01Agreement to These Terms
These Terms form a binding agreement between you ("client," "you") and NCMborz ("we," "us," "our"). They apply to our website, communications, and all services we provide.
Where we agree specific details with you in a written proposal, statement of work, or plan summary - covering scope, deliverables, fees, and timelines - that document works alongside these Terms. If anything in a signed proposal conflicts with these Terms, the proposal prevails for that engagement.
02Our Services
NCMborz provides performance-focused digital marketing services, which may include:
- Meta (Facebook & Instagram) and Google Ads management
- SEO and AI visibility (Generative Engine Optimisation)
- Social media marketing and creative production
- Conversion-focused website design and build
- Audits, strategy, and ongoing optimisation
The exact scope of your engagement is defined in your chosen plan or proposal. We may use trusted subcontractors, freelancers, and third-party tools to deliver the work, and we remain responsible for the services we provide to you.
03Engagement & Plans
We work on a month-to-month basis. There are no long-term lock-in contracts and no setup fees unless explicitly stated in your proposal.
Services are offered through standard plans or a custom scope agreed with you. Each plan renews automatically at the start of every billing cycle until cancelled in line with Section 13. Onboarding typically begins within one to two working days after your first payment is confirmed.
04Fees & Payment
Fees are set out in your chosen plan or proposal and, unless agreed otherwise, are billed in advance for each monthly cycle.
- Management fees are payable before each cycle begins.
- Fees are stated in USD (or another currency if agreed in writing).
- Applicable taxes (such as GST) are additional where required by law.
- Late or missed payments may result in work being paused until the account is brought up to date.
Management fees cover our strategy, execution, and time. They do not include advertising spend, which is handled separately (see Section 05).
05Advertising Spend
Advertising budget ("ad spend") is the money paid to platforms such as Meta and Google to run your campaigns. It is separate from our management fees.
Ad spend is paid by you, either directly to the platform or through an arrangement agreed in writing. Ad spend is not our revenue and is non-refundable - that money goes to the platform, not to us. You are responsible for funding your campaigns and for any platform billing.
06Money-Back Guarantee
Some plans include a performance guarantee. Where a guarantee applies, the specific KPIs (for example, target cost-per-lead or number of calls and bookings) and the guarantee window are agreed with you in writing at kickoff.
- If we fail to meet the agreed KPIs within the guarantee window, we refund the management fee for that period.
- The guarantee covers our management fee only - ad spend is excluded, as it is paid to the platforms.
- Where a paid audit is credited toward your first month, that credit applies if you sign on, as described in your proposal.
- The guarantee assumes you have given us timely access, reasonable budget, and have not blocked or overridden our recommendations.
07Your Responsibilities
Good results depend on a working partnership. You agree to:
- Provide timely access to the accounts, assets, and platforms we need.
- Supply accurate information and any required content, footage, or approvals without undue delay.
- Ensure your business, offers, and claims are lawful and truthful.
- Respond to leads and enquiries we generate in a reasonable timeframe.
- Comply with the policies of any advertising platform used.
- Pay fees on time.
Delays or missing inputs from your side may affect timelines and results, and are not grounds for a refund.
08Account Access & Ownership
You retain full ownership of your advertising accounts, domains, social profiles, and the data within them. We operate using the access you grant us.
On termination, we will remove our access and, where reasonable, assist with a smooth handover so you keep control of everything that belongs to you.
09Intellectual Property
Subject to full payment of all fees due, final deliverables we create specifically for you - such as ad creatives, copy, and reports - belong to you.
We retain ownership of our pre-existing tools, frameworks, processes, templates, and know-how, including anything developed independently of your engagement. Unless we agree otherwise in writing, we may reference your project and display non-confidential work as part of our portfolio and case studies.
10Confidentiality
Each party agrees to keep the other's confidential information private and to use it only for the purpose of the engagement. This does not apply to information that is publicly available, already known, independently developed, or required to be disclosed by law.
11Third-Party Platforms
Our services rely on third-party platforms - including Meta, Google, and others - each with their own terms, policies, and pricing that we do not control.
We are not responsible for platform changes, outages, policy updates, algorithm shifts, pricing changes, or account suspensions and bans imposed by these platforms. You are responsible for complying with each platform's policies, and we will work with you in good faith to resolve any platform issues that arise.
12No Guarantee of Results
Digital marketing involves many factors outside our control, including market conditions, competition, platform behaviour, and your own offer and follow-up.
Except for any explicit written guarantee under Section 06, we do not guarantee specific rankings, lead volumes, sales, ROAS, or revenue. Examples, averages, and past results shared with you are illustrative and do not guarantee future outcomes.
13Termination
Because we work month-to-month, either party may cancel by giving notice before the next billing cycle (or any notice period stated in your proposal). On termination:
- Any fees already due remain payable, and the current billing period is not pro-rated or refunded, except where the Section 06 guarantee applies.
- We will pause and wind down active campaigns and remove our access.
- We will provide a reasonable handover of materials you own.
We may suspend or end an engagement if fees go unpaid, if our recommendations are repeatedly overridden in ways that prevent results, or if a client behaves abusively or unlawfully.
14Limitation of Liability
To the maximum extent permitted by law, our total liability arising from or relating to the services is limited to the total management fees you paid to us in the three (3) months immediately before the event giving rise to the claim.
We are not liable for indirect, incidental, special, or consequential losses, including lost profits, lost revenue, lost data, or losses caused by third-party platforms. Nothing in these Terms limits liability that cannot be excluded under applicable law.
15Indemnification
You agree to indemnify and hold NCMborz harmless from any claims, damages, or costs arising from your products or services, the content and claims you provide, your use of the deliverables, or your breach of these Terms, applicable laws, or any platform's policies.
16Governing Law & Disputes
These Terms are governed by the laws of India. Subject to the dispute process below, the courts of Jaipur, Rajasthan have exclusive jurisdiction over any dispute.
Before pursuing formal proceedings, both parties agree to first attempt to resolve any dispute in good faith through direct discussion.
17Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, technology, or legal requirements. The "Last updated" date at the top shows when they were last revised. Material changes will be communicated where reasonable, and continued use of our services means you accept the updated Terms.
18Contact Us
Questions about these Terms? Reach out - a real person will respond.