Terms & Conditions

By visiting our website, submitting a contact form, signing a service agreement, or otherwise engaging with Media Optimizer in any capacity, you agree to be bound by these Terms and all applicable laws and regulations of India.

These Terms apply to all visitors, prospective clients, active clients, and any other party who accesses or uses our website or services. Your continued use of any part of our platform after modifications to these Terms constitutes acceptance of the revised Terms.

• These Terms are effective from the date you first access our website or sign a service agreement.
• We reserve the right to modify these Terms at any time without prior notice.
• It is your responsibility to review these Terms periodically for any changes.

Media Optimizer offers a comprehensive suite of digital marketing services designed to grow your business online. Our services include, but are not limited to:

The specific scope of services, deliverables, timelines, pricing, and KPIs for each engagement are defined in a separate Service Agreement or Statement of Work (SOW) executed between you and Media Optimizer. In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.

To use our website and engage our services, you must meet the following eligibility criteria:

• You must be at least 18 years of age or the age of legal majority in your jurisdiction.
• You must have the legal authority to enter into binding contracts on behalf of yourself or your organisation.
• Your business must operate in a legal industry. We do not provide services to businesses involved in illegal activities, adult content, gambling (without proper licensing), or any activity that violates applicable laws.
• You must provide accurate, complete, and current information when engaging with us.

Media Optimizer reserves the right to refuse service to anyone at our sole discretion, without obligation to provide a reason.

In the course of delivering services, we may require access to your advertising accounts (Google Ads, Meta Ads, LinkedIn Ads), analytics platforms, website CMS, or social media profiles. By granting such access, you agree to the following:

• You will provide access credentials only for accounts you have legal authority to manage.
• Media Optimizer will use access strictly for the purpose of delivering agreed services.
• You remain the account owner at all times; we act only as an authorised manager or agency.
• Access will be revoked upon termination of the engagement within a mutually agreed timeline (typically 14 days).
• We are not responsible for losses arising from third-party platform policy changes, account suspensions by the platform, or circumstances beyond our control.

All content on the Media Optimizer website — including but not limited to text, graphics, logos, icons, images, case studies, blog posts, and software — is the exclusive intellectual property of Media Optimizer and is protected under applicable Indian and international copyright, trademark, and intellectual property laws.

Client-Owned Deliverables: Upon full payment of all outstanding invoices, Media Optimizer transfers ownership of the final creative deliverables (ad copies, graphics, website code) produced specifically for you under the Service Agreement. Underlying tools, templates, proprietary methodologies, and pre-existing assets remain the property of Media Optimizer.

• You may not reproduce, distribute, or create derivative works from our website content without prior written permission.
• You grant us a limited licence to use your brand assets (logo, brand guidelines) solely for the purpose of providing services.
• We reserve the right to display anonymised campaign results and general case studies as part of our portfolio, unless otherwise agreed in writing.

All fees for services are outlined in the relevant Service Agreement or Proposal. Unless otherwise agreed:

• Retainer Services: Monthly retainer fees are due in advance on the 1st of each month.
• Project-Based Work: A non-refundable advance of 50% is required before commencement; the balance is due upon project completion.
• Ad Spend: Advertising budgets (Google Ads, Meta Ads, etc.) are separate from our management fees and must be loaded directly to the respective ad platforms by you. We do not handle advertising budgets on your behalf unless explicitly agreed upon.
• Late Payments: Invoices unpaid after 15 days of the due date may attract a late fee of 2% per month. We reserve the right to pause services for accounts with overdue balances.
• GST: All fees are exclusive of applicable taxes. GST at the prevailing rate will be added to all invoices.

Refunds are generally not provided for services rendered. Any exceptions are solely at the discretion of Media Optimizer management and will be communicated in writing.

When using our website or engaging our services, you agree not to:

• Provide false, misleading, or fraudulent information during onboarding or at any time during the engagement.
• Use our services to promote illegal products, services, or activities in any jurisdiction.
• Infringe upon the intellectual property rights, privacy rights, or any other rights of third parties.
• Attempt to gain unauthorised access to our systems, accounts, or proprietary data.
• Transmit viruses, malware, or any other malicious code via our platforms or communications channels.
• Engage in activities that could damage our reputation, client relationships, or business operations.
• Solicit or attempt to hire any Media Optimizer employee or subcontractor directly during the engagement and for 12 months thereafter, without our written consent.

Our services frequently involve the use of third-party platforms and tools including Google LLC, Meta Platforms Inc., LinkedIn Corporation, and various marketing technology tools. By engaging our services, you acknowledge that:

• Your use of third-party platforms is also subject to those platforms' own terms of service and advertising policies.
• Media Optimizer is not affiliated with, endorsed by, or an official partner of these platforms (unless explicitly stated).
• We are not liable for changes to third-party platform algorithms, policies, pricing structures, or feature availability that may affect campaign performance.
• Platform downtimes, technical errors, or policy enforcement actions by third-party platforms are outside our control.

Our website may contain links to third-party websites for informational purposes. These links do not constitute endorsements and we are not responsible for the content, accuracy, or privacy practices of those sites.

Our website and all content thereon are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

With respect to campaign performance:

• Digital marketing results are inherently variable and depend on numerous factors including market conditions, competition, ad platform changes, and product/service quality.
• Any projections, estimates, or historical performance figures we share are illustrative only and do not guarantee future results.
• We make no guarantee of specific rankings, traffic levels, lead volumes, conversion rates, or return on investment.

To the maximum extent permitted by applicable law, Media Optimizer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with:

• Your use of, or inability to use, our website or services.
• Actions or omissions of third-party platforms or service providers.
• Unauthorised access to or alteration of your data or accounts.
• Any errors, inaccuracies, or omissions in content or campaign materials.

In any case, our aggregate liability to you for all claims arising out of a service engagement shall not exceed the total fees paid by you to Media Optimizer in the three (3) months immediately preceding the claim.

You agree to indemnify, defend, and hold harmless Media Optimizer, its directors, officers, employees, affiliates, agents, and subcontractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation.
• Your negligence or wilful misconduct.
• Content, products, or services you provide or offer that infringe on third-party rights.
• False or misleading information you provided to us in connection with any service engagement.

Either party may terminate a service engagement by providing written notice in accordance with the terms set out in the relevant Service Agreement. In the absence of specific provisions:

• Either party may terminate with 30 days' written notice for ongoing retainer services.
• Media Optimizer reserves the right to terminate immediately upon breach of these Terms, non-payment, or conduct detrimental to our business or team members.
• Upon termination, all outstanding fees for services rendered become immediately due and payable.
• We will provide you with all campaign data, reports, and assets to which you are entitled within 14 days of termination.
• Access to managed ad accounts will be removed after all financial obligations have been settled.

Sections relating to intellectual property, limitation of liability, indemnification, and governing law shall survive any termination of these Terms.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or any service engagement shall be subject to the exclusive jurisdiction of the courts of Gurugram, Haryana.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days. If unresolved, disputes may be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, with a single arbitrator agreed upon by both parties.

Media Optimizer reserves the right to revise and update these Terms at any time at our sole discretion. All changes are effective immediately upon posting to our website. We will update the "Last Updated" date at the top of this page to reflect any changes.

For active clients, we will make reasonable efforts to notify you of material changes via email. However, it remains your responsibility to review these Terms periodically. Your continued use of our services following any modification constitutes acceptance of the updated Terms.

If you have any questions, concerns, or require clarification regarding these Terms & Conditions, please reach out to us through any of the following channels:

• Email: legal@mediaoptimizer.in
• General Enquiries: hello@mediaoptimizer.in
• Phone: +91-98765-43210
• Office: Media Optimizer, Gurugram, Haryana – 122001, India
• Business Hours: Monday – Saturday, 9:00 AM – 7:00 PM IST