Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern the relationship between Nivya Digital (“we,” “our,” “us”) and any individual or business (“Client,” “you”) that visits nivyadigital.com, submits an inquiry, or engages us for digital marketing, website, app, CRM development, or business automation services. By using our website or engaging our services, you agree to these Terms.

Specific scope, deliverables, timelines, and fees for a project will be confirmed separately in a proposal, quote, or service agreement, which will supplement these Terms.

1. Services Provided

Nivya Digital offers digital marketing and technology services including, but not limited to, SEO, Google Ads, Meta Ads, Social Media Marketing, Content Marketing, Email Marketing, Affiliate Marketing, Performance Marketing, Website Development, App Development, CRM Development, and Business Automation. The exact scope of services for a given engagement will be set out in a written proposal or agreement signed or confirmed by both parties.

2. Client Responsibilities

To enable us to deliver services effectively, the Client agrees to:

• Provide accurate business information, brand assets, credentials, and content required for campaigns or development work in a timely manner
• Grant necessary access to advertising accounts (Google Ads, Meta Business Manager), website/hosting, or other platforms as required for the engagement
• Review and approve deliverables, creatives, or campaign plans within agreed timeframes
• Ensure that any content, product claims, or offers provided to us for use in campaigns or on the website comply with applicable laws
• Make payments as per the agreed schedule

3. Payment Terms

• Service fees, payment schedules, and applicable taxes will be specified in the project proposal or invoice.
• For advertising campaigns (Google Ads, Meta Ads), the ad spend budget is separate from our service/management fee and is paid directly to the respective advertising platform unless otherwise agreed in writing.
• Recurring/retainer services are billed on a monthly basis in advance unless otherwise agreed.
• Late payments may result in a pause of ongoing services, including active ad campaigns, until outstanding dues are cleared.
• One-time development projects (website/app/CRM) may require an advance payment before work begins, with the balance due upon delivery or milestone completion, as specified in the project agreement.

4. Refunds & Cancellations

Because our services involve significant time, strategy, and resource allocation from the outset of an engagement:

• Service/management fees already earned for work performed (such as strategy, campaign setup, content creation, or development milestones completed) are non-refundable.
• Ad spend already spent or committed on Google Ads, Meta Ads, or any other advertising platform is non-refundable, as this amount is paid to and controlled by the respective platform, not Nivya Digital.
• Either party may cancel a recurring/retainer engagement with a minimum of 15 days' written notice; fees for the current billing cycle remain payable.
• Refund requests for genuine billing errors or duplicate payments will be reviewed and, if valid, refunded within 7–10 business days.

5. Ad Spend & Results Disclaimer

Digital marketing performance depends on factors outside our control, including but not limited to market competition, ad platform policies and auction dynamics, seasonality, the Client's product/pricing, and changes to search engine or social media algorithms. SEO results in particular are influenced by search engine algorithms that we do not control and typically take 3–6 months to become visible.

6. Development Timelines

Estimated timelines for website, app, or CRM development projects will be provided in the project proposal. Timelines are estimates and may be affected by delays in Client feedback, content/asset delivery, third-party integrations, or scope changes requested after project kickoff. Any change in scope after project approval may result in a revised timeline and additional fees.

7. Intellectual Property

Upon full and final payment for a project, ownership of the final deliverables specifically created for the Client (such as a custom website, app, or ad creatives) transfers to the Client, except for any third-party licensed assets, tools, plugins, stock content, or proprietary frameworks/ code libraries used by Nivya Digital, which remain governed by their respective licenses.

Nivya Digital retains the right to showcase completed work (including website screenshots, campaign results, and general case study details) in its portfolio, website, and marketing materials, unless the Client has requested confidentiality in writing.

8. Confidentiality

Both parties agree to keep confidential any non-public business information, credentials, strategy documents, or data shared during the course of the engagement, and to use such information solely for the purpose of delivering or receiving the agreed services.

9. Third-Party Platforms

Our services often involve the use of third-party platforms such as Google Ads, Meta Ads, Google Analytics, email service providers, hosting providers, and CMS/ e-commerce platforms (WordPress, Shopify, Webflow, WooCommerce, Magento). Nivya Digital is not responsible for outages, policy changes, account suspensions, or pricing changes made by these third-party platforms, though we will make reasonable efforts to help resolve any such issues affecting the Client's campaigns or website.

10. Limitation of Liability

To the maximum extent permitted by law, Nivya Digital shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, loss of business opportunity, or loss of data, arising from the use of our services, website, or any third-party platform used in connection with our services. Our total liability for any claim arising from an engagement shall not exceed the total fees paid by the Client to Nivya Digital for the specific service giving rise to the claim in the preceding three months.

11. Termination

Nivya Digital reserves the right to suspend or terminate services if the Client breaches these Terms, fails to make timely payment, provides false information, or requests services that are illegal, unethical, or violate the policies of a third-party advertising or hosting platform. Upon termination, fees for work completed up to the termination date remain payable.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. 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 having jurisdiction over Nivya Digital's place of business in India.

13. Updates to these Terms

We may update these Terms from time to time to reflect changes in our services or applicable law. Changes will be posted on this page with an updated “Last Updated” date. Continued use of our website or services after such changes constitutes acceptance of the revised Terms.

14. Get in Touch

If you have any questions about these Terms and Conditions, please contact us: