Terms and Conditions for Makos Digital
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1. Introduction
These Terms govern your use of Makos Digital's digital marketing agency services, including SEO, SEM, paid social, marketing automation, content, creative, CRO, analytics, and web development. By signing a proposal, SOW, or paying an invoice, you agree to these Terms. -
2. Scope & services
Scope is defined in the signed proposal or statement of work (SOW). Services may include strategy, media buying, campaign setup, optimization, creative production, landing pages, analytics setup, CRM/marketing automation, reporting, and training. -
3. Proposals & SOWs
Proposals are valid for 30 days unless stated otherwise. Any assumptions, dependencies, or exclusions are part of the SOW. Work begins after written acceptance and required upfront payment or PO. -
4. Fees & payments
Fees may be monthly retainers, project milestones, or media-percentage plus platform spend. Invoices are due upon receipt and payable within the timeline stated on the invoice. Late payments may pause work and incur reasonable charges. Media budgets are client-funded unless explicitly included. -
5. Timelines & approvals
Timelines depend on timely client inputs, access, and approvals. Approvals given via email, ticket, or project tools are binding. Delays in approvals shift schedules accordingly. -
6. Client obligations
Provide accurate information, timely feedback, required accesses (ad accounts, analytics, CMS, CRM), and brand guidelines. Ensure claims in creatives comply with applicable advertising standards and laws. -
7. Content & intellectual property
Pre-existing client IP remains client property. Agency-produced deliverables are assigned to the client upon full payment, excluding third-party stock/licenses and agency tools, frameworks, or templates used to deliver the service. -
8. Confidentiality & data protection
Both parties will keep confidential information secure and use it only for the engagement. Data handling follows our Privacy Policy. Each party must promptly report security incidents affecting the other party's data. -
9. Performance & reporting
We provide best-effort optimization aligned to agreed KPIs. Performance is subject to factors beyond our control (market, platform changes, competition, seasonality, budgets, creative quality). Reports cadence is defined in the SOW. -
10. Change requests
Out-of-scope requests, additional channels, new geographies, or major creative/tech changes require a written change order with revised fees and timelines before execution. -
11. Cancellation & termination
Either party may terminate with written notice per the SOW (typical 30 days). Fees for work performed, committed media, and non-cancellable third-party costs remain payable. Persistent non-payment or material breach allows immediate suspension or termination. -
12. Warranties & disclaimers
We provide services using reasonable skill and care. We do not guarantee specific rankings, lead volumes, revenue, ROAS, or platform approvals. All other warranties are disclaimed to the fullest extent permitted by law. -
13. Liability
To the maximum extent permitted by law, each party's aggregate liability is limited to the fees paid or payable to Makos Digital for the three months preceding the claim. Neither party is liable for indirect, consequential, or lost-profit damages. -
14. Indemnity
You indemnify Makos Digital against claims arising from client-provided content, product claims, unlawful targeting, or misuse of platforms. Makos Digital indemnifies you for third-party claims alleging our deliverables infringe IP (excluding client inputs/platform materials). -
15. Third-party platforms
Campaigns rely on third-party platforms (Google, Meta, LinkedIn, marketing automation, CRM, hosting). Platform outages, policy changes, or account actions are outside our control. You must comply with each platform's terms. -
16. Compliance & acceptable use
No illegal, harmful, misleading, or prohibited content or targeting. Regulated industries may require additional disclosures and approvals. You are responsible for legal review of claims, offers, and compliance with data/privacy laws in your markets. -
17. Force majeure
Neither party is liable for delays or failures due to events beyond reasonable control (including outages, regulatory changes, disasters). Obligations resume when the event ends; timelines extend accordingly. -
18. Governing law & disputes
These Terms are governed by the laws of India. Courts at Chennai have jurisdiction. Parties will first attempt good-faith resolution before escalation. -
19. Contact
Address:
Makos Infotech Pvt Ltd, Chennai
Tamil Nadu, India