1. Definitions
- "Agreement" means these Terms of Service.
- "Client" means the individual or entity engaging our services.
- "Company" means Meetesh Gupta Tradecon Pvt Ltd.
- "Services" covers Import-Export Consulting, Digital Marketing, and related advisory.
- "Deliverables" means all reports, documents, campaigns, materials provided to Client.
- "Force Majeure" means events beyond reasonable control (e.g. natural disasters, strikes, acts of God).
2. Scope & Engagement
The Company agrees to perform Services and deliver Deliverables as outlined in a written proposal or statement of work. Any variations must be agreed in writing by both parties.
3. Fees, Invoicing & Payment
- All fees are exclusive of taxes. Client shall pay GST and applicable duties.
- Import-Export fees: 50% deposit upon order, balance upon deliverable acceptance.
- Digital Marketing retainers: billed monthly in advance; ad spend invoiced post-campaign.
- Invoices due in 15 days. Late payments incur 1.5% interest per month and may suspend Services.
- Dispute Process: Client must notify disputes within 7 days of invoice date. Uncontested portions remain payable.
4. Deliverables & Acceptance
The Company will deliver drafts and final Deliverables electronically. Client shall review and provide acceptance or feedback within 5 business days. Failure to respond constitutes acceptance.
5. Intellectual Property
The Company retains all IP rights in methodologies, processes, and unmodified templates. Upon full payment, Client is granted a perpetual, non-exclusive license to use Deliverables for internal purposes.
Unauthorized reuse, resale, or distribution of Company’s proprietary assets is prohibited.
6. Confidentiality & Data Protection
- Each party shall keep Confidential Information secure and not disclose without consent.
- Obligations continue for two years post-termination.
- Company will implement reasonable technical and organizational measures to protect Client data under applicable laws.
7. Indemnification
Client shall indemnify and hold harmless the Company from any third-party claims arising from Client’s misuse of Deliverables, infringement of IP rights, or violation of laws.
8. Warranties & Disclaimers
- The Company warrants Services will be performed with reasonable skill and care.
- No guarantee of specific results (e.g. shipment timelines, campaign performance).
- Except as stated, all other warranties are disclaimed, including implied warranties of merchantability and fitness for purpose.
9. Limitation of Liability
The Company’s aggregate liability shall not exceed the total fees paid under this Agreement. Neither party shall be liable for indirect, incidental, or consequential damages.
10. Force Majeure
Neither party is liable for delays or failures due to Force Majeure. The impacted party shall notify the other and use reasonable efforts to resume performance.
11. Termination
- Either party may terminate for material breach if uncured within 30 days of notice.
- Company may suspend Services immediately for non-payment.
- Upon termination, Client pays for work performed and expenses incurred up to termination date.
12. Dispute Resolution
Parties shall first attempt amicable resolution. Unresolved disputes will be referred to arbitration in Indore under the Arbitration and Conciliation Act, 1996, proceedings in English.
13. Notices
All notices must be in writing and delivered via email or registered mail to the addresses on our footer. Notices are effective upon receipt.
14. General Provisions
- Severability: Invalid provisions will be replaced by valid ones reflecting original intent.
- Waiver: No waiver of any breach is a waiver of subsequent breaches.
- Entire Agreement: These Terms, plus any executed SOWs, constitute the entire agreement between Parties.