1 Introduction
These Terms and Conditions govern the use of the website and services provided by Merchind Offara Pvt Ltd, operating under the brand name Merchind.
By accessing our website, contacting us, requesting a proposal, making payment, or using our services, you agree to these Terms and Conditions.
2 Business Information
3 Services Provided
Merchind provides digital marketing and web-related services, including but not limited to:
- Social media marketing
- Meta Ads and Google Ads campaign management
- SEO services
- Website design and development
- Ecommerce marketing
- Content creation
- Branding and creative design
- Marketing consultation
- Campaign reporting and optimisation
The exact scope of work, timelines, deliverables, and charges will be defined in the proposal, quotation, invoice, agreement, or written communication shared with the client.
4 Client Responsibilities
The client agrees to provide accurate and timely information required to complete the work, including:
- Business details and brand assets
- Product and service information
- Login access where required
- Approvals and feedback
- Payment as per agreed terms
- Legal permissions for content, images, trademarks, and materials provided by the client
Any delay in providing required information, access, approval, or payment may affect project timelines and campaign performance.
5 Service Timelines
Service timelines may vary depending on the scope of work, client approvals, third-party platform response times, and technical requirements.
Merchind will make reasonable efforts to deliver services within the agreed timeline. However, delays caused by the client, third-party platforms, hosting providers, ad platforms, payment gateways, or other external factors will not be considered a failure of service.
6 Digital Marketing Results Disclaimer
Merchind works to improve visibility, leads, traffic, inquiries, and digital performance. However, digital marketing results depend on several factors, including:
- Market demand and product/service quality
- Pricing and competition
- Ad budget and landing page quality
- Customer response time
- Platform algorithm changes
- Seasonal behaviour
- Client-side sales conversion
Therefore, Merchind does not guarantee fixed sales, fixed leads, fixed rankings, fixed ROI, or fixed revenue unless specifically agreed in writing.
7 Advertising Budget
Unless clearly mentioned in writing, advertising budgets for Meta Ads, Google Ads, or other paid platforms are not included in Merchind's service charges.
The client is responsible for paying ad spend directly to the respective platform or as agreed in the proposal.
8 Payment Terms
Payment terms will be mentioned in the quotation, invoice, proposal, or agreement.
Work may begin only after receiving the agreed advance payment or confirmation. Merchind reserves the right to pause or stop services if payment is delayed beyond the agreed date.
9 Revisions and Approvals
Reasonable revisions may be provided depending on the nature of the service and agreed scope.
Once the client approves designs, content, campaign creatives, website pages, or deliverables, any major changes requested later may be treated as additional work and may be charged separately.
10 Intellectual Property
All materials provided by the client remain the property of the client.
Creative designs, website layouts, content, campaigns, and marketing materials created by Merchind will be transferred to the client after full payment, unless otherwise agreed.
Merchind may showcase completed work in its portfolio, website, social media, or presentations unless the client requests confidentiality in writing.
11 Third-Party Platforms
Merchind may use third-party platforms such as Meta, Google, WhatsApp, hosting providers, analytics tools, email tools, or website plugins.
Merchind is not responsible for:
- Third-party platform downtime or policy changes
- Account restrictions or ad disapprovals
- Payment gateway issues
- Hosting/server issues
- Algorithm changes or suspension by external platforms
We will support the client in resolving such issues where possible.
12 Website and Technical Services
For website design or development projects, the final scope will be based on the approved proposal. Unless included in writing, the following may be charged separately:
- Domain purchase and hosting
- Premium plugins and paid themes
- Stock images and copywriting
- Extra pages and third-party integrations
- Maintenance after delivery
- Major redesign after approval
13 Refund Policy
Refunds are handled based on the nature of the service, stage of work, and reason for cancellation.
Advance Payment Non-Refundable
Advance payments are generally used for planning, resource allocation, strategy, design, research, and project initiation. Therefore, advance payments are non-refundable once work has started.
Before Work Starts May Be Eligible
If the client cancels before any work has started, Merchind may refund the amount after deducting any payment gateway charges, administrative charges, or documented expenses already incurred.
After Work Starts Partial Review
Refund eligibility will be calculated based on the work completed, time spent, resources allocated, and third-party costs incurred. No refund for completed work, approved deliverables, or delivered services.
Monthly Services Non-Refundable
Digital marketing, SEO, social media management, and ad management fees for a started billing cycle are generally non-refundable. Ad spend paid to Meta or Google is subject to those platforms' policies.
Website Development Refunds
No refund will be provided after design approval, development completion, website handover, or deployment.
Service Dissatisfaction
If the client is dissatisfied with the service, the client must notify Merchind in writing with clear reasons. Merchind will review the concern and may offer corrections, revisions, service adjustment, or partial refund where appropriate.
Refund Timeline
Approved refunds, if any, will be processed within 7 to 15 working days from the date of written approval. Refunds will be made to the original payment method or bank account provided by the client.
14 Cancellation Policy
Clients must submit cancellation requests in writing through email or WhatsApp.
For monthly services, cancellation should be informed before the next billing cycle begins. If cancellation is requested after the billing cycle starts, charges for that cycle may still apply.
15 Confidentiality
Both Merchind and the client agree to keep confidential information private, including business data, strategies, customer data, campaign data, login details, pricing, and internal documents.
Confidential information will not be shared with third parties unless required for service delivery, legal compliance, or with written permission.
16 Limitation of Liability
Merchind will not be liable for indirect, incidental, special, or consequential losses, including loss of profits, revenue, business opportunities, data, or reputation.
The total liability of Merchind, if any, shall not exceed the amount paid by the client for the specific service giving rise to the claim.
17 Prohibited Use
Users and clients must not use our website or services for:
- Illegal activities or fraudulent marketing
- Misleading advertising or infringement of intellectual property
- Spamming or harmful, abusive, or offensive content
- Violation of any platform policy or law
Merchind reserves the right to refuse or discontinue services for businesses or campaigns that violate legal, ethical, or platform guidelines.
18 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of India.
Any disputes shall be subject to the jurisdiction of the courts located in Kerala, India, unless otherwise agreed in writing.
19 Changes to Terms
Merchind may update these Terms and Conditions from time to time. Updated terms will be posted on this page with the latest effective date.
20 Contact Us
For questions regarding these Terms and Conditions, contact: