Effective Date: [11-October-2026]
Website: [Plantingbrand.com]
1. Introduction
These Terms & Conditions govern access to this website and the purchase or use of services provided by [Your Full Legal Name], an independent digital marketing contractor.
Services may include SEO, local SEO, AEO, GEO, social media marketing, PPC advertising, website design and development, lead generation, LinkedIn outreach, email marketing, cold calling, Shopify development, and mobile app development.
By using this website or engaging my services, you agree to the applicable terms. A separate written proposal or service agreement may apply to a particular project. If there is a conflict, the specific written agreement will take precedence for that project to the extent permitted by law.
2. Independent Contractor
I operate as an independent contractor and not as a digital marketing agency or company. I may collaborate with independent professionals or subcontractors to deliver particular services.
Unless expressly agreed in writing, this arrangement does not create an employment relationship, partnership, joint venture, or authority for either party to bind the other.
3. Scope of Services
The services, deliverables, fees, timelines, and project requirements will be described in a quotation, proposal, invoice, or written service agreement.
Work outside the agreed scope may require additional fees and a revised timeline. Additional work will be discussed and approved before it is undertaken.
4. Fees and Payment
Clients agree to pay the fees and applicable taxes stated in the accepted quotation, invoice, or service agreement.
Unless otherwise agreed in writing:
- Work may begin after the required initial payment is received.
- Milestone payments must be made by their specified due dates.
- Recurring services are billed according to the agreed billing schedule.
- Late or overdue payments may result in a reasonable pause of services after notice, subject to applicable law and the agreement.
- Third-party costs, such as advertising spend, software subscriptions, hosting, domains, or paid tools, will be identified where applicable and may be payable separately.
Clients remain responsible for approved third-party expenses incurred on their behalf.
5. Refunds and Cancellations
Refund and cancellation requests are governed by the Refund & Cancellation Policy published on this website and any specific written agreement.
Fees for completed work and documented costs properly incurred may be non-refundable where permitted by law. Cancellation does not remove the client’s obligation to pay for services already provided or approved expenses already incurred.
Nothing in these terms overrides a mandatory legal right to a refund or other remedy.
6. Client Responsibilities
Clients agree to:
- Provide accurate, complete, and timely information.
- Supply the access, approvals, materials, and feedback reasonably needed for the project.
- Ensure they have the necessary rights to content, images, data, and other materials supplied to me.
- Review deliverables and report issues within a reasonable period.
- Comply with laws and platform policies applicable to their business and marketing activities.
- Pay invoices and approved expenses on time.
Delays in providing information, access, or approvals may affect project timelines and results.
7. No Guaranteed Results
Digital marketing outcomes depend on many factors outside my reasonable control. Search engines, advertising platforms, competitors, market demand, budgets, website conditions, and client decisions can affect performance.
Unless a specific measurable commitment is expressly set out in a signed written agreement, I do not guarantee particular search rankings, traffic, leads, sales, revenue, conversions, or return on investment.
Estimates and projections are informational and are not guarantees of future performance.
8. Third-Party Platforms and Services
Services may involve third-party platforms, including search engines, social networks, advertising systems, hosting providers, email services, and website software.
These platforms may change their policies, algorithms, pricing, features, or access requirements. I cannot control their independent decisions, outages, suspensions, or changes.
I will take reasonable steps within the agreed scope to manage the services I provide, but I am not responsible for third-party actions beyond my reasonable control.
9. Intellectual Property
Each party retains ownership of its pre-existing intellectual property.
Unless otherwise stated in a written agreement, ownership or transfer of final project deliverables will take place after full payment of the applicable fees, subject to third-party licenses and any non-transferable materials.
Third-party software, stock assets, themes, plugins, fonts, and other licensed materials remain subject to their own terms.
I may retain ownership of general methods, know-how, templates, and tools that are not created exclusively for the client.
Client materials remain the client’s responsibility, and the client grants me permission to use them as necessary to deliver the agreed services.
10. Confidentiality and Data Protection
Both parties should take reasonable steps to protect confidential business information received through the engagement.
Personal information will be handled in accordance with the applicable Privacy Policy and relevant data protection law.
Clients should provide only the information necessary for the services and use secure methods to share account access.
11. Pausing or Terminating Services
Either party may request termination in accordance with the applicable service agreement.
I may pause or terminate services for material non-payment, unlawful instructions, misuse of services, or a material breach of these terms, subject to reasonable notice and applicable law.
On termination, the client remains responsible for fees for work performed and approved costs incurred up to the effective termination date. Any refund or outstanding balance will be calculated under the applicable agreement and law.
12. Limitation of Liability
To the extent permitted by law, I will not be liable for indirect or consequential losses, loss of anticipated profits, or losses resulting from circumstances outside my reasonable control.
Any liability limit for a specific engagement should be stated in the relevant written service agreement and be reasonable in the circumstances.
Nothing in these terms excludes or limits liability where such exclusion or limitation is prohibited by law, including any applicable rights or remedies that cannot legally be waived.
13. Website Use
You agree not to misuse this website, attempt unauthorized access, interfere with its operation, or use its content for unlawful purposes.
Website content is provided for general information and may be updated without notice. Service availability and specific deliverables are confirmed through the relevant proposal or agreement.
14. Governing Law and Disputes
These terms are governed by the laws of India, subject to any mandatory consumer protection, privacy, or other laws that apply to the relevant user or transaction.
If a dispute arises, both parties will first attempt to resolve it through good-faith written communication.
If the dispute cannot be resolved informally, it may be referred to the competent courts or other dispute-resolution forum with lawful jurisdiction. Any proposed exclusive jurisdiction clause should be reviewed for enforceability before publication.
15. Changes to These Terms
I may update these Terms & Conditions when necessary. Changes will be posted on this page with an updated effective date.
The terms applicable to an existing project will be determined by the relevant written agreement and applicable law.
16. Contact
For questions about these terms, contact:
[Devesh Tiwari]
Independent Digital Marketing Contractor
Email: [Plantingbrand@gmail.com]
Website: [Plantingbrand.com]