Terms of Service

01. About Pulse Web Digital

Pulse Web Digital is a digital marketing and performance advertising agency providing marketing, advertising, analytics and conversion tracking services to businesses.

Our areas of expertise may include:

• Shopify and e-commerce marketing.
• Meta Ads (Facebook and Instagram advertising).
• Google Ads and paid search advertising.
• Native advertising through Taboola, Outbrain, MGID, MediaGo and other advertising platforms.
• Advertising strategy and campaign management.
• Conversion tracking and server-to-server tracking.
• Voluum, RedTrack and marketing analytics integrations.
• Performance reporting and campaign optimisation.

The exact services provided to a client will depend on the agreed proposal, quotation, project scope or separate written agreement.

02. Acceptance of Terms

By accessing our website, submitting a contact form, requesting a proposal or purchasing any of our services, you acknowledge that you have read and understood these Terms.

If you engage our agency on behalf of a company, brand or other organisation, you confirm that you have the authority to accept these Terms on its behalf.

Any additional project-specific terms agreed in writing between Pulse Web Digital and the client will apply to that engagement. If a specific written agreement conflicts with these general Terms, the specific agreement will prevail for the conflicting service-related provision.

03. Our Services

Pulse Web Digital provides digital marketing services according to the scope agreed with each client.

Depending on the selected service package, our work may include:

• Marketing strategy and campaign planning.
• Advertising account audits and setup.
• Campaign creation and management.
• Audience research and targeting.
• Ad creative and landing page recommendations.
• Shopify marketing and e-commerce optimisation.
• Pixel installation and conversion tracking.
• Server-to-server (S2S) tracking integrations.
• Analytics setup and performance monitoring.
• Campaign optimisation and reporting.

Scope of Work

Only the services specifically included in the accepted proposal or agreement are part of the engagement. Additional work, new integrations, extra landing pages, new campaigns or services outside the agreed scope may require additional fees and written approval.

No Automatic Inclusion of Services

Our service packages do not automatically include website development, graphic design, copywriting, video production, payment gateway setup or other services unless specifically mentioned in the agreed scope.

04. Client Responsibilities

Successful marketing projects require cooperation between the agency and the client. Clients agree to provide accurate information and reasonable cooperation throughout the engagement.

Client responsibilities may include:

• Providing accurate business and product information.
• Providing timely access to required advertising accounts.
• Providing Shopify, website and analytics access where required.
• Maintaining sufficient advertising funds.
• Reviewing and approving campaign materials when requested.
• Providing legally compliant product descriptions and claims.
• Ensuring that products and services advertised are lawful.
• Maintaining appropriate privacy policies, cookie notices, terms and other required website disclosures.
• Responding to requests for information and approvals.
• Informing us about changes that may affect campaigns.

Accuracy of Client Information

The client is responsible for the accuracy, legality and completeness of the information, images, product claims, pricing and materials provided to us.

We may rely on the information supplied by the client when planning and executing advertising campaigns.

05. Advertising Budget and Additional Costs

Our professional service fees and advertising spend are separate costs.

Unless explicitly agreed otherwise in writing, the client is responsible for funding the advertising budget directly through the relevant advertising platform.

Advertising Spend

Advertising expenditure paid to platforms such as Meta, Google, Taboola, Outbrain, MGID, MediaGo or other advertising networks is not included in our agency management fees unless specifically stated.

Other Costs

The client may also be responsible for additional expenses required for the project, including:

• Advertising platform charges.
• Software and tracking subscriptions.
• Third-party applications and integrations.
• Landing page or website hosting charges.
• Creative production or additional development work.
• Payment processing or currency conversion fees.

Any additional cost that requires client payment or approval should be communicated before it is incurred on the client's behalf.

06. Fees and Payments

Service fees, payment schedules and billing arrangements will be communicated in the proposal, quotation, order or written agreement accepted by the client.

Payment Terms

• Clients must pay the agreed fees according to the specified payment schedule.
• Any advance payment or deposit will be mentioned in the relevant proposal or agreement.
• Recurring services must be paid according to the agreed billing cycle.
• Additional work outside the agreed scope may be charged separately.
• Applicable taxes will be charged where required by law.

Late or Outstanding Payments

If a payment becomes overdue, we may issue a payment reminder and request settlement of the outstanding amount.

Where payment remains overdue, we may suspend ongoing services, pause campaign management or withhold delivery of unfinished work, subject to the applicable agreement and law.

Any late payment charges must be agreed in writing and comply with applicable law.

Taxes

Clients are responsible for any taxes, duties or other charges applicable to their transactions, except taxes that the agency is legally required to pay on its own income.

07. Campaign Results and No Guarantees

Digital advertising performance depends on several factors, including market conditions, product demand, competition, pricing, website experience, advertising platform algorithms, customer behaviour and available advertising budgets.

While we use our experience, knowledge and reasonable professional efforts to manage and optimise campaigns, we do not guarantee specific commercial or advertising results.

Unless explicitly agreed in a separate written contract, we do not guarantee:

• A specific number of sales or leads.
• A particular revenue figure.
• A guaranteed return on ad spend (ROAS).
• A fixed cost per acquisition (CPA).
• A specific click-through or conversion rate.
• Advertising account approval or uninterrupted delivery.
• A particular ranking, reach or audience size.
• Profitability or business growth within a fixed period.

Historical campaign performance, case studies, testimonials and revenue figures are provided for informational purposes. Past results do not guarantee future performance.

08. Third-Party Platforms and Services

Our services may involve third-party platforms, applications, software and advertising networks.

These may include:

• Meta Business Suite, Facebook and Instagram.
• Google Ads and Google Analytics.
• Taboola and Outbrain.
• MGID and MediaGo.
• Shopify and third-party Shopify applications.
• Voluum and RedTrack.
• Other advertising, analytics and tracking providers.

These third-party services operate under their own policies, terms, technical systems and approval processes. We do not control their independent decisions or operations.

Platform Restrictions

Advertising platforms may reject advertisements, restrict accounts, disable tracking features, change policies, modify algorithms or suspend services at their discretion.

We cannot guarantee that a platform will approve a campaign, maintain an account or continue providing a particular feature.

Where included in the agreed scope, we may assist with troubleshooting, compliance improvements or appeal-related guidance. However, the final decision remains with the relevant platform.

09. Account Access and Security

Certain services require access to client-owned advertising accounts, websites, analytics tools and e-commerce platforms.

Clients agree to provide only the access permissions reasonably required to perform the agreed work.

• Clients should retain ownership and control of their advertising and business accounts.
• Clients should use appropriate user permissions instead of sharing passwords whenever possible.
• Clients should enable two-factor authentication where supported.
• Clients must inform us about any suspected unauthorised account activity.
• Access should be revoked when it is no longer required for the engagement.

We will use reasonable care when handling account access and will only use granted permissions for authorised project activities.

Clients remain responsible for their own accounts, billing methods, account ownership and platform security settings.

10. Intellectual Property Rights

Our Intellectual Property

Unless otherwise agreed in writing, Pulse Web Digital retains ownership of its pre-existing materials, internal processes, frameworks, templates, methods, know-how and proprietary tools.

Client Materials

Clients retain ownership of the materials and intellectual property they provide to us, including logos, product images, brand assets, website content and business information.

Clients grant us a limited, non-exclusive permission to use these materials solely for the purpose of delivering the agreed services.

Project Deliverables

Ownership and usage rights for custom deliverables, including advertising creatives, copy, landing page designs, reports and other project materials, will be governed by the applicable proposal or written agreement.

Unless otherwise agreed, full ownership or transfer of applicable rights may be subject to payment of all outstanding fees.

Third-Party Assets

Third-party software, fonts, stock images, plugins, applications and other licensed materials remain subject to their respective licence terms.

11. Confidentiality

During an engagement, both parties may receive confidential business information belonging to the other party.

Confidential information may include:

• Business strategies and marketing plans.
• Advertising budgets and campaign performance.
• Customer and business information.
• Financial and operational information.
• Account access and technical configurations.
• Unpublished business plans and commercial arrangements.

Both parties agree to use reasonable care to protect confidential information and not disclose it to unauthorised third parties, except where disclosure is necessary to perform the agreed services or is required by law.

Confidentiality obligations do not apply to information that is publicly available through no breach of these Terms, was lawfully known beforehand or is independently developed without using confidential information.

12. Cancellation and Termination

Either party may request cancellation or termination of an engagement in accordance with the agreed project terms or written service agreement.

Client Cancellation

A client wishing to discontinue services should notify Pulse Web Digital in writing using the agreed communication channel.

Any required notice period, outstanding payment or cancellation conditions will follow the applicable service agreement.

Agency Termination

We may suspend or terminate services where reasonably necessary, including when:

• The client fails to make required payments.
• The client repeatedly fails to provide necessary information or access.
• The client requests unlawful, misleading or prohibited advertising activity.
• The client materially breaches these Terms or an applicable agreement.
• Continuing the engagement creates a significant legal or security risk.

Where appropriate, we will provide notice and a reasonable opportunity to resolve the issue before termination.

After Termination

Upon termination, the parties should settle outstanding payments and arrange the appropriate handover of completed deliverables and client-owned materials, subject to the applicable agreement. Access permissions may be removed when they are no longer required.

13. Refund Policy

Refund eligibility depends on the nature of the service, work already performed, payment terms and applicable agreement.

Completed Work

Fees relating to services already delivered, completed milestones or work performed may not be refundable, subject to applicable law and the relevant agreement.

Advance Payments

Where an advance payment has been received, any refund will be assessed based on the work completed, costs incurred, commitments made and the cancellation terms agreed with the client.

Advertising Spend

Advertising expenditure paid directly to third-party advertising platforms is subject to the platform's own billing, credit and refund policies.

Pulse Web Digital does not control refunds issued by advertising platforms or payment providers.

Refund Requests

Clients should submit refund-related requests in writing with relevant payment and project details.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Pulse Web Digital will not be liable for indirect, incidental, special, exemplary or consequential losses arising from the use of our website or services.

Such losses may include:

• Loss of anticipated profits or revenue.
• Loss of business opportunities.
• Loss of anticipated advertising performance.
• Loss of customers or business reputation.
• Business interruption.
• Loss or corruption of data.

We are not responsible for losses caused by third-party platform restrictions, account suspensions, algorithm changes, service interruptions or other events outside our reasonable control.

Liability Cap

To the extent permitted by applicable law, our total aggregate liability arising from a particular service engagement will not exceed the agency fees actually paid or payable for that specific engagement during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply where liability cannot legally be excluded or limited, including liability for fraud or wilful misconduct where applicable.

15. Indemnification

To the extent permitted by applicable law, the client agrees to indemnify and hold Pulse Web Digital and its personnel harmless from third-party claims, losses and reasonable expenses arising directly from:

• Unlawful products or services promoted by the client.
• Misleading, inaccurate or unlawful claims supplied or approved by the client.
• Materials supplied by the client that infringe third-party intellectual property rights.
• The client's breach of applicable laws or advertising regulations.
• The client's material breach of these Terms.

This provision does not apply to the extent a claim results from our own unlawful conduct, negligence or breach of obligations.

16. Website Use Restrictions

When using our website, you agree not to:

• Use the website for unlawful or fraudulent purposes.
• Attempt to gain unauthorised access to our website, systems or accounts.
• Upload malicious code, viruses or harmful software.
• Interfere with the security or operation of our website.
• Copy or reproduce our website content for unauthorised commercial use.
• Misrepresent your identity or business.
• Use automated methods to abuse or disrupt website functionality.

We reserve the right to restrict access to our website where reasonably necessary to protect our systems, users and business.

17. Privacy and Data Protection

Your use of our website and services is also subject to our Privacy Policy.

Our Privacy Policy explains how we collect, use, store and protect personal information and describes applicable privacy rights and choices.

Please read our Privacy Policy for more information.

Where a project involves the processing of personal data on behalf of a client, the parties may need to agree on additional data processing terms and responsibilities according to applicable law.

18. Service Availability and Force Majeure

We aim to maintain the availability of our website and provide services with reasonable professional care.

However, we do not guarantee that our website or services will always be available without interruptions, errors or technical issues.

We will not be responsible for delays or failures caused by events beyond our reasonable control, including:

• Internet, hosting or infrastructure outages.
• Third-party platform failures.
• Government restrictions or regulatory actions.
• Natural disasters and extreme weather events.
• War, civil unrest or other emergencies.
• Cyberattacks or widespread technical disruptions.
• Other events beyond our reasonable control.

We will make reasonable efforts to resume affected services when possible.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, business practices, technology or applicable legal requirements.

The updated version will be published on this page with a revised "Last Updated" date.

We encourage visitors and clients to review these Terms periodically.

Changes to an existing client engagement will be subject to applicable contractual requirements and any necessary agreement between the parties.

20. Governing Law and Dispute Resolution

These Terms will be governed by the laws of India, subject to applicable conflict-of-law principles and mandatory legal protections.

Dispute Resolution

If a disagreement arises between you and Pulse Web Digital, both parties should first make reasonable efforts to resolve the matter through direct communication and good-faith discussions.

If the dispute cannot be resolved amicably, it may be referred to the competent courts having jurisdiction at the legally appropriate place in India, subject to applicable law and the relevant service agreement.

Nothing in this section prevents either party from seeking urgent legal relief or exercising rights that cannot be waived under applicable law.

21. Contact Information

If you have questions regarding these Terms of Service, our services, payments or any other matter, please contact us.

We will review enquiries and respond within a reasonable timeframe, subject to applicable law.