Terms of Service

1. Acceptance of Terms

By accessing our website at klickkk.com, engaging our services, or signing a service agreement, you (“Client”, “you”, or “your”) agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Klickkk Digital (“Company”, “we”, “us”, or “our”).

If you do not agree to these Terms, please do not use our website or engage our services. We reserve the right to update these Terms at any time; continued use of our services after changes constitutes acceptance of the revised Terms.

2. Services

Klickkk Digital provides the following categories of professional services:

• Digital marketing strategy and consulting
• Web design and development (including Shopify and custom builds)
• Search engine optimisation (SEO)
• Performance advertising management (Google, Meta, and other platforms)
• Social media management and content creation
• Influencer marketing campaigns and talent management
• Marketplaces management (Amazon, Flipkart, Meesho, and others)
• Shopify app development and maintenance

The specific scope, deliverables, and timelines for each engagement are defined in a separate Statement of Work (SOW) or service agreement signed by both parties. In the event of any conflict between these Terms and a signed SOW, the SOW shall prevail.

3. Payment Terms

Unless otherwise agreed in writing, the following payment terms apply to all ongoing service engagements:

• Retainer billing — services are billed on a monthly retainer basis. Invoices are issued on or before the 1st of each calendar month.
• Payment due date — payment is due on the 1st of each month. Invoices are considered overdue if not settled within 15 calendar days of the due date.
• Late payment fee — a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) will be applied to overdue balances after 15 days.
• Project-based work — one-time projects may require a deposit of 50% upfront and 50% upon delivery, as agreed in the SOW.
• Suspension of services — we reserve the right to pause or suspend services for accounts with invoices overdue by more than 30 days.

All prices are exclusive of applicable taxes. Clients are responsible for any withholding taxes, GST, or other statutory deductions applicable in their jurisdiction.

4. Intellectual Property

The following intellectual property provisions govern all work delivered under these Terms:

• Client-owned assets — all brand assets, logos, trademarks, product images, and other materials you provide to us remain your exclusive property at all times.
• Deliverables — upon receipt of full payment, ownership of final deliverables (such as website designs, ad creatives, and written content created specifically for your brand) transfers to you.
• Agency IP — Klickkk Digital retains ownership of all proprietary tools, methodologies, frameworks, processes, templates, and software developed or used by us, including Shopify apps. These are licensed to you for use during the engagement but do not transfer to you.
• Portfolio rights — we reserve the right to display work completed for you in our portfolio and marketing materials, unless you request otherwise in writing prior to project commencement.

5. Confidentiality

Both parties agree to maintain strict confidentiality with respect to each other's proprietary and sensitive business information. Specifically:

• Neither party shall disclose the other party's confidential information to any third party without prior written consent, except as required by law.
• Confidential information includes, but is not limited to, business strategies, financial data, client lists, campaign performance data, pricing, and trade secrets.
• These confidentiality obligations survive the termination of the engagement for a period of two (2) years.

Confidentiality does not apply to information that is publicly available, independently developed by the receiving party, or lawfully obtained from a third party without restriction.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Klickkk Digital 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, or loss of business opportunities, arising from or related to our services.

Our total cumulative liability to you for any claims arising under or related to these Terms shall not exceed the total fees paid by you to Klickkk Digital in the one (1) calendar month immediately preceding the event giving rise to the claim.

We do not guarantee specific results, rankings, revenue targets, or return on advertising spend. Digital marketing outcomes are influenced by numerous factors outside our direct control, including platform algorithm changes, market conditions, and competitor behaviour.

7. Termination

Either party may terminate a service engagement by providing thirty (30) days' written notice to the other party. Written notice may be delivered by email to the contact addresses specified in the service agreement.

• All outstanding invoices for work completed up to the termination date remain due and payable in full.
• Upon termination, we will provide you with all final deliverables and relevant account access credentials within 14 business days.
• Either party may terminate immediately, without notice, in the event of a material breach of these Terms that is not remedied within 10 business days of written notice of the breach.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, and, where applicable, the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Delaware, USA.

For clients located in India, disputes may also be subject to applicable Indian law, including the Information Technology Act, 2000, and the Consumer Protection Act, 2019, as applicable. Both parties agree to first attempt resolution through good-faith negotiation before resorting to formal legal proceedings.

9. Contact

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us at: