Terms & Conditions

Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the website and the digital marketing services (the "Services") operated by Social Mount ("us," "we," or "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.

1. Definitions

• "Services": Refers to the digital marketing services provided by Social Mount, including but not limited to, Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising, Content Marketing, Social Media Marketing, Website Design & Development, Email Marketing, Analytics, and Consulting.

• "Client" / "You": Refers to the individual or entity engaging Social Mount for its Services.

• "Website": Refers to [Your Website URL - e.g., https://www.google.com/search?q=socialmount.com].

• "Content": Refers to any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website or the Services.

• "Agreement": Refers to these Terms and Conditions, along with any specific service agreements, proposals, or contracts entered into between Social Mount and the Client.

2. Services Provided

Social Mount offers a range of digital marketing services. The specific services to be provided to the Client, the scope of work, deliverables, timelines, and associated fees will be outlined in a separate written proposal, service agreement, or Statement of Work (SOW) mutually agreed upon by both parties. This proposal/agreement will form an integral part of these Terms.

3. Client Responsibilities

The Client agrees to:

• Provide all necessary access to relevant accounts (e.g., website backend, analytics, advertising platforms, social media profiles) promptly to facilitate the provision of Services.

• Provide all necessary information, content, images, logos, and data ("Client Content") required by Social Mount to perform the Services in a timely manner.

• Ensure that all Client Content provided to Social Mount is accurate, legal, does not infringe on any third-party rights (including intellectual property rights), and is free from viruses or other malicious code.

• Review and approve all materials, content, and strategies presented by Social Mount in a timely fashion. Delays in approval may impact project timelines.

• Make timely payments for all Services as per the agreed-upon payment terms.

• Acknowledge that digital marketing results are not guaranteed and can be influenced by various external factors beyond Social Mount's control (e.g., search engine algorithm changes, competitor activities, market trends).

4. Fees and Payment

• Service Fees: Fees for Services will be detailed in the specific proposal or service agreement.

• Payment Terms: [Clearly state your payment terms, e.g., "Invoices are due Net 15 days from the date of issue." or "A 50% upfront payment is required before commencement of services, with the remaining 50% due upon project completion/monthly."]

• Late Payments: [Specify consequences of late payment, e.g., "Payments not received by the due date may incur a late fee of X% per month or the maximum permitted by law." or "Services may be suspended until payment is received."]

• Taxes: All fees are exclusive of applicable taxes (GST, VAT, etc.), which will be added to the invoice where required by law. The Client is responsible for paying all such taxes.

• Third-Party Costs: Costs for third-party tools, advertising spend (e.g., Google Ads, Meta Ads), stock images, or premium plugins are generally separate from Social Mount's service fees unless explicitly included in the service agreement. The Client is responsible for these costs.

5. Term and Termination

• Agreement Term: The duration of the Services will be specified in the individual service agreement.

• Termination by Client: [State your cancellation policy. E.g., "The Client may terminate this Agreement by providing X days' written notice to Social Mount. If terminated before the completion of a project or contract term, the Client may be liable for payment for services rendered up to the termination date, unrecoverable third-party costs, and/or an early termination fee as specified in the service agreement."]

• Termination by Social Mount: We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

• Effect of Termination: Upon termination, any outstanding payments become immediately due. Social Mount will endeavor to provide all finalized deliverables up to the date of termination upon receipt of all outstanding payments.

6. Intellectual Property

• Client Content: The Client retains all intellectual property rights in the Client Content provided to Social Mount. The Client grants Social Mount a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display the Client Content solely for the purpose of providing the Services.

• Social Mount Work Product: Upon full payment for Services, any original creative work product specifically developed by Social Mount for the Client as part of the Services (e.g., custom website designs, unique ad copy, custom content, excluding pre-existing tools or methodologies of Social Mount) shall become the intellectual property of the Client.

• Social Mount Tools & Methodologies: All intellectual property rights in Social Mount's pre-existing tools, software, methodologies, templates, and general know-how used in providing the Services shall remain the sole property of Social Mount.

• Website Content: All Content present on the Social Mount Website (excluding Client Content and publicly available information) is the property of Social Mount or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website without our prior written consent.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed by the other party during the course of this Agreement ("Confidential Information"), including but not limited to business plans, financial information, client lists, trade secrets, and marketing strategies. This obligation excludes information that is publicly known, independently developed, or required to be disclosed by law.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIAL MOUNT, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Disclaimer of Warranties

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Social Mount does not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements or expectations.

10. Indemnification

You agree to defend, indemnify, and hold harmless Social Mount and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms; or c) any Client Content provided by you.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of [Your Country/State, e.g., India / the State of Maharashtra], without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in [Your City, e.g., Pune, Maharashtra, India] in accordance with the provisions of the [Relevant Arbitration Act, e.g., Arbitration and Conciliation Act, 1996 (India)] for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least [e.g., 30 days'] notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms, together with any specific service agreements or proposals, constitute the entire agreement between you and Social Mount regarding our Services and supersede and replace any prior agreements, oral or otherwise, regarding the Services.

15. Contact Us

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

Social Mount

Info.socialmount@gmail.com