Welcome to The Marketo (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website https://www.themarketo.in, our client dashboard, and any digital marketing services we provide (collectively, the “Services”).
By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our website or Services.
1. Definitions
- “Client” means any individual or business that engages The Marketo for Services.
- “Services” means the digital marketing services we provide, including but not limited to SEO, Google Ads, Meta Ads, social media marketing, website development, and AI-powered automation.
- “Dashboard” means the client portal accessible via our website where Clients can track orders, integrations, and reporting.
- “Content” means all text, images, videos, graphics, and other materials provided by us or uploaded by the Client.
2. Eligibility
By using our Services, you confirm that you are at least 18 years old and legally capable of entering into a binding contract. If you are using our Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
3. Services
3.1 Scope of Services
The specific services, deliverables, timelines, and pricing will be outlined in a proposal, order confirmation, or service agreement between you and The Marketo. These Terms apply to all such engagements.
3.2 No Guarantee of Results
Digital marketing involves external factors beyond our control (search engine algorithms, ad platform policies, market conditions, competition). While we apply industry best practices, we do not guarantee specific rankings, traffic, leads, or revenue outcomes. Any projections shared are estimates, not promises.
3.3 Third-Party Platforms
Our Services often involve third-party platforms (Google, Meta, WhatsApp, website hosting providers). We are not responsible for:
- Changes to their policies, features, or pricing
- Account suspensions or bans imposed by them
- Downtime, bugs, or technical issues on their end
- Ad spend or platform fees — these are separate from our fees
3.4 Client Responsibilities
To enable us to deliver Services effectively, you agree to:
- Provide timely access to necessary accounts, assets, and information
- Respond to our requests for approvals or content
- Ensure any content you provide does not infringe third-party rights or violate laws
- Maintain the security of your account credentials
- Not use our Services for illegal, misleading, or harmful purposes
4. Payments and Billing
4.1 Fees
Fees for Services are stated on our pricing page, in a proposal, or in your order confirmation. All fees are quoted in Indian Rupees (INR) and are exclusive of GST unless stated otherwise.
4.2 GST
GST will be charged at the applicable rate as per Indian tax laws. GST-compliant invoices will be issued for all payments.
4.3 Payment Terms
- Upfront payment: Unless otherwise agreed, fees for monthly services are payable in advance.
- Project-based work: Typically 50% upfront and 50% on delivery, unless specified otherwise.
- Ad spend: Ad platform costs (Google Ads, Meta Ads, etc.) are separate from our service fees and are paid directly by the Client to the platform or funded through a prepaid balance.
4.4 Late Payments
Invoices are due within 7 days of issuance unless otherwise agreed. We reserve the right to:
- Pause or suspend Services on overdue accounts
- Charge interest at 1.5% per month on late payments
- Recover outstanding amounts through legal means if necessary
4.5 Price Changes
We may update our pricing from time to time. Existing Clients will be notified at least 30 days before any price change on ongoing services.
5. Refunds & Cancellations
Refunds and cancellations are governed by our Refund & Cancellation Policy. Please review it carefully before engaging our Services.
6. Client Content and Intellectual Property
6.1 Client Content
You retain ownership of all content, logos, images, and materials you provide to us. By providing such content, you grant us a limited, non-exclusive license to use it solely for delivering the Services.
6.2 Our Work Product
Upon full payment, ownership of custom deliverables created specifically for you (website designs, ad creatives, content) is transferred to you, unless otherwise agreed in writing.
6.3 Our Pre-Existing IP
We retain ownership of our pre-existing tools, templates, frameworks, code libraries, and methodologies. These may be used in delivering your project but are not transferred to you.
6.4 Portfolio Rights
Unless you request otherwise in writing, we may showcase completed work in our portfolio, case studies, and marketing materials.
7. Confidentiality
Both parties agree to keep confidential any non-public information shared during the engagement (business strategies, financials, client lists, technical data). This obligation survives termination of these Terms.
8. Data Protection
We handle your personal data in accordance with our Privacy Policy. By using our Services, you consent to such handling.
9. Term and Termination
9.1 Term
These Terms remain in effect as long as you use our website or Services.
9.2 Termination by Client
Monthly retainers can be cancelled with 30 days written notice. Project-based work cannot be cancelled mid-project without paying for work completed to date.
9.3 Termination by Us
We may suspend or terminate Services immediately if you:
- Violate these Terms
- Fail to pay fees when due
- Engage in illegal, fraudulent, or harmful activity
- Request work that violates our ethical standards or third-party platform policies
9.4 Effects of Termination
Upon termination:
- Outstanding fees become immediately payable
- We will deliver completed work and accessible assets within 14 days
- Access to the Dashboard may be revoked
- Confidentiality and IP obligations survive termination
10. Warranties and Disclaimers
Our Services are provided “as is” and “as available”. We make no warranties, express or implied, regarding:
- Uninterrupted or error-free operation of our website
- Specific results from marketing campaigns
- Compatibility with all devices, browsers, or platforms
We disclaim all implied warranties to the maximum extent permitted by law.
11. Limitation of Liability
To the maximum extent permitted by law, The Marketo shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from third-party platform actions
- Damages exceeding the total fees paid by you in the last 3 months
This limitation applies regardless of the legal theory (contract, tort, negligence) under which the claim is brought.
12. Indemnification
You agree to indemnify and hold harmless The Marketo, its founders, employees, and partners from any claims, damages, or expenses arising from:
- Your violation of these Terms
- Content you provide that infringes third-party rights
- Your use of our Services in violation of applicable laws
13. Third-Party Links and Integrations
Our website and Dashboard may link to or integrate with third-party services (Google, Meta, WhatsApp, Razorpay, etc.). We are not responsible for their content, policies, or practices.
14. Modifications to Terms
We may update these Terms from time to time. Significant changes will be communicated via email or a prominent notice on our website. Continued use of our Services after changes constitutes acceptance.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of courts in Delhi, Delhi.
16. Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, the dispute may be referred to arbitration under the Arbitration and Conciliation Act, 1996.
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with any proposal or service agreement, constitute the entire agreement between you and The Marketo and supersede any prior agreements or understandings.
19. Contact Us
For questions about these Terms, contact us:
- Email: hello@themarketo.in
- Phone: +91-9560020802
- Address: Delhi, Delhi, India