These Terms of Service ("Terms") govern your use of the website at marketpahal.com and any services provided by Market Pahal ("we", "our", or "us"), a digital marketing agency based in Delhi, India. Please read these Terms carefully before using our website or engaging our services.
1. Acceptance of Terms
By accessing our website at marketpahal.com or engaging Market Pahal for any service, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms apply to all clients, visitors, and users of our website.
2. Services
Scope of services
Market Pahal provides digital marketing, search engine optimisation (SEO), paid advertising, social media management, website design and development, branding, WhatsApp automation, graphic design, video editing, app development, and Shopify development services.
Service agreements
Each engagement is governed by a separate Statement of Work (SOW) or service agreement that specifies deliverables, timelines, pricing, and any additional terms specific to your project. In the event of a conflict between these Terms and a specific service agreement, the service agreement shall prevail.
Modifications to services
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
3. Client Responsibilities
Accurate information
You agree to provide accurate, current, and complete information about your business, goals, target audience, and any other details necessary for us to deliver the agreed services. Inaccurate information may affect service quality and outcomes.
Timely approvals
You agree to provide timely feedback, approvals, and access to required resources (e.g., ad accounts, website credentials, brand assets). Delays caused by late client responses may impact project timelines and are not our responsibility.
Content and legal compliance
You are solely responsible for ensuring that any content, products, or services you ask us to promote comply with applicable Indian laws and regulations, including the Consumer Protection Act, IT Act, and advertising standards. You must not request us to create content that is misleading, defamatory, or infringes third-party intellectual property rights.
4. Payment Terms
Fees and invoicing
Fees for our services are as agreed in your specific service agreement. Invoices are issued monthly in advance for retainer services or at agreed milestones for project-based work. All prices are exclusive of GST unless stated otherwise.
Payment due dates
Invoices are payable within 7 days of the invoice date unless otherwise agreed. Late payments may attract interest at 2% per month on the outstanding balance.
Suspension for non-payment
We reserve the right to suspend services if invoices remain unpaid for more than 14 days after the due date. Service reinstatement following suspension may be subject to a reinstatement fee.
Refund policy
Fees paid for services already rendered are non-refundable. For project-based work, if we are unable to complete the agreed deliverables due to circumstances within our control, we will refund fees proportionate to the undelivered work.
5. Intellectual Property
Your materials
You retain all ownership of content, logos, trademarks, and other materials you provide to us. By providing these materials, you grant us a non-exclusive licence to use them solely for the purpose of delivering the agreed services.
Our deliverables
Upon full payment of all outstanding invoices, intellectual property in the final deliverables created for your project (e.g., website designs, brand assets, ad creatives) transfers to you. This does not include our proprietary tools, frameworks, templates, or methodologies.
Portfolio rights
Unless you expressly request otherwise in writing, we reserve the right to display completed work in our portfolio, case studies, and marketing materials.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives termination of the service agreement. We will not disclose your business strategies, financials, or campaign data to third parties except as required to deliver the agreed services.
7. Results and Performance
No guarantee of results
Digital marketing outcomes depend on many factors including market conditions, algorithm changes, competition, and your product or service quality. While we apply best practices and expertise to every campaign, we cannot guarantee specific results such as a defined number of leads, a particular search ranking, or a fixed return on ad spend.
Reporting
We provide regular performance reports as agreed in your service agreement. These reports reflect data from the platforms and tools we use and are provided in good faith.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Market Pahal's total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you in the three months preceding the claim. We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or business interruption.
9. Termination
By either party
Either party may terminate a service agreement by providing 30 days' written notice. You remain responsible for payment of all fees for services rendered up to the termination date.
Immediate termination
We may terminate services immediately and without notice if you breach these Terms, fail to make payment after a formal notice, or engage in conduct that is unlawful, abusive, or harmful to our team or reputation.
Effect of termination
Upon termination, we will provide you with all completed deliverables and work-in-progress materials to which you are entitled based on fees paid. Any unpaid balances become immediately due.
10. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Delhi. We encourage parties to attempt resolution through good-faith negotiation before pursuing formal legal proceedings.
11. Changes to These Terms
We may update these Terms of Service from time to time. We will notify you of material changes by posting an updated version on our website. Continued use of our services after such changes constitutes acceptance of the revised Terms.
12. Contact
For any questions about these Terms of Service, please contact us: