Terms & Conditions
The ground rules for using the Growfiks website and working with us on digital marketing, creative, technology and related services.
1. Agreement to These Terms
These Terms and Conditions (“Terms”) govern use of the Growfiks website and, where applicable, the relationship between Growfiks and a client for digital marketing, creative, technology or related services.
A signed Service Agreement, Statement of Work (“SOW”), proposal, order form or other written acceptance may contain engagement-specific terms. If those terms conflict with these general Terms, the engagement-specific document will control to the extent of the conflict.
2. Services and Scope
Growfiks provides services including SEO, performance marketing, social media marketing, Google Business Profile optimisation, branding, content creation, website development, AI automation, creative services and marketing strategy.
The exact scope, deliverables, timelines, revisions, fees, dependencies and client responsibilities should be stated in the applicable proposal, SOW or Service Agreement.
Material changes to scope, platforms, deliverables or workload may change the fee and timeline and should be confirmed in writing.
3. Client Responsibilities
The client is responsible for providing accurate information, required access, lawful content and timely approvals. The client also confirms that it has the right to use materials it supplies to Growfiks, including logos, images, videos, claims and other brand materials.
Client delays in access, approvals, content or required information may affect delivery dates. Where a client asks Growfiks to publish a claim or offer supplied by the client, the client remains responsible for the underlying accuracy and legal basis of that information.
4. Lawful and Platform-Compliant Work
Growfiks may refuse or pause work that it reasonably believes is unlawful, deceptive, infringing, fraudulent, abusive or materially contrary to a third-party platform’s rules. Advertising and marketing content may also be subject to applicable Indian laws and advertising standards.
5. Third-Party Platforms and Services
Digital marketing often depends on Google, Meta, Instagram, LinkedIn, WhatsApp, hosting providers, analytics systems and other third-party platforms. These platforms control their own policies, algorithms, pricing, account rules, approvals and technical availability.
Growfiks is not responsible for platform decisions that are outside our reasonable control, including account suspension, policy enforcement, ad rejection, outages, algorithm changes or changes to platform functionality.
6. Payments and Advertising Budgets
Growfiks professional fees are separate from advertising spend or third-party charges unless a written agreement says otherwise.
Fees, taxes, payment schedules and approved third-party expenses will be stated in the applicable proposal, invoice or Service Agreement. Where an invoice remains unpaid beyond the agreed terms, Growfiks may pause affected work after appropriate notice.
7. SEO and Marketing Results
SEO and digital marketing outcomes depend on many factors, including competition, search-engine algorithms, platform changes, budgets, market demand, seasonality, audience behaviour, technical conditions and client-side decisions.
Growfiks does not guarantee a specific ranking, traffic number, lead volume, cost per lead, ROAS, conversion rate, revenue figure, follower count or other commercial outcome unless a specific and lawful performance commitment is expressly stated in the applicable agreement.
8. Cancellation & Refund
Digital marketing work can involve research, planning, team allocation, setup, creative production, campaign configuration and third-party commitments. Accordingly, once a service or project has started, amounts relating to work already completed, approved milestones, setup work, research or third-party costs are generally non-refundable, subject to applicable law and the signed agreement.
Client cancellation
Clients should follow the notice period stated in the applicable Service Agreement or SOW. If no specific notice period is stated, the parties should provide reasonable written notice and settle amounts already earned or committed.
Prepaid services
If a client has prepaid for future work that has not started, Growfiks may refund the unearned portion after deducting amounts already earned, used, committed or payable to third parties, subject to the applicable agreement and law.
Growfiks cancellation
If Growfiks ends an engagement for reasons other than client breach and has received payment for services that were not performed, the unearned service amount may be refunded, subject to the agreement and applicable law.
Mandatory rights
Nothing in this section is intended to remove a cancellation, refund or consumer right that applicable law does not permit the parties to exclude.
9. Intellectual Property and Copyright
Growfiks retains rights in its website, brand, original website copy, layouts, processes, frameworks, templates, reusable components, internal tools, methodologies and pre-existing intellectual property unless expressly assigned in writing.
The client retains ownership of its pre-existing logos, trademarks, photographs, videos, product information, business data and other materials it supplies.
Unless the applicable SOW states otherwise, final client-specific deliverables transfer to or are licensed to the client after full payment, according to the rights stated in that SOW.
Third-party fonts, stock images, music, software, plugins, APIs and other licensed assets remain subject to their own licence terms.
10. Portfolio and Case Studies
Growfiks may use completed work for its portfolio or marketing only where permitted by the client agreement or written approval. Confidential information and restricted client material will not be published contrary to an agreed confidentiality restriction.
11. Confidentiality
Each party should protect the other party’s non-public business information and use it only as reasonably necessary for the engagement.
Confidentiality does not cover information that is already public, was lawfully known before disclosure, is independently developed, or must be disclosed by law or valid legal process.
12. Suspension and Termination
Growfiks may suspend or terminate an engagement where reasonably necessary because of material non-payment, material breach, repeated failure to provide required access or approvals, unlawful or prohibited requests, or a material legal, security or operational risk.
Where an issue can reasonably be corrected, Growfiks may provide notice and an opportunity to cure it before termination.
13. Indemnity
To the extent permitted by applicable law, the client agrees to cover reasonable third-party claims and costs arising primarily from client-provided materials, unlawful or misleading claims supplied or approved by the client, infringement caused by client materials, or the client’s material breach of the applicable agreement.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Growfiks will not be responsible for indirect, incidental, special or consequential losses such as lost profits, lost revenue, goodwill, business opportunities or anticipated savings arising from matters outside the agreed scope or Growfiks’ legally attributable responsibility.
For a specific engagement, the final liability cap should be stated in the Service Agreement. A commercially reasonable cap may be linked to the professional fees actually paid for the relevant services, subject to applicable law and the negotiated contract.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
15. Force Majeure
Growfiks will not be responsible for delay or non-performance caused by events reasonably outside its control, such as natural disasters, government action, major infrastructure failures, widespread platform outages, regulatory changes or other external disruptions.
16. Dispute Resolution
The parties should first try to resolve a dispute through good-faith discussion. Where appropriate, the parties may attempt mediation before starting formal proceedings.
For a client engagement, the Service Agreement should specify the arbitration seat, appointment mechanism, language and court-support provisions. Where arbitration is agreed, it should operate under the Arbitration and Conciliation Act, 1996 and any mandatory law applicable to the engagement.
Nothing in these Terms prevents a party from seeking any remedy or protection that mandatory law does not allow the parties to contract out of.
17. Governing Law
Unless mandatory law provides otherwise, these Terms and the relevant engagement will be governed by the laws of India. A client agreement may contain additional jurisdiction or dispute provisions appropriate to the particular engagement, especially for international clients.
18. Notices, Severability and Entire Agreement
Formal legal notices should be sent to the legal contact specified in the applicable agreement. If one provision is found invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
For a specific engagement, the signed Service Agreement, SOW, proposal and applicable policies together form the contractual framework between the parties.
19. Changes to These Terms
We may update these Terms from time to time. Changes affecting an active client engagement should be handled in accordance with the applicable Service Agreement or SOW and, where appropriate, communicated directly.
Business Note: For larger or international clients, the signed Service Agreement/SOW should be treated as the primary commercial document. It can add confidentiality, data-processing, payment, IP, service-level or dispute terms specific to that client.