "us," and "our").
4. Your use of the Platform, services, and tools is subject to the following terms and conditions ("Terms of Use") applicable to the Platform, including the applicable policies which are incorporated herein by way of reference. You will be subject to the policies, applicable to the Platform, for the transaction if you transact on the Platform. Simply by using the Platform, you agree to the Platform Owner, and these terms and conditions, including the applicable policies, are intended to be legally binding on you, creating binding obligations upon you, with the Platform Owner. These Terms of Use concern your use of our website, goods (if applicable) or services (if applicable) (collectively, "Services"). Any terms and conditions proposed by you above and beyond these Terms of Use, or that conflict with these Terms of Use, are expressly rejected by Platform Owner and shall have no effect, in which case the Platform Owner shall have no obligation to you. These Terms of Use may be amended from time to time in the Platform Owner's discretion and without assigning any reason. It is your responsibility to review these Terms of Use from time to time.
5. In the context of these Terms of Use, "you," "your," or "user" refers to any individual or entity that has consented to use or purchase anything on the Platform.
7. The following Terms of Use apply when using the Platform and/or our services:
- You agree to give us true, accurate, and complete information both during and after registering in order to access and use the Services. You also agree to be accountable for any actions taken using your Platform account.
- Regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials provided on this website or through the Services, neither we nor any third parties offer any warranties or guarantees. You understand that these materials and information may contain errors or inaccuracies, and we specifically disclaim all liability for any such errors or inaccuracies to the greatest extent allowed by law.
- We will not be held responsible in any way for your use of our services or the platform; you do so at your own risk and discretion. You must evaluate the Services on your own and make sure they satisfy your needs.
- We own and have a license for the Platform's and the Services' contents. You won't be able to claim any title, intellectual property rights, or interest in its contents.
- You understand that using the Platform and/or the Services without authorization could result in legal action against you.
- You commit to paying us the fees related to using the services.
- You agree not to use the Platform and/or Services for any purpose that is prohibited, unlawful, or illegal.
- You acknowledge that there may be links to other third-party websites on this website.
- You are aware that when you start a transaction, you are signing a binding agreement with the platform owner.
- You agree to indemnify and hold harmless Platform Owner and its affiliates from any third-party claims resulting from your violation of these terms.
- Force majeure events may excuse delay in performance.
The laws of India shall govern the interpretation and enforcement of these Terms. The courts in Delhi and New Delhi will have exclusive jurisdiction over any disputes.
Invoice Terms & Conditions
This Invoice is subject to the following terms and conditions:
1. "Company" means "Promopact Marketing India Private Limited".
2. "Advertiser" means the person or entity wishing to advertise.
3. Rates mentioned are applicable for this transaction alone.
4. All advertising material must be legally authorized and lawful.
5. The Company reserves the right to reject any Advertisement.
6. The Company is not responsible for errors or omissions in supplied information.
7. The Company may modify Advertisements if necessary.
8. Artwork used in preparation remains the property of the Company.
9. Agencies warrant they have authority to place ads for ultimate customers.
10. Advertiser warrants they are the owner or authorized user of products/trademarks.
11. Notification of change in ownership is required in writing.
12. Advertiser agrees to indemnify the Company against infringement claims.
13. Advertiser is responsible for protecting their own IP.
14. Company is not liable for incidental or consequential damages.
15. Governed by Indian Law.
16. Website T&Cs apply and prevail in case of conflict.
18. Refund requests for cancellations must be made in writing within 48hrs.
19. Subscriptions auto-renew unless support is contacted.
20. Subject to our court jurisdiction.
Project Commitments and Delivery Timelines
Development Timelines:
- Standard Projects: Maximum 45 days from kickoff and client asset submission.
- Customized Projects: Deadlines shared in writing post-requirement analysis.
Performance Guarantees:
- Ranking Services: 75% target keywords on Google's first page within the committed timeline (45 days from live).
- Website & AI Modeling Packages: No enquiry commitments provided.
- Enquiry Commitments: Available only via separate enquiry packages (purchased additionally).
Payment Terms Enforcement:
Services will be stopped immediately if proper payment terms are not followed. No further work continues until the payments are cleared.
Delay Liability Clause:
If delivery delays occur due to either party's fault:
- Promopact responsible: Pays additional server/hosting costs incurred.
- Client responsible: Will be liable to pay the server fee of 1000/month till the extended timeline.
Client Obligations for Timely Delivery:
- Submit all assets/approvals within 24 hours of request.
- Clear milestone payments before phase progression.
- Respond to revision requests within 24 hours.