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Terms of Use

This Terms & Usage Policy (“Policy”), read together with the Service Agreement, Proposal, Order Form, or any other mutually executed document (collectively the “Agreement”), governs your use of the Digital Marketing, Advertising, Consulting, Technology, and Lead Generation services (“Services”) provided by Aryavarta IT Solution, its subsidiaries, and affiliates (“We,” “Us”, or “Our”).

You (“Client,” “You,” or “Your”) and we are individually a “Party” and together the “Parties.”

By engaging our services, you agree to comply with this policy. If you do not agree, please refrain from using our services. We may update this policy from time to time, and material changes will be communicated.

1. TERM & TERMINATION

1.1 Term Activation

This Agreement becomes effective from the date the Service Agreement or Proposal is signed. Our obligation to begin work starts only after:
(a) receipt of onboarding fees,
(b) receipt of the first-month marketing fee,
(c) receipt of required access (ad account, website, CRM, domain, etc.), and
(d) receipt of all creative, project, and compliance inputs.

1.2 Lock-in Period

If a lock-in period is mentioned in your service agreement, it will apply.
If not mentioned, a minimum 1-month lock-in is automatically applicable.

1.3 Cancellation by Client

Cancellation during the lock-in period is not permitted.
If you discontinue services during Lock-in, you must pay all fees due for the full lock-in period.

1.4 Termination by Client After Lock-in

You may terminate the Agreement by giving written notice as per the notice period defined in the Service Agreement. All dues must be cleared before termination becomes effective.

1.5 Termination or Suspension by Us

We may suspend or terminate services immediately if:

  • You fail to pay any invoice despite notice.

  • You breach the Agreement, violate advertising policies, or engage in illegal or unethical practices.

  • You misuse advertising accounts, data, or our deliverables.

  • We determine that continuing the association may cause legal, financial, or reputational harm to us.

1.6 Post-Termination Obligations

You must:

  • Clear all pending invoices.

  • Remove our access from all platforms.

  • Complete any compliance sign-offs needed for ad accounts.
    We will not store, manage, or provide data, leads, or files after termination unless contractually agreed.

2. SCOPE OF SERVICES

Our services may include (depending on your package):

  • Real Estate Lead Generation (Meta, Google, YouTube, Display, WhatsApp)

  • Digital Marketing Strategy & Media Planning

  • Performance Marketing & Optimization

  • AI-Driven Campaigns & Automations

  • Landing Page Setup & Tracking

  • Ad Creatives, Copies, Scripts, and Assets

  • CRM Integration & Lead Flow Setup

  • Reporting & Analytics

  • Consultancy on Sales Funnels, Conversions & Campaign Scaling

Any service not listed in your signed proposal will be treated as a value-added service and billed separately.

3. FEES, PAYMENTS & BILLING

3.1 Payment Terms

  • Fees are payable 100% in advance every month.

  • All ad budgets must be paid directly by you to Meta/Google or added as prepaid wallet funds.

  • A late fee of 2% per week may apply for delayed payments.

3.2 No Refund Policy

All payments for services are non-refundable, including:

  • Monthly retainer

  • Setup charges

  • Creative charges

  • Consultancy fees

  • Technical work or integrations

This is because digital marketing involves variable performance factors outside our control.

3.3 Taxes

All fees are exclusive of GST and applicable taxes.

4. CLIENT RESPONSIBILITIES

You agree to:

  • Provide accurate project information, creative materials, approvals, and access.

  • Ensure all marketing claims, USPs, RERA details, and property information are legally compliant.

  • Ensure that all content shared for advertising is truthful and not misleading.

  • Follow all compliance guidelines issued by Meta, Google, RERA, or other governing bodies.

We rely on information provided by you and are not liable for inaccuracies.

5. DATA, LEADS & INTELLECTUAL PROPERTY

5.1 Data Ownership

  • Leads generated belong to the client.

  • Campaign strategy, ad copy, creative concepts, and internal frameworks remain our intellectual property.

5.2 Access Rights

We reserve the right to retain copies of performance data for internal research, benchmarking, and portfolio purposes (without revealing your confidential information).

5.3 Confidentiality

Both parties agree not to disclose confidential business information to any third party without consent.

6. PERFORMANCE, RESULTS & LIMITATIONS

6.1 No Guaranteed Sales

Digital marketing performance depends on several factors, including:

  • Market demand

  • Project pricing

  • Location

  • Competition

  • Client’s sales team performance

  • Quality of site visits

  • Follow-up efficiency

We do not guarantee sales, revenue, ROI, CPL, or lead volume unless explicitly stated in the Agreement.

6.2 Platform-Related Issues

We are not liable for issues arising from:

  • Meta/Google ad account restrictions

  • Domain or hosting downtime

  • CRM failures

  • Policy violations by platforms

  • API failures or updates

  • Third-party software downtime

7. FAIR USAGE POLICY

The Services must not be used for:

  • Fraudulent property claims

  • Misrepresentation of pricing, approval status, or amenities

  • Non-RERA-compliant advertising

  • Misuse of customer data

  • Lead reselling

  • Abuse of ad platforms

  • Illegal or unethical marketing activities

Any violation will lead to immediate termination.

8. GENERAL PROVISIONS

8.1 Relationship of Parties

Nothing in this Agreement creates a partnership, employment, or joint venture. We act only as an independent service provider.

8.2 Assignment

You may not assign or transfer this Agreement without our written consent. We may assign it within our group companies.

8.3 Notices

All notices shall be sent via registered email IDs of both parties.

8.4 Governing Law

This Agreement is governed by the laws of India, and disputes shall be subject to the jurisdiction of courts located in [Nashik, Maharashtra].

8.5 Entire Agreement

This Agreement supersedes all prior communication, verbal or written.

9. RERA DISCLAIMER (REAL ESTATE REQUIREMENT)

For all real estate promotions:

  • You must provide accurate RERA registration numbers, project details, disclaimers, and verification documents.

  • We will not publish ads without proper RERA compliance.

  • You are solely responsible for any RERA penalties, consumer claims, or legal consequences related to inaccurate project information.

10. FRAUD, MISCONDUCT & HARASSMENT

We reserve the right to terminate services immediately if:

  • You engage in abusive behavior with our staff.

  • You misuse accounts, platforms, or data.

  • You engage in fraudulent property promotions.

  • You submit false documents or property claims.

CONCLUSION

These terms ensure clarity, compliance, and smooth functioning between the parties.
Your continued use of our services constitutes full acceptance of this policy.