Terms & Conditions

1) Acceptance of Terms

By accessing our website, engaging our free audit, or purchasing services from EcommFusion (“we”, “us”, “our”), you agree to these Terms & Conditions and any SOW, estimate, invoice, or policy referenced herein.

2) Changes to Terms

We may update these Terms periodically. The “Last updated” date reflects the current version. Continued use of our website or services after changes constitutes acceptance.

3) Services & Scope

We provide web design & development, e-commerce solutions, marketplace (Amazon/Flipkart) growth, digital marketing, SEO, and related services. Deliverables, milestones, and timelines are defined in the SOW/estimate.

• Minor content/design revisions are typically included; extensive scope changes may require a change order and additional fees.
• Dependencies (e.g., content, approvals, access, payments) may affect delivery timelines.

4) Accounts & Access

You are responsible for the accuracy and security of credentials shared with us. We follow least-privilege access and can use temporary or invited roles where possible. Remove our access after project completion if required.

5) Fees, Payments & Refunds

• Billing model: Commonly 50% upfront, 25% mid-project, 25% on completion (unless otherwise stated).
• Late payments: May pause work and attract reasonable late fees/interest as permitted by law.
• Refunds: Discovery/strategy, time-spent, third-party costs (hosting, domains, ads, themes, plugins) are non-refundable.
• Taxes: Prices are exclusive of applicable taxes/withholdings unless otherwise specified.

6) Client Responsibilities

• Provide timely content, approvals, and access.
• Ensure you have rights to the materials (logos, images, copy) you supply.
• Review and test deliverables promptly; report issues within the agreed support window.

7) Intellectual Property

• Your materials: You retain ownership of content you provide. You grant us a non-exclusive license to use them to deliver the project.
• Our work product: Upon full payment, you receive a license or ownership to final deliverables as specified in the SOW. Our pre-existing IP, frameworks, templates, and internal tools remain ours.
• Open source & licenses: Some components may be open-source or licensed from third parties under their respective terms.

8) Portfolio & Attribution

We may display non-confidential snapshots, URLs, and case notes of your project in our portfolio and marketing. If you require NDA/attribution removal, notify us in writing before project start.

9) Third-Party Tools & Accounts

We may recommend or configure third-party services (hosting, domains, email, CDN, analytics, ad platforms, payment gateways). You are bound by their separate terms, pricing, SLAs, and policies.

10) Disclaimers

• SEO: Search performance depends on many external factors (competition, algorithm changes, content cadence). No fixed-rank guarantees.
• Uptime / Performance: Hosting/CDN performance and uptime are subject to their providers. We cannot guarantee uninterrupted service.
• Campaigns: Marketing/ads outcomes vary by audience, budget, offer, and seasonality. We provide best-effort optimization, not guaranteed results.

11) Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, loss of profit, data, or business interruption. Our aggregate liability for any claim shall not exceed the total fees paid by you for the specific service giving rise to the claim during the 3 months preceding the event.

12) Indemnification

You agree to indemnify and hold us harmless from claims arising out of materials you supply, your misuse of the deliverables, or your breach of these Terms or applicable laws.

13) Confidentiality & Data Protection

• Both parties will protect each other’s confidential information and use it solely for the project.
• We take reasonable security measures; however, no method is 100% secure.
• See our Privacy Policy for data practices.

14) Compliance & Acceptable Use

You will not use our services or deliverables for unlawful, infringing, defamatory, or harmful activities. You are responsible for legal compliance (e.g., consumer protection, e-commerce, tax, privacy, advertising standards) in your jurisdiction(s).

15) Non-Solicitation

During the engagement and for 12 months after, you agree not to directly solicit for employment any of our employees or contractors who were materially involved in your project, without our prior written consent.

16) Termination

• Either party may terminate for material breach with 10 days’ written notice if not cured.
• On termination, you will pay for work completed and non-recoverable third-party costs incurred.
• Sections relating to IP, confidentiality, payments, disclaimers, liability, indemnity, and law survive termination.

17) Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Subject to the arbitration clause below, courts at Vadodara, Gujarat shall have exclusive jurisdiction.

Arbitration: Any dispute shall be finally resolved by a sole arbitrator appointed mutually, under the Arbitration and Conciliation Act, 1996, seated in Vadodara, Gujarat. Proceedings shall be in English.

18) Notices

Official notices must be sent by email to [email protected]. Notices are deemed received on business days within India between 10:00–18:00 IST.

19) Miscellaneous

• Entire Agreement: These Terms plus the SOW/estimate constitute the entire agreement.
• Order of Precedence: If there’s a conflict, the signed SOW/estimate prevails over these Terms.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• Force Majeure: We’re not liable for delays beyond reasonable control (e.g., outages, strikes, acts of God).
• Assignment: You may not assign without our consent; we may assign in connection with a merger or sale.

20) Contact