Effective Date: 8 October 2026 · Governed by Indian Contract Act 1872, IT Act 2000 & DPDPA 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and AddMads ("Agency", "we", "us") for all creative, digital, and marketing services including brand identity, website development, hosting management, CRM integration, WhatsApp Business API, performance marketing, and social media management. By engaging our services, signing a proposal, or making a payment, you agree to be bound by these Terms under the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023.
AddMads provides the following categories of services, each governed by a signed Project Proposal or Statement of Work ("SOW"):
• Brand Identity and Design
• Website Design and Development (including Next.js, WordPress, and custom-built websites)
• Website Hosting Management and Maintenance
• Admin Panel and Client Portal Development
• CRM Setup and Integration (including Zoho Bigin)
• WhatsApp Business API Setup and Management
• Google Business Profile Setup and Management
• Social Media Marketing (content creation and publishing)
• Performance Marketing (Google Ads, Meta Ads, Instagram Ads)
• Search Engine Optimisation
The specific scope, deliverables, timeline, and fees for each engagement are defined in a signed Proposal or SOW.
A project is formally initiated upon:
(a) written acceptance of our Project Proposal by the Client, and
(b) receipt of the agreed advance payment as specified in the Proposal.
Verbal confirmations, WhatsApp messages, or informal instructions do not constitute binding commitments or authorise commencement of work. AddMads reserves the right to decline any project at its sole discretion prior to initiation.
The Client agrees to:
• Provide complete, accurate, and timely project briefs, content, materials, photos, and approvals
• Designate a single point of contact for all project communications
• Respond to requests for feedback, approvals, or content within 5 working days (delays extend the project timeline by an equivalent period)
• Ensure all content, images, and materials supplied are either owned by the Client or properly licensed, free from third-party IP claims
• Maintain strong passwords and enable two-factor authentication (2FA) on all platform accounts (Google, Meta, Zoho, domain registrar, hosting)
• Not share login credentials provided by AddMads with unauthorised third parties
• Obtain all necessary regulatory approvals for advertising materials before publication
• Maintain their own cybersecurity insurance appropriate for their business
Fees are as specified in the Project Proposal. Standard payment schedules:
• One-time services: 40–50% advance on initiation, balance on delivery or as staged in the SOW
• Monthly retainers: paid in advance by the 1st of each month; interest at 2% per month after a 10-day grace period
• Ad spend: paid directly by the Client to Google or Meta; not invoiced by AddMads
• Third-party platform costs (Zoho, Interakt, Vercel, domains): paid directly by the Client to the respective platforms
All AddMads invoices are subject to 18% GST under applicable Indian tax law. Invoices are due on the date of issue. AddMads reserves the right to pause or suspend all services for accounts with overdue invoices exceeding 15 days.
All client business data created during the engagement belongs exclusively to the Client:
• All lead data, contact records, and enquiries collected through forms, landing pages, or ads built by AddMads
• All CRM data stored in Zoho Bigin or any other platform set up by AddMads on the Client's behalf
• All Google Ads campaign data, audiences, keywords, conversion history, and ad account data
• All Meta Ads data, pixel data, custom audiences, lead forms, and ad account history
• All website data, database records, uploaded client documents, and user registrations
• All Google Business Profile data, reviews, posts, and customer messaging data
• All WhatsApp Business conversation history and contact data
AddMads has no ownership claim over the Client's business data at any time, whether during or after the engagement. AddMads processes this data solely for service delivery and will not sell, license, or share it with any third party except as required by law or explicitly authorised by the Client.
During the active service period, AddMads holds manager or administrator-level access to accounts required for service delivery, including but not limited to:
• Google Ads account (Manager/Editor access)
• Meta Business Manager and Ad Account (Admin/Advertiser access)
• Google Business Profile (Manager access)
• Website hosting and deployment platform (Admin access)
• Zoho Bigin CRM (Admin/Standard access as required)
• Google Analytics and Search Console (Editor/Full access)
• Social media pages (Page Admin or Content Creator access)
This access is:
• Limited strictly to what is required for the agreed scope of services
• Used only for service delivery - AddMads will not use client accounts for any purpose other than managing the Client's agreed services
• Not transferable to any third party by AddMads without written Client consent
• Subject to revocation by the Client at any time (though this may affect our ability to deliver services)
The Client retains primary ownership of all platform accounts at all times. Accounts are created under the Client's own Google, Meta, and platform credentials wherever possible. Where AddMads creates accounts on behalf of the Client, login credentials are transferred to the Client on project completion or at any time on request.
Where AddMads manages website hosting as part of an active retainer:
8.1 Addmads responsibilities include: deployment management, SSL certificate renewal, platform updates (within our control), routine monitoring, and basic security hardening.
8.2 Uptime is subject to the SLA of the hosting platform provider (Vercel, AWS, or other). AddMads does not operate its own servers. Planned maintenance windows will be communicated to the Client with a minimum of 24 hours' notice where possible.
8.3 AddMads is not liable for:
• Hosting platform outages (Vercel, AWS, Cloudflare, or any third-party infrastructure provider)
• Domain expiry where the domain is registered in the Client's name and the Client manages renewal
• Performance degradation caused by third-party scripts, plugins, or services the Client has added independently
• Downtime caused by changes the Client or their other vendors have made to the server or codebase without AddMads' knowledge
8.4 The Client must not make changes to production server configurations, database settings, or environment variables without prior written notice to AddMads. Unauthorised changes that cause outages or data loss are the Client's responsibility.
9.1 During the active service period, AddMads implements industry-standard security measures including:
• HTTPS/SSL enforcement on all managed websites
• Regular automated backups of website files and databases (frequency as specified in the SOW)
• Access controls and role-based permissions on admin systems we manage
• Secure credential management - AddMads does not store Client passwords in plain text
• Prompt application of security patches to website platforms within commercially reasonable timeframes
9.2 AddMads is NOT liable for security incidents arising from:
• Third-party platform breaches (Vercel, Zoho, Meta, Google, Interakt, Cloudflare, or any other platform not operated by AddMads)
• Zero-day exploits or novel attack vectors that have no available patch at the time of attack
• Attacks made possible by the Client sharing login credentials with unauthorised parties
• Brute-force attacks on Client accounts where 2FA was not enabled despite our recommendation
• Malware introduced through content, files, or plugins uploaded by the Client or their staff independently
• Social engineering attacks targeting the Client's employees
• Attacks on accounts that AddMads does not actively manage
9.3 Incident Response: Upon discovering a security breach affecting systems under AddMads' active management, AddMads will:
• Notify the Client within 24 hours of discovery
• Take immediate reasonable steps to contain the breach
• Provide a written incident summary within 5 working days
• Assist in recovery within the scope of the active service agreement
9.4 AddMads' maximum liability for any security incident during the active engagement is limited to three months' retainer fees paid immediately prior to the incident. AddMads is not liable for losses of leads, revenue, client data, reputational damage, or regulatory fines arising from any security incident.
10.1 Upon termination of the service engagement and receipt of all outstanding payments, AddMads will deliver the following within 7 business days:
• Complete website source code and all associated files
• Database export in standard format (SQL or CSV)
• All brand asset files in their original formats
• Login credentials for all accounts created on the Client's behalf
• CRM data export
• Ad account history (Google and Meta accounts remain in the Client's own accounts)
• A handover document listing all active services, platforms, and renewal dates
10.2 After handover is complete:
• AddMads removes all access to Client accounts within 7 business days of the final handover
• AddMads bears absolutely no responsibility for website security, uptime, performance, data integrity, CRM management, ad campaign performance, GBP management, or any other digital service previously managed
• The Client is solely responsible for changing all passwords and enabling 2FA on all accounts immediately upon handover
• AddMads is not liable for any hacking, data theft, data loss, server compromise, website defacement, ranking drops, lead loss, or any other negative outcome occurring after the handover date
• Any unauthorised use of assets, platforms, or data after handover is solely the Client's responsibility
10.3 The Client acknowledges that failing to change credentials, maintain hosting payments, renew domains, or implement security updates after handover is the Client's sole responsibility and risk.
11.1 Ad Spend: All Google Ads and Meta Ads spend is deducted directly from the Client's own ad accounts and billed by Google and Meta respectively. AddMads does not handle or hold Client ad spend funds. Addmads management fees are separate from and in addition to ad spend.
11.2 Performance: AddMads does not guarantee specific ad results, lead volumes, cost-per-lead, or return on ad spend. Digital advertising performance is subject to platform algorithms, market competition, seasonal demand, landing page quality, and the Client's sales process - all of which are outside AddMads' direct control.
11.3 Policy Compliance: The Client is responsible for ensuring that their business, products, and services comply with Google Ads and Meta Ads policies. Ad account suspensions caused by the Client's non-compliant business practices or misleading claims are not AddMads' liability. AddMads will assist with appeals where the violation is within our control.
11.4 Ad Account Ownership: Google Ads and Meta Ads accounts are created in the Client's own Google and Meta accounts. The Client retains full ownership at all times. AddMads holds agency-level access only for the duration of the active retainer.
11.5 SMM Content Approval: AddMads publishes social media content based on Client-approved calendars. The Client is responsible for reviewing and approving content before publication. AddMads is not liable for reputational damage from content approved by the Client.
12.1 WhatsApp Business API is managed through a Business Service Provider (BSP) such as Interakt. The WhatsApp Business Account and verified phone number belong to the Client. BSP charges are billed directly by the BSP to the Client.
12.2 Meta's WhatsApp conversation charges (per conversation) are deducted from the Client's Meta account balance or billed directly by Meta. AddMads does not intermediate or mark up these charges.
12.3 All contact data, conversation history, and opt-in records in WhatsApp belong to the Client. AddMads does not retain or use this data after the engagement ends.
12.4 Zoho Bigin CRM subscription is billed directly by Zoho to the Client. All lead data, pipeline records, and contact records in Zoho belong to the Client. AddMads has admin access only for the duration of the active retainer and to the extent required for integration management.
13.1 Upon receipt of full payment, AddMads assigns to the Client all intellectual property rights in the final approved deliverables including logos, website design, written content, and campaign creatives, for the purposes defined in the SOW.
13.2 AddMads retains ownership of all preliminary concepts, unused designs, proprietary code frameworks, tools, methodologies, and processes. Website code may include open-source components subject to their respective licences.
13.3 AddMads retains the right to display completed work in its portfolio and award submissions unless the Client requests confidentiality in writing.
13.4 Third-party assets (stock images, fonts, licensed plugins, platform-provided templates) remain subject to their respective licences. The Client is responsible for maintaining licences for continued use.
Both parties agree to keep confidential all non-public information disclosed by the other party, including but not limited to business strategies, client lists, pricing, creative briefs, and technical infrastructure. This obligation survives termination for 3 years. AddMads will not disclose Client business information to third parties without consent, except as required by law or as necessary to deliver the agreed services through vetted sub-contractors bound by confidentiality agreements.
To the maximum extent permitted by Indian law:
• AddMads' total liability for any single claim arising from any project or engagement shall not exceed the total fees paid to AddMads for that specific project or the preceding 3 months' retainer fees, whichever is lower
• AddMads is not liable for: lost profits, lost revenue, lost leads, loss of business opportunity, reputational damage, regulatory fines, data loss, or any indirect or consequential loss
• AddMads is not liable for losses arising from platform outages (Google, Meta, Vercel, Zoho, Interakt, Cloudflare), algorithm changes, or policy changes by any third-party platform
• AddMads is not liable for the results or performance of advertising campaigns beyond our direct management
• Nothing in these Terms excludes liability for fraud, wilful misconduct, or gross negligence.
AddMads warrants that services will be performed with reasonable skill, care, and professional diligence. AddMads does not warrant:
• That websites will be completely free of all vulnerabilities at all times
• That advertising campaigns will achieve specific performance targets
• That websites or platforms will have 100% uptime (subject to third-party hosting SLAs)
• That search engine rankings will improve within any specific timeframe
• That any digital marketing activity will generate a specific number of leads or revenue
17.1 Either party may terminate the ongoing retainer engagement with 30 days' written notice to info@addmads.com.
17.2 AddMads may suspend services immediately (without notice) if:
• Payment is overdue by more than 15 days
• The Client requests activity that violates Indian law, platform policies, or third-party rights
• The Client makes unauthorised changes to systems under AddMads' management that compromise security or stability
17.3 Upon termination, all work completed is to be paid for in full before handover. Monthly retainer fees for started months are non-refundable. The Client's ad spend obligations to Google and Meta continue independently and are the Client's responsibility.
Neither party is liable for delays or failures caused by events outside reasonable control, including natural disasters, government actions, internet infrastructure failures, platform-wide outages, pandemics, or regulatory changes. The affected party shall notify the other promptly and resume performance as soon as reasonably possible.
In the event of a dispute, the parties shall first attempt resolution through good-faith negotiation within 14 days of written notice. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually agreed upon, with proceedings conducted in English in Haryana, India. The arbitrator's decision is final and binding.
These Terms are governed by the laws of India. Subject to the arbitration clause above, courts in Haryana, India, shall have exclusive jurisdiction over any disputes that proceed to litigation.
AddMads reserves the right to update these Terms. Material changes will be communicated to active clients by email at least 14 days before they take effect. Continued engagement after the effective date constitutes acceptance of the updated Terms.
For all legal, contractual, or service queries:
AddMads
Email: info@addmads.com
Phone: +91 92208 72212
Website: addmads.com