Terms of Service

Effective Date: January 30, 2025
Last Updated: January 30, 2025
Version: 1.0

1. INTRODUCTION AND ACCEPTANCE

1.1 Welcome to BuzzTrail

These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("Client," "you," or "your") and BuzzTrail Digital Marketing Agency ("BuzzTrail," "we," "us," or "our") governing your use of our website buzztrail.io and digital marketing services.

Our Business Details:

• Legal Name: BuzzTrail Digital Marketing Agency

• Business Address: B-85, Sector-64, Noida, Uttar Pradesh, India - 201301

• Email: hello@buzztrail.io

• WhatsApp: +91 9205041396

• Website: https://buzztrail.io

1.2 Agreement to Terms

By engaging our services, you agree that:

✓ You have read, understood, and agree to be bound by these Terms
✓ You have the legal authority to enter into this agreement
✓ You are at least 18 years of age or have parental/guardian consent
✓ You will comply with all applicable laws and regulations
✓ All information provided to us is accurate and truthful

If you do not agree to these Terms, you must not:

• Use our website or services

• Submit any forms or requests

• Enter into any service agreements

• Make any payments to BuzzTrail

1.3 Scope of Agreement

These Terms apply to:

• All services offered by BuzzTrail

• Use of our website buzztrail.io

• All communications and interactions with BuzzTrail

• All contracts, proposals, and service agreements

• All deliverables and work products

1.4 Additional Agreements

These Terms work in conjunction with:

• Service Agreements: Specific scope of work documents

• Proposals: Project-specific terms and pricing

• Privacy Policy: How we handle your personal data

• Cookie Policy: How we use cookies on our website

• Refund Policy: Cancellation and refund procedures

In case of conflict, the order of precedence is:

1. Signed Service Agreement (most specific)

2. Written Proposal

3. These Terms of Service

4. Other policies (Privacy, Refund, Cookie)

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below:

"Agreement" or "Terms" means these Terms of Service and all incorporated policies.

"Client" or "you" means the individual or entity engaging BuzzTrail's services.

"Services" means all digital marketing services offered by BuzzTrail, including but not limited to SEO, PPC, social media marketing, content creation, web development, and consulting.

"Deliverables" means all work products, materials, and outputs provided by BuzzTrail to Client as part of the Services.

"Confidential Information" means any non-public information disclosed by one party to the other, including business plans, strategies, financial data, customer information, and proprietary methods.

"Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights in any work product, whether registered or unregistered.

"Effective Date" means the date on which Client accepts these Terms by engaging our services or making payment.

"Third-Party Platforms" means external services such as Google Ads, Meta (Facebook/Instagram), LinkedIn, and other advertising or marketing platforms.

"Business Day" means Monday through Friday, excluding Indian national holidays, 9:00 AM to 6:00 PM IST.

"Force Majeure" means events beyond reasonable control, including natural disasters, war, pandemics, government actions, or infrastructure failures.

"Material Breach" means a significant violation of this Agreement that substantially impairs the agreement's value to the non-breaching party.

"Website" means buzztrail.io and all associated subdomains and pages.

"Content" means text, images, videos, graphics, code, and other materials created or provided.

3. SERVICES DESCRIPTION

3.1 Digital Marketing Services Offered

BuzzTrail provides professional digital marketing services, including:

Strategic Services

• Digital marketing strategy development

• Brand positioning and messaging

• Market research and competitor analysis

• Marketing audits and assessments

• Business consultation services

• Growth strategy planning

• Channel optimization recommendations

Search Engine Optimization (SEO)

• Technical SEO audits and optimization

• On-page SEO (content, meta tags, structure)

• Off-page SEO (link building, citations)

• Local SEO and Google Business Profile optimization

• Keyword research and strategy

• SEO content creation and optimization

• Performance tracking and reporting

Pay-Per-Click Advertising (PPC)

• Google Ads campaign management

• Meta Ads (Facebook/Instagram)

• LinkedIn advertising

• Twitter/X advertising

• Display and video advertising

• Shopping/e-commerce campaigns

• Retargeting and remarketing

• Ad copywriting and creative development

• Landing page optimization

• Campaign analytics and reporting

Social Media Marketing

• Social media strategy development

• Content creation and curation

• Community management and engagement

• Social media advertising

• Influencer marketing coordination

• Social listening and monitoring

• Platform-specific optimization

• Analytics and reporting

Content Marketing

• Content strategy development

• Blog writing and management

• Article and editorial creation

• Video production and editing

• Infographic design

• eBook and whitepaper creation

• Case studies and testimonials

• Email newsletter content

• Website copywriting

Email Marketing

• Email strategy development

• Campaign creation and management

• List building and segmentation

• Email automation and workflows

• Template design and coding

• A/B testing and optimization

• Performance analytics

Web Development & Design

• Website design and development

• E-commerce solutions

• Landing page creation

• Website optimization and speed improvements

• Mobile responsiveness

• CMS setup and training

• Website maintenance and updates

• Hosting and technical support

Analytics & Reporting

• Google Analytics setup and configuration

• Conversion tracking implementation

• Custom dashboard creation

• Performance reporting and insights

• Data analysis and recommendations

• ROI measurement and attribution

Creative Services

• Graphic design

• Logo and brand identity development

• Marketing collateral design

• Social media graphics

• Presentation design

• Print design services

3.2 Service Delivery

How We Work:

Step 1: Discovery & Consultation

• Initial consultation to understand goals

• Assessment of current marketing efforts

• Identification of opportunities and challenges

• Discussion of budget and timeline

Step 2: Proposal & Agreement

• Detailed proposal with scope, deliverables, timeline

• Transparent pricing breakdown

• Review and negotiation period

• Formal service agreement execution

Step 3: Onboarding

• Gathering necessary access and credentials

• Brand materials and asset collection

• Stakeholder introductions

• Project management system setup

• Kickoff meeting and timeline confirmation

Step 4: Execution

• Implementation according to agreed scope

• Regular progress updates and communication

• Quality assurance and testing

• Client review and feedback periods

• Revisions as per agreement

Step 5: Delivery & Reporting

• Final deliverable presentation

• Performance reporting and analytics

• Knowledge transfer and training

• Documentation and handover

• Ongoing support as applicable

Step 6: Optimization (Ongoing Services)

• Continuous monitoring and analysis

• Data-driven optimization

• Regular reporting and check-ins

• Strategy refinement

• Scaling successful initiatives

3.3 Service Customization

Tailored Solutions:

• Services customized to client needs

• Flexible engagement models (project-based, retainer, hourly)

• Scalable solutions that grow with your business

• Industry-specific approaches

• Budget-conscious options available

What's Included vs. Additional Services:

• Each service agreement clearly defines inclusions

• Additional requests beyond scope may incur extra charges

• Change requests evaluated for impact on timeline and budget

• Transparent communication about scope changes

3.4 Service Limitations

We Do Not:

• ❌ Guarantee specific rankings, traffic, or conversion numbers

• ❌ Engage in black-hat or unethical SEO tactics

• ❌ Violate platform advertising policies

• ❌ Create misleading or deceptive content

• ❌ Provide legal, financial, or medical advice

• ❌ Guarantee results dependent on third-party algorithms

• ❌ Take responsibility for client's business decisions

• ❌ Provide services for illegal, unethical, or restricted industries

Restricted Industries: We reserve the right to decline services for:

• Illegal products or services

• Adult/explicit content

• Gambling (without proper licensing)

• Weapons and ammunition

• Tobacco and e-cigarettes

• Pharmaceuticals without proper authorization

• Multi-level marketing schemes

• Hate speech or discriminatory content

• Fraudulent or deceptive businesses

4. CLIENT OBLIGATIONS AND RESPONSIBILITIES

4.1 General Responsibilities

As a Client, you agree to:

Provide Accurate Information:

• ✓ Supply truthful business and contact information

• ✓ Provide accurate brand materials and guidelines

• ✓ Disclose relevant business constraints or requirements

• ✓ Inform us of any changes affecting the engagement

Timely Communication:

• ✓ Respond to requests within agreed timeframes (typically 48-72 hours)

• ✓ Attend scheduled meetings and calls

• ✓ Provide feedback on deliverables within review periods

• ✓ Notify us promptly of concerns or issues

Access and Credentials:

• ✓ Provide necessary account access (Google Ads, analytics, social media, etc.)

• ✓ Grant appropriate permissions and admin rights

• ✓ Maintain security of shared credentials

• ✓ Notify us of any security concerns

Approval and Decision-Making:

• ✓ Review deliverables within agreed timeframes

• ✓ Provide clear, actionable feedback

• ✓ Make timely decisions on proposed strategies

• ✓ Designate authorized decision-makers

Payment:

• ✓ Pay invoices by due dates

• ✓ Maintain valid payment methods

• ✓ Notify us of billing issues promptly

• ✓ Cover third-party costs (ad spend, tools, licenses)

4.2 Content and Materials

Client-Provided Materials:

You agree to provide:

• Brand assets (logos, fonts, colors, guidelines)

• Product/service information

• Target audience insights

• Access to existing marketing materials

• Necessary legal documentation

Your Representations:

You warrant that:

• ✓ You own or have rights to all provided materials

• ✓ Materials don't infringe third-party intellectual property

• ✓ Information provided is accurate and current

• ✓ Materials comply with applicable laws and regulations

• ✓ You have authority to use and share materials

Consequences of Misrepresentation:

• You indemnify BuzzTrail for claims arising from your materials

• We may suspend services if materials violate laws or policies

• Additional costs for addressing issues are your responsibility

4.3 Cooperation and Collaboration

Required Cooperation:

Information Sharing:

• Provide access to necessary platforms and accounts

• Share performance data and analytics

• Disclose relevant business information

• Inform us of internal initiatives affecting marketing

Feedback and Revisions:

• Provide constructive, specific feedback

• Consolidate feedback from stakeholders

• Respect agreed revision limits

• Understand that extensive changes may require scope adjustment

Meetings and Communication:

• Attend scheduled status meetings

• Be available for urgent matters

• Respond to time-sensitive requests promptly

• Designate backup contacts if unavailable

Testing and Approval:

• Review and test deliverables thoroughly

• Approve work before implementation

• Understand that post-approval changes may incur fees

• Provide final sign-off before project closure

4.4 Compliance Requirements

Legal Compliance:

You represent and warrant that:

• Your business operates legally in all applicable jurisdictions

• Products/services comply with consumer protection laws

• Advertising claims are truthful and substantiated

• You have necessary licenses and permits

• You comply with data protection and privacy laws

Platform Policies:

You agree to:

• Comply with advertising platform policies (Google, Meta, LinkedIn, etc.)

• Not request services that violate platform terms

• Understand that platform violations may result in account suspension

• Take responsibility for policy compliance

Industry-Specific Regulations:

If applicable to your industry:

• Healthcare: HIPAA compliance, medical advertising regulations

• Finance: SEC regulations, truth in advertising

• Legal: Bar association advertising rules

• Real estate: Fair housing laws, disclosure requirements

Your Responsibility:

• You are ultimately responsible for legal compliance

• We provide marketing services, not legal advice

• Consult attorneys for legal compliance questions

• Inform us of industry-specific requirements

4.5 Prohibited Activities

You may not:

Misuse Services:

• ❌ Use services for illegal purposes

• ❌ Request unethical marketing tactics

• ❌ Demand guaranteed results we cannot control

• ❌ Ask us to violate platform policies

Misrepresent or Deceive:

• ❌ Provide false information about your business

• ❌ Request creation of misleading content

• ❌ Misrepresent competitor products/services

• ❌ Engage in fraudulent advertising

Interfere with Services:

• ❌ Reverse engineer our methods or tools

• ❌ Attempt unauthorized access to our systems

• ❌ Circumvent payment or contractual obligations

• ❌ Harass or abuse our team members

Competitive Activities:

• ❌ Use our proprietary methods for competitive purposes

• ❌ Share our strategies with competitors

• ❌ Hire our employees to circumvent our services

• ❌ Copy our service offerings or business model

Consequences:

• Immediate suspension or termination of services

• Forfeiture of payments and refunds

• Legal action for damages

• Reporting to appropriate authorities

5. PAYMENT TERMS AND CONDITIONS

5.1 Pricing and Fees

Service Pricing:

Pricing Models:

• Project-Based: Fixed fee for defined scope

• Monthly Retainer: Recurring monthly fee for ongoing services

• Hourly: Time-based billing for flexible engagements

• Performance-Based: Base fee plus performance incentives (select services)

• Hybrid: Combination of above models

What's Included in Our Fees:

• Professional services and expertise

• Strategy development and planning

• Content creation and optimization

• Campaign management and monitoring

• Reporting and analytics

• Project management and coordination

• Standard revisions (as defined in agreement)

• Client support and communication

What's NOT Included (Additional Costs):

• Third-party advertising spend (Google Ads, Meta Ads, etc.)

• Premium tools and software subscriptions

• Stock photography, videos, or music licensing

• Freelancer or contractor fees (if pre-approved)

• Domain registration and hosting

• Premium themes or plugins

• Printing and physical production

• Rush fees for expedited delivery

• Excessive revisions beyond agreed scope

Currency:

• All prices quoted in Indian Rupees (INR) unless otherwise specified

• International clients may be invoiced in USD or EUR

• Exchange rates fixed at time of invoice

5.2 Payment Methods

Accepted Payment Methods:

India:

• Bank transfer (NEFT/RTGS/IMPS)

• UPI (Google Pay, PhonePe, Paytm, etc.)

• Payment gateways (Razorpay, Instamojo)

• Credit/Debit cards

• Cheque (for amounts ₹25,000+)

International:

• Wire transfer

• PayPal

• Stripe

• Wise (TransferWise)

• Credit/Debit cards

Payment Information:

• Bank details provided on invoices

• Secure payment links sent via email

• Receipts issued for all payments

• GST invoices provided (India)

5.3 Payment Schedule

Project-Based Services:

Typical Payment Structure:

• Small Projects (<₹50,000): 50% upfront, 50% upon completion

• Medium Projects (₹50,000-₹2,00,000): 40% upfront, 30% at milestone, 30% completion

• Large Projects (>₹2,00,000): Milestone-based (typically 4-5 payments)

Example - Website Development:

Total Project: ₹1,50,000
Payment Schedule:
- 30% (₹45,000) - Upon contract signing
- 30% (₹45,000) - Design approval
- 30% (₹45,000) - Development completion
- 10% (₹15,000) - Final delivery and launch

Monthly Retainer Services:

Billing Cycle:

• Billed monthly in advance

• Invoice sent 5 days before due date

• Payment due by 1st of service month

• Auto-renewal unless cancelled

First Month:

• May include setup/onboarding fees

• Prorated if starting mid-month

• May require first + last month payment for high-value retainers

Ongoing Services:

• Monthly invoicing on same date each month

• Annual contracts may offer payment flexibility

• Quarterly or annual pre-payment discounts available

Hourly Services:

Billing:

• Invoiced bi-weekly or monthly

• Detailed time logs provided

• Minimum billing increment: 15 minutes

• Pre-purchased hour blocks available at discount

5.4 Invoice and Payment Terms

Invoicing:

• Invoices sent via email (PDF format)

• Include itemized breakdown of services

• Show applicable taxes (GST for India)

• Unique invoice number for tracking

• Payment instructions clearly stated

Payment Due Dates:

• Standard Terms: Net 15 (payment within 15 days of invoice)

• Project Deposits: Within 5 days of invoice

• Monthly Retainers: Due by 1st of service month

• Hourly Services: Net 15 from invoice date

Late Payments:

• Grace Period: 3 business days

• Late Fee: 2% per month (or maximum allowed by law)

• After 15 Days Late: Services may be paused

• After 30 Days Late: Services suspended, account sent to collections

• Interest: Compounding monthly on overdue amounts

Late Payment Process:

1. Day 1-3 (Grace Period): Friendly reminder email

2. Day 4-7: Formal notice of late payment

3. Day 8-15: Phone follow-up, late fee applied

4. Day 16+: Service pause, escalation

5. Day 31+: Termination, collection proceedings

5.5 Taxes

India (GST):

• 18% GST applicable on all services

• IGST for inter-state supplies

• CGST/SGST for intra-state supplies

• GST number: [To be included on actual invoice]

• Tax invoices provided for all transactions

International Clients:

• Subject to local tax laws

• Reverse charge mechanism may apply (EU)

• Client responsible for import/VAT taxes

• Tax residency certificates may be required

• Withholding tax compliance

Tax Documentation:

• Proper tax invoices issued

• Annual tax statements available

• Assistance with tax compliance (upon request)

• Records maintained per statutory requirements

5.6 Third-Party Costs

Advertising Spend:

How It Works:

• Client provides advertising budget separately from our fees

• We manage campaigns within approved budget

• Spent directly to platforms (Google, Meta, LinkedIn, etc.)

• Never refundable (see Refund Policy)

Payment Options:

• Client Direct: You pay platforms directly, we manage

• Through BuzzTrail: We pay platforms, invoice you (may include processing fee)

• Pre-Funded: Deposit funds with us, we allocate as needed

Other Third-Party Costs:

• Stock media (photos, videos, music)

• Premium tools and software

• Freelance specialists

• Printing and production

• Domain and hosting services

Approval Required:

• All third-party costs over ₹5,000 require prior approval

• Estimates provided before incurring costs

• Invoiced separately or itemized

• Receipts/documentation provided

5.7 Discounts and Promotions

Available Discounts:

Long-Term Commitment:

• 10% off for 6-month contract

• 15% off for 12-month contract

• Custom pricing for enterprise agreements

Pre-Payment:

• 5% off for quarterly pre-payment

• 10% off for semi-annual pre-payment

• 15% off for annual pre-payment

Referral Program:

• Refer a client: 10% off next month's services

• Referred client gets 10% off first month

• Unlimited referrals accepted

Seasonal Promotions:

• Holiday specials (Diwali, New Year, etc.)

• Anniversary offers

• Limited-time campaigns

• Newsletter subscriber exclusives

Terms:

• Discounts cannot be combined unless stated

• Applied at time of invoice

• May have minimum spend requirements

• Subject to change without notice

5.8 Refunds

Refund Policy:

• Governed by our separate Refund and Cancellation Policy

• Available at buzztrail.io/refund-policy

• Incorporated by reference into these Terms

• See Section 12 (Termination) for additional details

Non-Refundable Items:

• Third-party advertising spend

• Completed and approved work

• Setup and onboarding fees (after completion)

• Third-party tools and licenses

• Custom creative work (after approval)

5.9 Disputed Charges

If You Dispute a Charge:

Process:

1. Notify us within 7 days of invoice date

2. Email: hello@buzztrail.io with "Disputed Charge - [Invoice #]"

3. Provide: Specific items disputed and reason

4. Review: We'll investigate within 5 business days

5. Resolution: Correction, explanation, or adjustment

Good Faith:

• Payment not withheld for entire invoice due to partial dispute

• Undisputed portions paid on time

• Disputes resolved collaboratively

• Documentation provided for clarification

Chargebacks:

• Contact us before filing chargeback

• Chargebacks may result in service suspension

• We contest fraudulent chargebacks

• Additional fees may apply for chargeback processing

6. INTELLECTUAL PROPERTY RIGHTS

6.1 BuzzTrail's Intellectual Property

Our Proprietary Rights:

We retain all rights to:

• Methods and Processes: Our proprietary marketing strategies and methodologies

• Templates and Frameworks: Standard templates, frameworks, and tools we've developed

• Software and Code: Any proprietary software, scripts, or code we create

• Training Materials: Educational content, guides, and documentation

• Brand Assets: BuzzTrail logo, trademarks, and branding

• Pre-Existing Work: Materials created before this engagement or for other clients

What You Cannot Do:

• ❌ Reproduce our methodologies for commercial purposes

• ❌ Share our proprietary templates with third parties

• ❌ Reverse engineer our tools or systems

• ❌ Use our brand or trademarks without permission

• ❌ Claim our work as your own creation

License to Use:

• You receive a license to use deliverables created for you

• License is non-exclusive, non-transferable (unless stated)

• Terminates upon breach of this Agreement

• Survives for completed work even after agreement ends

6.2 Client-Provided Materials

Your Intellectual Property:

You retain all rights to:

• Your brand assets (logos, trademarks)

• Your product/service information

• Your business data and customer information

• Materials you provide to us

• Your existing content and creative works

License to BuzzTrail:

You grant us a limited license to:

• Use your materials to provide Services

• Display your brand in our work

• Create derivative works based on your materials (for the engagement)

• Use your materials in deliverables

Terms of License:

• Worldwide, non-exclusive, royalty-free

• Duration: For the term of this Agreement

• Purpose: Solely to provide Services to you

• Revocable upon termination (for certain uses)

6.3 Work Product and Deliverables

Ownership of Custom Work:

Upon Full Payment:

You own:

• ✓ Final approved deliverables created specifically for you

• ✓ Custom content (blogs, articles, videos)

• ✓ Custom graphics and designs (after approval)

• ✓ Website code and design (custom developed)

• ✓ Campaign assets created for your brand

BuzzTrail Retains:

• ✗ Underlying methodologies and processes

• ✗ Templates and frameworks

• ✗ Reusable components and modules

• ✗ Pre-existing materials

• ✗ General knowledge and experience

Work-for-Hire:

• Custom deliverables created as "work-for-hire" where applicable

• Full ownership transfers upon final payment

• You may use, modify, and distribute as you see fit

• Attribution appreciated but not required

Incomplete Work:

• Work not fully paid for remains BuzzTrail property

• No rights granted until final payment received

• We may retain and reuse for other purposes

6.4 Third-Party Materials

Licensed Content:

Stock Media:

• We may use stock photos, videos, music

• Licensed through platforms (Shutterstock, Adobe Stock, etc.)

• Licenses obtained in your name or ours

• You receive usage rights per license terms

• Cannot be used beyond license scope

Software and Tools:

• WordPress, plugins, themes may have own licenses

• Open-source components governed by their licenses (GPL, MIT, etc.)

• Premium tools may require your own licenses

• You're responsible for ongoing license compliance

Fonts and Design Elements:

• Custom fonts may require separate licensing

• Icon sets and UI elements have specific licenses

• Usage rights transferred as per license terms

• Additional fees for extended licenses

Your Responsibility:

• Maintain compliance with third-party licenses

• Renew licenses as needed

• Not redistribute beyond permitted use

• Understand restrictions and limitations

6.5 Portfolio and Case Studies

Use of Your Work in Our Marketing:

We May:

• Display your work in our portfolio

• Create case studies about our engagement

• Share results and performance data (anonymized if requested)

• Use your testimonials and reviews

• Feature your work on our website and social media

With Your Permission:

• We'll request permission for detailed case studies

• Client logo use requires approval

• Specific results/data shared with consent

• You may request anonymization

You May:

• Request removal from portfolio at any time

• Require approval before publishing case study

• Request confidentiality (no public sharing)

• Specify what can/cannot be shared

Confidential Engagements:

• NDA-protected work not shared publicly

• Sensitive industries handled discretely

• Generic references only (if any)

• Full confidentiality honored

6.6 Trademarks and Branding

Your Trademarks:

• You retain all trademark rights

• We use only as authorized

• No implied endorsement of BuzzTrail

• Cannot be used in misleading manner

Our Trademarks:

• "BuzzTrail" and our logo are our trademarks

• Cannot be used without permission

• Not for commercial use by clients

• "Powered by BuzzTrail" attribution appreciated

Domain Names:

• Domains registered for you belong to you

• Registered in your name (or transferred)

• We may assist with management

• You're responsible for renewals

7. CONFIDENTIALITY AND DATA PROTECTION

7.1 Confidential Information

Definition:

Confidential Information includes:

• Business strategies and plans

• Financial information

• Customer and user data

• Proprietary processes and methods

• Trade secrets

• Marketing strategies and campaigns

• Product roadmaps

• Pricing structures

• Non-public information marked "Confidential"

Obligations:

Both parties agree to:

• ✓ Keep Confidential Information strictly confidential

• ✓ Use only for purposes of this Agreement

• ✓ Protect with reasonable security measures

• ✓ Limit disclosure to need-to-know personnel

• ✓ Return or destroy upon request or termination

Exceptions (Not Confidential):

• Publicly available information

• Already known to receiving party

• Independently developed

• Disclosed by third party without restriction

• Required by law to disclose

Duration:

• Obligations survive for 3 years after termination

• Trade secrets protected indefinitely

• Statutory periods for certain data types

7.2 Data Protection and Privacy

Personal Data Handling:

We Comply With:

• Information Technology Act, 2000 (India)

• Digital Personal Data Protection Act (India)

• GDPR (for EU clients)

• CCPA (for California clients)

• Other applicable data protection laws

Your Data:

• Collected and processed per our Privacy Policy

• Used only for service delivery

• Protected with appropriate security measures

• Not sold or shared with unauthorized parties

• Retained per legal requirements

Your Responsibilities:

• Comply with data protection laws

• Have lawful basis for data you provide

• Obtain necessary consents

• Inform us of any data subject requests

• Maintain your own data security

Data Breaches:

• We'll notify you promptly of any breach

• Cooperate in investigating and remedying

• Take steps to prevent future breaches

• Comply with notification obligations

More Information:

• Full details in our Privacy Policy

• Available at buzztrail.io/privacy-policy

• Incorporated by reference

7.3 Access and Security

Account Access:

What We May Access:

• Marketing platforms (Google Ads, Meta Business Suite)

• Analytics accounts (Google Analytics)

• Social media accounts

• Website CMS and hosting

• Email marketing platforms

• Other tools necessary for services

Security Measures:

• Credentials stored securely (encrypted)

• Access limited to authorized personnel

• Two-factor authentication used where available

• Activity logged and monitored

• Credentials returned/deleted upon termination

Your Security Obligations:

• Provide access through proper channels

• Use strong passwords

• Enable security features

• Monitor for unauthorized access

• Notify us of security concerns

Revocation:

• You may revoke access anytime

• May impact our ability to provide services

• We'll return credentials securely

• Document any pending work dependent on access

8. WARRANTIES AND DISCLAIMERS

8.1 BuzzTrail's Warranties

We Warrant That:

Professional Standards:

• ✓ Services performed in professional, workmanlike manner

• ✓ Work conforms to industry best practices

• ✓ Deliverables meet agreed specifications

• ✓ Team has requisite skills and expertise

Authority and Compliance:

• ✓ We have authority to enter this Agreement

• ✓ Services don't infringe third-party IP rights

• ✓ We comply with applicable laws

• ✓ No conflicts of interest undisclosed

Good Faith:

• ✓ Honest and ethical business practices

• ✓ Accurate representation of capabilities

• ✓ Transparent communication

• ✓ Reasonable efforts to achieve objectives

Remedy for Breach:

• If we breach these warranties

• We'll re-perform services at no cost

• Or provide refund per Refund Policy

• This is your sole remedy for breach of warranty

8.2 Disclaimers

NO GUARANTEE OF RESULTS:

We Do NOT Warrant:

SEO and Organic Results:

• ❌ Specific search engine rankings

• ❌ Guaranteed traffic increases

• ❌ Particular keyword positions

• ❌ Protection from algorithm changes

• ❌ Immunity from competitor actions

Paid Advertising:

• ❌ Specific click-through rates

• ❌ Guaranteed conversion rates

• ❌ Particular cost-per-acquisition

• ❌ Advertising platform approval

• ❌ Specific return on ad spend (ROAS)

Social Media:

• ❌ Follower growth numbers

• ❌ Viral content or engagement rates

• ❌ Platform algorithm favorability

• ❌ Influencer response or participation

Business Outcomes:

• ❌ Sales or revenue increases

• ❌ Lead generation quantities

• ❌ Customer acquisition numbers

• ❌ Business growth or success

• ❌ Competitive advantage

Why No Guarantees:

• Many factors beyond our control

• Search engine algorithms change constantly

• Advertising platforms have own policies

• Market conditions vary

• Competitor actions unpredictable

• User behavior differs

• Client business execution matters

What We DO Promise:

• Best practices implementation

• Data-driven decision making

• Continuous optimization

• Transparent reporting

• Professional expertise

• Reasonable efforts toward goals

8.3 Third-Party Platforms

Platform Disclaimers:

No Control Over:

• Google, Meta, LinkedIn, or other platform policies

• Algorithm changes or updates

• Platform feature availability

• Account suspensions or bans

• Platform uptime or outages

• Terms of Service changes

Your Responsibility:

• Maintain compliance with platform policies

• Accept platform terms and conditions

• Understand platform-specific risks

• React to platform policy changes

• Address platform violations

Our Role:

• Advise on best practices

• Help maintain compliance

• Advocate with platforms (when possible)

• Adapt strategies to platform changes

• Inform you of relevant updates

Platform Actions:

• We're not liable for platform decisions

• Account suspensions not our responsibility

• Algorithm changes may impact results

• Platform policy violations by you void warranties

8.4 Disclaimer of Other Warranties

DISCLAIMER:

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Services provided "AS IS" and "AS AVAILABLE"

WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Implied warranties of merchantability

• Fitness for particular purpose

• Non-infringement

• Course of dealing or usage of trade

• Uninterrupted or error-free service

• Specific results or outcomes

Some Jurisdictions:

• May not allow disclaimer of implied warranties

• In such cases, disclaimers limited to extent permitted by law

• Statutory consumer rights not affected

9. LIMITATION OF LIABILITY

9.1 Cap on Liability

MAXIMUM LIABILITY:

To the fullest extent permitted by law, BuzzTrail's total aggregate liability arising from or related to this Agreement shall not exceed the amount paid by Client to BuzzTrail in the twelve (12) months preceding the claim.

For Projects Under 12 Months:

• Liability capped at total amount paid for that specific project

Example:

Monthly retainer: ₹50,000
Duration: 6 months
Total paid: ₹3,00,000

Maximum BuzzTrail liability: ₹3,00,000

9.2 Excluded Damages

NO LIABILITY FOR CONSEQUENTIAL DAMAGES:

We Are Not Liable For:

Indirect Damages:

• ❌ Lost profits or revenue

• ❌ Lost business opportunities

• ❌ Lost data or information

• ❌ Business interruption

• ❌ Lost goodwill or reputation

• ❌ Cost of substitute services

Special or Incidental Damages:

• ❌ Exemplary or punitive damages

• ❌ Speculative damages

• ❌ Reliance damages

• ❌ Emotional distress

Consequential Damages:

• ❌ Third-party claims

• ❌ Regulatory fines or penalties

• ❌ Loss of customers

• ❌ Market share loss

Even If:

• We were advised of possibility of such damages

• Such damages were foreseeable

• Remedy fails of essential purpose

9.3 Exceptions to Limitations

Limitations Do NOT Apply To:

Unlimited Liability For:

• Gross negligence or willful misconduct

• Fraud or fraudulent misrepresentation

• Death or personal injury caused by negligence

• Violation of confidentiality obligations

• Intellectual property infringement we caused

• Obligations that cannot be limited by law

Indemnification:

• Indemnification obligations in Section 10 not subject to cap

• You remain responsible for indemnifying us per those terms

9.4 Basis of the Bargain

Essential Terms:

These limitations and disclaimers:

• Are fundamental elements of basis of bargain

• Reflect allocation of risk between parties

• Considered in pricing of services

• Apply even if remedies fail essential purpose

• Survive termination of Agreement

Without These Limitations:

• Services would cost significantly more

• We couldn't offer services at current pricing

• Risk would be unmanageable

10. INDEMNIFICATION

10.1 Client Indemnification Obligations

You Agree to Indemnify BuzzTrail:

Indemnity Coverage:

You will defend, indemnify, and hold harmless BuzzTrail, its owners, employees, contractors, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your Materials:

• Claims that your materials infringe third-party IP rights

• Claims that your materials violate privacy or publicity rights

• Defamatory, libelous, or unlawful content you provided

• Trademark or copyright infringement in your materials

Your Business:

• Claims related to your products or services

• Consumer complaints or disputes

• Regulatory violations in your industry

• False advertising or unfair competition claims

Your Actions:

• Violation of this Agreement by you

• Violation of applicable laws or regulations

• Platform policy violations you committed

• Misrepresentation or fraud

Your Instructions:

• Claims arising from following your specific instructions

• Legal issues from campaigns you directed

• Content you approved despite our warnings

Your Use of Deliverables:

• How you use our deliverables after delivery

• Modifications you make to our work

• Contexts in which you deploy our work

10.2 Indemnification Process

How Indemnification Works:

Step 1: Notice

• We notify you promptly of any claim

• Provide details of claim and claimant

• Forward relevant correspondence

Step 2: Control

• You assume control of defense

• Select legal counsel (subject to our approval)

• Keep us informed of proceedings

Step 3: Cooperation

• We cooperate in defense of claim

• Provide relevant information and documents

• Make personnel available for depositions/testimony

• At your expense

Step 4: Settlement

• You may not settle without our consent

• Settlement cannot impose obligations on us

• Settlement cannot admit our liability

• Must include full release of BuzzTrail

Step 5: Resolution

• You pay all judgments, settlements, costs

• Reimburse our cooperation costs

• No right to recoup from service fees

10.3 BuzzTrail Indemnification Obligations

We Agree to Indemnify You:

Our Indemnity Coverage:

We will defend, indemnify, and hold you harmless from claims arising from:

Our Work Product:

• Claims that our deliverables (excluding your materials) infringe third-party IP rights

• Copyright or trademark infringement in our original work

• Patent infringement (unlikely but covered)

Our Actions:

• Gross negligence or willful misconduct by us

• Fraud or fraudulent misrepresentation

• Violation of law by BuzzTrail

Limitations on Our Indemnity:

• Only covers our original work (not your materials)

• Not if you modified deliverables causing infringement

• Not if used outside agreed scope

• Not if combined with other materials causing infringement

• Subject to liability caps in Section 9

Process:

• Same process as above (notice, control, cooperation, settlement)

• You provide prompt notice of claims

• We control defense

• You cooperate at our expense

10.4 Survival

Indemnification Survives:

• Obligations survive termination of Agreement

• Remain in force indefinitely

• Apply to claims arising from work performed during term

• Not limited by Agreement termination date

11. TERM AND TERMINATION

11.1 Term of Agreement

Agreement Duration:

Effective Date:

• Agreement begins when you accept terms

• Acceptance occurs by: signing agreement, making payment, or using services

Duration:

Project-Based:

• Continues until project completion

• Typically 1-6 months depending on scope

• Ends upon delivery and payment of final invoice

Monthly Retainer:

• Month-to-month unless otherwise specified

• Auto-renews each month

• Continues until terminated by either party

Fixed-Term Contracts:

• 3, 6, or 12-month commitments

• Starts on effective date

• Auto-renews for successive periods unless cancelled

Custom Arrangements:

• As specified in Service Agreement

• May have unique duration or renewal terms

11.2 Termination for Convenience

Client Termination:

You May Terminate:

Month-to-Month Services:

• Provide 30 days written notice

• Email to hello@buzztrail.io

• Effective at end of notice period

• Subject to Refund Policy

Fixed-Term Contracts:

• Early termination may incur fees

• Pay for completed work plus termination fee

• Or pay remaining contract value (discounted contracts)

• Case-by-case negotiation possible

Project-Based:

• Can terminate at project milestones

• Pay for completed milestones

• Plus reasonable compensation for work in progress

• See Refund Policy for details

BuzzTrail Termination:

We May Terminate:

• Provide 30 days written notice for convenience

• Refund unused prepayments

• Complete current month's obligations

• Provide transition assistance

11.3 Termination for Cause

Immediate Termination Allowed:

Client Cause:

You may terminate immediately if:

• Material breach by BuzzTrail

• Failure to deliver services for 30+ days

• Gross negligence or willful misconduct

• Fraud or misrepresentation

Process:

• Written notice specifying breach

• 7-day cure period (for curable breaches)

• If not cured, termination effective immediately

• Entitled to refund per Refund Policy

BuzzTrail Cause:

We may terminate immediately if:

• Non-payment after 30 days past due

• Material breach of this Agreement

• Misrepresentation or fraud

• Illegal or unethical requests

• Abusive behavior toward staff

• Client becomes insolvent or bankrupt

• Violation of platform policies endangering our accounts

Process:

• Written notice of breach

• 7-day cure period (if applicable)

• If not cured, immediate termination

• No refund for cause termination

Examples of Material Breach:

• Failure to pay invoices

• Unauthorized use of our IP

• Providing false information

• Requesting illegal services

• Sharing confidential information

• Disparagement campaign against BuzzTrail

11.4 Effects of Termination

Upon Termination:

Immediate Effects:

• Services cease (or after notice period)

• Access to platforms revoked

• Active campaigns paused or transferred

• Communication channels closed

Financial Settlement:

• Final invoice for work performed

• Processing of any eligible refunds

• Payment of outstanding balances

• Return of deposits (if applicable)

Deliverables:

• Transfer of completed work

• Delivery of final reports

• Handover of access credentials

• Documentation provided

Data and Materials:

• Return of your confidential information

• Deletion of non-essential data

• Return of provided materials

• Archival of necessary records (per law)

Intellectual Property:

• License to use deliverables (if paid in full)

• Return of your IP and materials

• Cessation of our license to use your materials

• Portfolio rights may remain (unless NDA)

Ongoing Obligations:

• Confidentiality survives

• Indemnification survives

• Payment obligations survive

• Warranty disclaimers survive

• Limitation of liability survives

11.5 Transition Assistance

Helping You Move On:

We Provide:

• Access credentials and login information

• Documentation of work performed

• Export of data and analytics

• Campaign settings and configurations

• Knowledge transfer (1-2 transition calls)

• Recommendations for continuity

Duration:

• 30-day transition period (standard)

• Extended transition available (fee may apply)

• Emergency support (first 7 days free)

Not Included:

• Training your new team extensively

• Ongoing support after transition period

• Free consulting or advice

• Rebuilding lost documentation

Your Responsibilities:

• Designate transition contact

• Coordinate transition activities

• Migrate data and assets promptly

• Settle all outstanding payments

• Respect our IP and confidentiality

12. DISPUTE RESOLUTION

12.1 Good Faith Negotiations

First Step - Informal Resolution:

Before Legal Action:

• Parties agree to negotiate in good faith

• Senior representatives meet to discuss

• 30-day negotiation period

• Document discussions and proposals

Process:

1. Notice: Written notice of dispute to other party

2. Meeting: Representatives meet within 14 days

3. Negotiation: Good faith attempt to resolve

4. Documentation: Record of positions and proposals

5. Resolution or Escalation: Settle or move to next step

Benefits:

• Cost-effective resolution

• Preserves business relationship

• Faster than formal proceedings

• Flexible solutions possible

12.2 Mediation

Second Step - Mediation:

If Negotiation Fails:

• Parties submit to mediation

• Neutral third-party mediator

• Non-binding recommendation

• Confidential process

Mediation Terms:

• Mediator selected by mutual agreement

• Or appointed by mediation institution

• Conducted in Noida, Uttar Pradesh

• English language proceedings

• Costs shared equally

• 60-day mediation period

Indian Mediation:

• Governed by proposed Mediation Act

• May use institutional mediation services

• Recognized mediators with relevant expertise

Outcome:

• Settlement agreement (if successful)

• Or proceed to arbitration/litigation

• Discussions not admissible in later proceedings

12.3 Arbitration

Third Step - Binding Arbitration:

Mandatory Arbitration:

• Disputes not resolved through mediation

• Submitted to binding arbitration

• Final and enforceable decision

Arbitration Terms:

Governing Rules:

• Arbitration and Conciliation Act, 1996 (India)

• Institutional rules if agreed (ICC, SIAC, etc.)

Arbitrator:

• Single arbitrator for disputes under ₹25,00,000

• Three arbitrators for larger disputes

• Selected per Arbitration Act provisions

• Or per institutional rules

Seat and Venue:

• Seat of arbitration: Noida, Uttar Pradesh, India

• Hearings conducted in Noida or virtually

Language:

• English

Procedure:

• Document-based or hearing-based (arbitrator decides)

• Discovery as permitted by arbitrator

• Expedited timelines encouraged

• Decision within 12 months (goal)

Award:

• Reasoned award required

• Final and binding on both parties

• Enforceable in any competent court

• Limited grounds for challenge

Costs:

• Loser pays arbitration costs (typically)

• Or as allocated by arbitrator

• Each party bears own legal fees (unless arbitrator orders otherwise)

Exception - Small Claims:

• Disputes under ₹2,00,000 may skip arbitration

• Can proceed directly to small causes court

• At claimant's option

12.4 Litigation

Last Resort - Court Action:

If Arbitration Not Applicable:

• Or as permitted by law

• Litigation in competent courts

Jurisdiction and Venue:

• Exclusive Jurisdiction: Courts of Noida, Uttar Pradesh, India

• Both parties submit to jurisdiction

• No objection to venue

Governing Law:

• Laws of India

• Uttar Pradesh state laws

• Noida local regulations

Service of Process:

• At addresses in this Agreement

• Or as updated per Section 13.8

Appeals:

• As permitted by applicable law

• Appellate courts in Uttar Pradesh

12.5 Equitable Relief

Injunctive Relief:

Notwithstanding Arbitration:

• Either party may seek injunctive relief in court

• For breach of confidentiality

• For IP infringement

• For urgent matters requiring immediate relief

Examples:

• Temporary restraining order

• Preliminary injunction

• Urgent interim measures

Process:

• May seek from court of competent jurisdiction

• Does not waive arbitration for underlying dispute

• Limited to injunctive relief only

12.6 Class Action Waiver

NO CLASS ACTIONS:

Both Parties Waive:

• Right to bring class action

• Right to participate in class action

• Right to join claims with others

• Right to representative action

Individual Basis Only:

• All disputes resolved individually

• One claimant vs. one respondent

• No consolidation of claims

• No joint proceedings

Exception:

• If class waiver unenforceable by law

• Severability applies (rest of arbitration agreement stands)

12.7 Statute of Limitations

Time Limit for Claims:

Claims Must Be Brought Within:

• Breach of Contract: 3 years from date of breach

• Negligence: 3 years from date of damage

• IP Infringement: 3 years from discovery

• Other Claims: Per applicable limitation period

Shorter Period Agreed:

• Parties agree to 2-year limitation period

• Runs from date cause of action accrued

• Or earlier period mandated by law

Waiver:

• Failure to bring claim timely waives claim

• No revival of time-barred claims

13. GENERAL PROVISIONS

13.1 Entire Agreement

Complete Understanding:

This Agreement, together with:

• Service Agreement or Proposal

• Privacy Policy

• Refund Policy

• Cookie Policy

• Any attached schedules or exhibits

Constitutes the entire agreement between parties.

Supersedes:

• All prior negotiations

• All prior agreements (written or oral)

• All prior understandings

• All contemporaneous oral agreements

No Reliance:

• Neither party relied on statements outside this Agreement

• No implied terms or conditions

• Only written terms in Agreement apply

13.2 Amendments and Modifications

Changes to Terms:

How Terms May Be Modified:

• Written amendment signed by both parties

• Or updated version posted on website (for general terms)

Notice of Changes:

• Email notification to active clients

• 30-day advance notice of material changes

• Effective date clearly stated

• Continued use constitutes acceptance

Service Agreement Changes:

• Require written consent (email accepted)

• Change orders for scope modifications

• Price adjustments documented

• Both parties must agree

No Oral Modifications:

• Oral changes not binding

• Must be in writing

• Signed or emailed by authorized representative

13.3 Severability

Invalid Provisions:

If Any Provision:

• Found unenforceable by court

• Deemed invalid or illegal

• Conflicts with applicable law

Then:

• Invalid provision severed from Agreement

• Remaining provisions continue in full force

• Invalid provision reformed to be enforceable (if possible)

• Intent of parties preserved

Example:

• If limitation of liability unenforceable

• Rest of Agreement remains valid

• Parties negotiate replacement provision

13.4 Waiver

No Waiver by Inaction:

Failure to Enforce:

• Our failure to enforce any provision

• Does not waive right to enforce later

• Does not waive right to enforce other provisions

• Not a modification of Agreement

Waiver Must Be Written:

• Express written waiver required

• Specific to circumstance

• Does not waive future violations

• Does not create ongoing waiver

No Waiver of Breach:

• Accepting late payment doesn't waive timely payment requirement

• Allowing breach once doesn't permit future breaches

• Course of dealing doesn't modify terms

13.5 Assignment

Client Assignment:

You May Not Assign:

• Cannot assign this Agreement without our consent

• Cannot transfer obligations to third party

• Cannot delegate responsibilities

Exceptions:

• Assignment to affiliate or subsidiary (with notice)

• Assignment in connection with merger or acquisition (with notice)

BuzzTrail Assignment:

We May Assign:

• To affiliate or subsidiary

• To successor in business

• In connection with merger or acquisition

Notice:

• We'll notify you of assignment

• Services continue uninterrupted

• Terms remain the same

• No additional consent needed

Subcontracting:

• We may subcontract portions of work

• We remain responsible for subcontractor performance

• Subcontractors bound by same obligations

• No additional cost to you

13.6 Force Majeure

Excused Performance:

Neither Party Liable for Delays Due To:

• Acts of God (earthquakes, floods, fires)

• Pandemics or epidemics

• War, terrorism, civil unrest

• Government actions or regulations

• Internet or telecommunications failures

• Power outages

• Labor strikes

• Other events beyond reasonable control

Notice:

• Affected party notifies other promptly

• Describes event and expected impact

• Updates regularly on status

Obligations During Force Majeure:

• Use reasonable efforts to mitigate

• Resume performance when possible

• Keep other party informed

Extended Force Majeure:

• If lasts more than 90 days

• Either party may terminate

• Refund of prepaid amounts for undelivered services

• No liability for termination

13.7 Relationship of Parties

Independent Contractor:

BuzzTrail Is:

• Independent contractor

• Not employee or agent

• Not partner or joint venture

Implications:

• No employment relationship

• No authority to bind Client

• No employee benefits

• Responsible for own taxes

• Own insurance and liabilities

Client Control:

• Client controls only final output

• Not day-to-day work methods

• Not work schedule or location

• Not BuzzTrail personnel decisions

No Exclusivity:

• BuzzTrail may serve other clients

• Including competitors (subject to confidentiality)

• No exclusive relationship unless specified

13.8 Notices

How to Give Notice:

Effective Notice:

• Must be in writing

• Email acceptable for most notices

• Physical mail for legal notices

Contact Information:

To Client:

• Address in Service Agreement

• Email in Service Agreement

• Or as updated by Client

To BuzzTrail:

• Email: hello@buzztrail.io

• Address: B-85, Sector-64, Noida, Uttar Pradesh, India - 201301

• WhatsApp: +91 9205041396 (for informal communication only)

Deemed Received:

• Email: Upon transmission (if business day)

• Physical Mail: 5 days after mailing

• Personal Delivery: Upon delivery

Required Notices:

• Termination notices

• Breach notifications

• Dispute notices

• Material changes

• Legal process

Change of Address:

• Notify other party promptly

• Email acceptable

• Update within 10 days of change

13.9 Survival

Provisions That Continue:

After Termination, These Sections Survive:

• Payment obligations

• Confidentiality

• Intellectual property provisions

• Indemnification

• Warranties and disclaimers

• Limitation of liability

• Dispute resolution

• General provisions

Rationale:

• Some obligations inherently continue

• Protection needed beyond term

• Legal requirements

• Practical necessity

13.10 Counterparts and Electronic Signatures

Signing This Agreement:

Execution:

• May be signed in counterparts

• Each counterpart is original

• All counterparts together constitute one agreement

Electronic Signatures:

• Electronic signatures valid

• Email acceptance valid

• Online acceptance valid (checkbox, button)

• Same effect as handwritten signature

Information Technology Act, 2000:

• Electronic records and signatures valid

• Same legal effect as paper documents

• Admissible in evidence

13.11 Interpretation

Rules of Construction:

Headings:

• For convenience only

• Not part of substantive terms

• Don't affect interpretation

Examples:

• Illustrative only

• Not exhaustive

• Don't limit general statements

Including:

• Means "including but not limited to"

• Not exclusive list

• Examples don't limit broader term

Language:

• English language controls

• Translations for convenience only

• English version prevails if conflict

Ambiguity:

• Not construed against drafter

• Interpreted fairly to both parties

• Intent of parties considered

13.12 Third-Party Rights

No Third-Party Beneficiaries:

This Agreement Is:

• Between BuzzTrail and Client only

• No third parties have rights

• No third-party enforcement

Exceptions:

• BuzzTrail affiliates and subcontractors (for certain protections)

• Successors and permitted assigns

13.13 Government Contracts

Public Sector Clients:

If Client Is Government Entity:

• May have additional requirements

• Special terms may apply

• Subject to procurement regulations

• Conflict of interest rules

• Public disclosure may be required

Amendments:

• Mutually negotiate necessary changes

• Comply with government contracting rules

• Maintain core business protections

14. COMPLIANCE WITH LAWS

14.1 General Compliance

Legal Obligations:

Both Parties Agree To:

• Comply with all applicable laws and regulations

• Obtain necessary licenses and permits

• Follow industry-specific regulations

• Respect third-party rights

India-Specific:

• Companies Act, 2013

• Income Tax Act, 1961

• GST regulations

• Information Technology Act, 2000

• Consumer Protection Act, 2019

• Advertising Standards Council of India (ASCI) code

International (if applicable):

• GDPR (EU clients)

• CCPA (California clients)

• CAN-SPAM Act (email marketing)

• TCPA (phone/SMS marketing)

14.2 Anti-Corruption

No Bribery or Corruption:

Prohibited:

• Bribery of government officials

• Kickbacks or improper payments

• Facilitating payments

• Conflicts of interest (undisclosed)

Compliance:

• Prevention of Corruption Act, 1988 (India)

• Foreign Corrupt Practices Act (if applicable)

• UK Bribery Act (if applicable)

Certification:

• Neither party will engage in corrupt practices

• Will report any suspected violations

• Cooperate in investigations

14.3 Data Protection

Privacy Compliance:

Applicable Laws:

• Information Technology Act, 2000

• Digital Personal Data Protection Act (India)

• GDPR (if processing EU data)

• CCPA (if processing California data)

Obligations:

• Lawful data processing

• Appropriate security measures

• Data subject rights respected

• Breach notification

• Data processing agreements (if required)

See Privacy Policy:

• Full details at buzztrail.io/privacy-policy

• Incorporated by reference

14.4 Advertising Regulations

Truth in Advertising:

Standards:

• ASCI Code (India)

• FTC guidelines (US, if applicable)

• No false or misleading claims

• Substantiation for claims required

• Clear disclosures

Platform Policies:

• Google Ads policies

• Meta advertising policies

• LinkedIn advertising policies

• Other platform-specific rules

Special Categories:

• Healthcare advertising regulations

• Financial services advertising

• Legal services advertising

• Alcohol and tobacco (if permitted)

• Children's advertising protections

Your Responsibility:

• Claims must be truthful

• You substantiate all claims

• Comply with industry regulations

• Obtain necessary approvals

15. FREQUENTLY ASKED QUESTIONS

Q1: How do these Terms relate to my Service Agreement?

A: Your specific Service Agreement takes precedence over these general Terms. The hierarchy is:

1. Signed Service Agreement (most specific)

2. Written Proposal

3. These Terms of Service

4. Other policies

These Terms fill in gaps not covered in your specific agreement.

Q2: Can you work with my competitor?

A: Yes, we may serve clients in the same industry, including competitors. However:

• We maintain strict confidentiality

• Your strategies and data never shared

• Information barriers between client accounts

• We can discuss exclusivity arrangements (additional fee)

Q3: What happens if you make a mistake in my campaign?

A: We take responsibility:

• Immediate correction at no cost

• Compensation for financial loss (up to our fees)

• Prevention measures implemented

• Transparent communication

We're not liable for platform changes, algorithm updates, or factors outside our control.

Q4: Do you guarantee results like "page 1 ranking" or "X% ROI"?

A: No, we do not guarantee specific results because:

• Many factors beyond our control

• Search algorithms constantly change

• Market conditions vary

• Competitor actions unpredictable

We guarantee professional service, best practices, and reasonable efforts.

Q5: Can I cancel anytime without penalty?

A: Depends on your agreement type:

• Month-to-month: Yes, with 30-day notice

• Fixed-term: May have early termination fees

• Project-based: Can cancel at milestones, pay for completed work

See Section 11 and our Refund Policy for details.

Q6: Who owns the content you create for me?

A: Upon full payment:

• You own custom content created specifically for you

• We retain underlying methods and templates

• You receive license to use deliverables

• See Section 6 for complete IP terms

Q7: What if I don't pay on time?

A: Late payment consequences:

• 3-day grace period (courtesy reminder)

• 2% monthly late fee after grace period

• Services paused after 15 days late

• Services terminated after 30 days

• Account sent to collections

• Legal action possible

Please communicate if you have payment difficulties.

Q8: Can I use your strategies with another agency?

A:

• You can use delivered work as you wish

• You cannot share our proprietary methods or templates

• Knowledge gained is yours

• Specific strategies we developed are yours

• Our processes and frameworks remain our IP

Q9: What happens to my accounts if we stop working together?

A: Smooth transition:

• We transfer all access credentials

• Provide documentation of work done

• Export data and reports

• 30-day transition support (standard)

• You retain all account ownership

Q10: Are you responsible if Google penalizes my site?

A: It depends:

• Our fault: If we used black-hat tactics (we don't), we're responsible

• Algorithm update: Not our responsibility (unpredictable)

• Your content: Not our responsibility

• Platform policy change: Not our responsibility

We use only white-hat, compliant techniques to minimize risks.

Q11: Can you sign an NDA?

A: Yes:

• We regularly sign client NDAs

• Confidentiality already in these Terms (Section 7)

• Custom NDAs reviewed case-by-case

• Mutual NDAs preferred

• Reasonable terms accommodated

Q12: What if there's a dispute we can't resolve?

A: Dispute resolution process:

1. Good faith negotiation (30 days)

2. Mediation (60 days)

3. Binding arbitration

4. Litigation (last resort)

Courts of Noida, Uttar Pradesh have exclusive jurisdiction.

Q13: Do these Terms ever change?

A: Yes, we may update:

• 30-day advance notice for material changes

• Posted on website with updated date

• Email notification to active clients

• Continued service = acceptance

Your specific Service Agreement typically not affected by updates.

Q14: What if I want exclusive rights to strategies you develop?

A: Possible with custom arrangement:

• Discuss during negotiation

• Additional fee applies

• Documented in Service Agreement

• Prevents us from using with others

• Typically significant upcharge

Standard engagement: You get non-exclusive rights.

Q15: Are you insured?

A: Yes:

• Professional liability insurance

• General liability insurance

• Cyber liability insurance

• Coverage details available upon request

Insurance doesn't replace contractual limitations and disclaimers.

16. CONTACT INFORMATION

16.1 General Inquiries

Email: hello@buzztrail.io
Response Time: 24-48 hours

WhatsApp: +91 9205041396
For: Quick questions, scheduling

Website: https://buzztrail.io

16.2 Legal Notices

For Legal Matters:
Email: Compliance@buzztrail.io
Subject: "Legal Notice - [Matter]"

Mailing Address:
BuzzTrail Digital Marketing Agency
B-85, Sector-64
Noida, Uttar Pradesh
India - 201301

16.3 Billing and Payments

Email: hello@buzztrail.io
Subject: "Billing Inquiry - [Invoice Number]"

16.4 Technical Support

Email: hello@buzztrail.io
Subject: "Technical Support - [Issue]"

16.5 Business Hours

Monday - Friday: 9:00 AM - 6:00 PM IST
Saturday: 10:00 AM - 2:00 PM IST
Sunday: Closed
Holidays: Indian national holidays

17. ACKNOWLEDGMENT AND ACCEPTANCE

By engaging BuzzTrail's services, you acknowledge and agree that:

✓ You have read these Terms of Service in their entirety
✓ You understand all provisions and their implications
✓ You have had opportunity to ask questions and seek clarification
✓ You have had opportunity to seek legal advice
✓ You accept these Terms voluntarily and without duress
✓ You have authority to bind yourself/your organization
✓ You will comply with all obligations herein
✓ These Terms constitute a legally binding agreement

Last Updated: January 30, 2025
Effective Date: January 30, 2025
Version: 1.0
Next Review: July 30, 2025

END OF TERMS OF SERVICE DOCUMENTATION