Effective Date: September 2025
Jurisdiction: Ghaziabad, Uttar Pradesh, India

1. Introduction

This Company Policy governs the services, rights, and obligations between Kharakwal Media (“Company”) and its clients (“Client”). By availing our services, the Client agrees to abide by the terms outlined herein.

This Policy is enforceable under the provisions of the Indian Contract Act, 1872.

2. Service Commitment

Kharakwal Media provides professional digital marketing services, including but not limited to:

  • Social Media Marketing & Optimization (SMM, SMO)
  • Search Engine Optimization (SEO)
  • Pay-Per-Click & Paid Advertising (PPC / Google Ads / Meta Ads)
  • Email Marketing
  • Branding & Logo Design
  • Web Design & Development

All services are rendered with due professional care and in compliance with applicable laws.

(Reference: Indian Contract Act, 1872)

3. Client Responsibilities

  • Clients must provide accurate business information, creatives, and approvals on time.
  • Clients are solely responsible for compliance with local and international laws regarding the products/services they promote.
  • The Company shall not be liable for consequences of false information, restricted products, or violation of third-party policies.

(Reference: Consumer Protection Act, 2019 & IT Act, 2000)

4. Payments & Refunds

  • All payments must be made in advance unless otherwise agreed in writing.
  • Due to the nature of digital services, payments once made are non-refundable.
  • Any refund (if applicable) shall be subject to mutual agreement.

(Reference: Indian Contract Act, 1872 & Consumer Protection Act, 2019)

5. Confidentiality & Data Protection

  • All client data, reports, and campaign details will be kept confidential.
  • Kharakwal Media follows reasonable security practices in compliance with the Information Technology Act, 2000 and the IT Rules, 2011.
  • The Company will not be responsible for data breaches caused by third-party platforms.

6. Intellectual Property Rights

  • All logos, creatives, and content developed by Kharakwal Media remain the property of the Company until full payment is received.
  • Unauthorized use of our branding or creatives is prohibited and protected under the Copyright Act, 1957 and Trade Marks Act, 1999.

7. Limitation of Liability

  • The Company shall not be liable for:
    • Suspension or termination of advertising accounts by third-party platforms (Google, Meta, etc.)
    • Delays, technical errors, or algorithm updates beyond our control
    • Indirect, incidental, or consequential damages including loss of revenue or goodwill

This limitation is in accordance with Sections 23 & 28 of the Indian Contract Act, 1872.

8. Indemnity

The Client agrees to indemnify and hold harmless Kharakwal Media, its employees, and partners from any third-party claims, damages, penalties, or expenses arising due to:

  • Violation of applicable laws by the Client
  • Misuse of services or unauthorized use of campaigns
  • Disputes arising from Client’s products/services

This indemnity is enforceable under Sections 124 & 125 of the Indian Contract Act, 1872.

9. Disclaimer of Liability

The Company makes no guarantee of specific outcomes, rankings, or ROI, as results may vary due to external factors.
By engaging with our services, the Client expressly accepts this limitation.

(Reference: Indian Contract Act, 1872)

10. Governing Law & Jurisdiction

This Policy shall be governed by the laws of India. Any disputes shall fall under the exclusive jurisdiction of the Courts of Ghaziabad, Uttar Pradesh.

(Reference: Civil Procedure Code, 1908)

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