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Terms & Conditions
Last updated: 27-10-2025
Welcome to JD Marketings. These Terms & Conditions (“Terms”) govern the use of the website at https://www.jd-marketings.com
and the provision of services by JD Marketings (“we”, “us”, “our”, “JD Marketings”) to you (“you”, “Client”, “Customer”). By accessing or using the website or engaging our services, you accept and agree to these Terms.
1. Services
1.1 We provide digital marketing and branding services, including but not limited to: lead-generation, branding, social media management, website development, paid advertising campaigns, search engine optimisation (SEO), and related services.
1.2 We will deliver services as described in the proposal, scope of work, engagement letter or service agreement executed between you and us (the “Service Agreement”). The Service Agreement takes precedence over these Terms in respect of the specific service engagement.
1.3 We reserve the right to revise or modify the services offered at any time. If you have an existing Service Agreement, changes will be subject to your agreement.
2. Website Use
2.1 You may access and use the website for your personal or business use in accordance with these Terms.
2.2 You must not:
use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility;
use the website in any way which is unlawful, illegal, fraudulent or harmful;
use the website in a manner which infringes our rights or the rights of any third party.
2.3 We do not guarantee the website will be free from viruses or other harmful components. You should use appropriate malware protection and take your own precautions.
3. Client Obligations
3.1 You agree to provide us with accurate, complete and timely information, materials, access and cooperation as required for us to deliver the services.
3.2 You are responsible for obtaining and maintaining all necessary licences, permissions, authorisations and consents to allow us to perform the services (including for content, images, trademarks, data).
3.3 You shall ensure that any content provided by you does not infringe the intellectual property rights or any other rights of any third party, is lawful and does not contain libellous or obscene material.
4. Fees, Payment & Refunds
4.1 The fees for our services will be set out in the Service Agreement.
4.2 Unless otherwise agreed, invoices are due for payment within [ x ] days of the invoice date. Late payments may attract interest at a rate of [ x ]% per month or the maximum permissible by law.
4.3 We may suspend or terminate services if you fail to pay when due.
4.4 Unless explicitly provided for in your Service Agreement, all fees are non-refundable once services commence.
4.5 Any change in scope requested by you may lead to additional fees or revised timelines, and you will be notified accordingly.
5. Intellectual Property
5.1 We (or our licensors) retain ownership of all intellectual property rights in the services, methodologies, systems, processes and deliverables created by us, unless otherwise agreed in writing.
5.2 Upon full payment of all fees due, and subject to any pre-existing rights of others, we hereby grant you a non-exclusive, non-transferable licence to use the deliverables for the purpose set out in the Service Agreement.
5.3 You grant us a licence to use your name, trademarks, logos and the deliverables for the purposes of providing the services, and for our marketing and portfolio use (unless you expressly request otherwise in writing).
6. Confidentiality
6.1 Each party agrees to keep confidential all non-public information disclosed by the other party and to use it only for the purpose of performing its obligations under the Service Agreement.
6.2 The confidentiality obligations will not apply to information which:
(a) is or becomes publicly known through no breach of these Terms;
(b) is received from a third party without breach of any obligation of confidentiality;
(c) is independently developed by the receiving party; or
(d) is required to be disclosed by law or court order (provided the disclosing party gives reasonable prompt notice and assistance, if permitted, to the other party).
7. Warranties & Disclaimers
7.1 You represent and warrant that you have full authority to enter into the Service Agreement and to provide all materials, content and information required for the services.
7.2 We will perform the services with reasonable skill and care, in accordance with industry standards.
7.3 Except as expressly set out in the Service Agreement, we do not guarantee specific results (such as ranking positions, number of leads, sales, or return on investment). Any projections or examples of past results are illustrative only and not a promise of future performance.
7.4 To the maximum extent permitted by applicable law, we exclude all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for purpose or non-infringement.
8. Limitation of Liability
8.1 To the maximum extent permitted by applicable law, our total aggregate liability to you for any claim arising under or in connection with these Terms, the website or the services, whether in contract, tort (including negligence) or otherwise, will not exceed the total amount of fees you have paid to us in the [ 12 ] months prior to the event giving rise to the claim.
8.2 In no event will we be liable for any indirect, special, incidental, punitive or consequential loss, including lost profits, loss of revenue, loss of data or business interruption.
8.3 Nothing in these Terms will exclude or limit our liability to the extent the same cannot be excluded or limited by law (for example, liability for death or personal injury caused by our negligence).
9. Termination
9.1 Either party may terminate the Service Agreement for material breach by the other party which remains uncured for [ 30 ] days after written notice.
9.2 Upon termination:
you must pay all outstanding fees and expenses incurred up to the date of termination;
you must cease using our deliverables (except as permitted under the licence in clause 5) and return or destroy confidential information of ours;
we may cease provision of the services and remove access to any systems or deliverables.
9.3 Termination of the Service Agreement does not affect any rights or obligations accrued prior to termination.
10. Data Protection & Privacy
10.1 We will handle any personal data provided by you in accordance with our Privacy Policy. You agree to comply with all applicable data protection laws when providing any personal data to us.
10.2 You consent to our collection, processing and use of your personal data as described in our Privacy Policy.
11. Third-Party Services & Links
11.1 We may provide links to third-party websites or services for your convenience. We do not endorse or assume responsibility for those third parties or their practices.
11.2 The use of any third-party services (such as ad-platforms, payment gateways, analytics tools) is at your own risk. You are responsible for complying with the terms of those platforms.
12. Changes to These Terms
We may revise these Terms from time to time by posting the updated version on our website and updating the “Last updated” date above. Your continued use of the website or services after such changes constitutes your acceptance of the revised Terms.
13. Governing Law & Jurisdiction
These Terms and any Service Agreement shall be governed by and construed in accordance with the laws of India. You and JD Marketings submit to the exclusive jurisdiction of the courts located in [ State of West Bengal, India ] for any dispute arising out of or related to these Terms or the services.
14. General
14.1 If any provision of these Terms is held to be invalid or unenforceable, that provision will be deemed deleted from the Terms and the remaining provisions will continue in full force and effect.
14.2 The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
14.3 These Terms, together with the Service Agreement (if any) and our Privacy Policy, comprise the entire agreement between you and us in respect of the subject matter and supersede all prior agreements, understandings, negotiations and discussions (whether oral or written) relating to the services.
14.4 You may not assign or transfer your rights or obligations under these Terms or any Service Agreement without our prior written consent; we may assign or transfer ours.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
JD Marketings
109 Kharadaha, Kolkata, West Bengal – 700118, India
Phone: +91 700 370 2690
Email: bijay@jd-marketings.com
Acknowledgement
By engaging our services or using our website, you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions.
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