terms of service

These Terms of Service (“Terms”) form a legally binding agreement between you and ByteWEB IT Solutions Pvt. Ltd., operating its digital marketing vertical as ByteWEB Digital (“we,” “us,” or “our”), governing your access to and use of our website at www.bytewebdigital.com(the “Site”) and any services we deliver to you (the “Services”).

By accessing the Site, requesting a proposal, or engaging us under a separate Statement of Work (“SOW”), you confirm that you have read, understood, and agreed to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you don’t agree, please don’t use the Site or engage us.

ByteWEB Digital is the digital marketing vertical of ByteWEB IT Solutions Pvt. Ltd., a company incorporated under the laws of India. We provide growth-focused digital marketing services to brands across industries and geographies.

References to “ByteWEB Digital,” “ByteWEB,” “us,” or “we” in these Terms are to ByteWEB IT Solutions Pvt. Ltd. acting under its ByteWEB Digital brand.

We offer a range of digital marketing services, which currently include search engine optimisation (SEO), answer engine optimisation (AEO), generative engine optimisation (GEO), pay-per-click and performance advertising, social media optimisation and content, marketplace management, content creation, public relations, email and WhatsApp campaigns, and end-to-end digital marketing programmes. A current list of services is available on our services page.

The exact scope, deliverables, timelines, and fees for any engagement are set out in a written proposal or SOW signed by both parties. Where there is a conflict between these Terms and a signed SOW, the SOW prevails for that specific engagement.

We reserve the right to update, modify, or discontinue any feature of the Site or any standard service offering at any time, with reasonable notice where doing so would affect an active engagement.

4.1 Information you provide

You agree that any information you provide to us — through forms on the Site, during onboarding, or while we deliver services — is accurate, complete, and lawful, and that you have all necessary rights and consents to share it.

4.2 Cooperation and timely inputs

Most of our work depends on inputs from you (briefs, brand assets, access credentials, approvals, content review). You agree to provide these promptly and in good faith. Persistent delays on your side will impact timelines and may result in scope or fee adjustments, which we will discuss with you transparently before applying.

4.3 Account access and security

When you grant us access to your advertising, analytics, CMS, marketplace, or social platforms, you remain responsible for the underlying account, billing relationship, and policy compliance with those platforms. We will use the access only for the purposes set out in your SOW and follow least-privilege principles.

4.4 Compliance with laws

You are responsible for ensuring that the products, services, claims, and creative we are asked to promote on your behalf comply with applicable laws, including consumer-protection, intellectual-property, advertising, and regulatory requirements in the jurisdictions you operate in. We will flag obvious risks but are not your legal counsel.

A specific engagement starts on the date stated in the SOW or, if no date is stated, on the date we receive your countersigned SOW and any first invoice payment.

Standard deliverables, the number of revisions included, ownership of working files, and acceptance criteria are set out in the SOW. Additional work outside the agreed scope will be quoted as a change request and is not implied by these Terms.

6.1 Fees

Fees for our Services are set out in the relevant proposal or SOW. Unless stated otherwise, all fees are exclusive of applicable taxes (including GST in India), bank charges, and out-of-pocket expenses.

6.2 Ad spend and third-party costs

Where an engagement involves third-party advertising platforms (e.g., Google, Meta, Amazon), advertising spend is paid directly by you to those platforms or, if billed through us, is shown as a pass-through line item without markup. Our service fee is separate.

6.3 Invoicing terms

Standard invoicing is monthly in advance for retainer engagements and milestone-based for project work. Invoices are due within 15 days of issue unless a different timeline is agreed in the SOW. Late payment may attract interest at the lower of 1.5% per month or the maximum rate permitted by law.

6.4 Refunds

Because much of our work is bespoke, fees for completed milestones and any advance for an in-progress month are non-refundable. If you believe we have not met an agreed deliverable, raise it within 14 days and we will work in good faith to put it right or, where appropriate, issue a partial credit against future work.

7.1 Pre-existing materials

Each party retains ownership of all intellectual property it brings into the engagement (including trademarks, brand assets, content, source code, and proprietary methods). Nothing in these Terms transfers pre-existing rights from one party to the other.

7.2 Final deliverables

Subject to full payment of all fees due, we assign to you the intellectual-property rights in the final deliverables created specifically for you under the SOW (e.g., final ad creative, blog articles, landing-page copy, video edits), to the extent such assignment is permitted by law.

7.3 Tools, frameworks & know-how

We retain ownership of our methodologies, internal templates, checklists, frameworks, software tools, dashboards, and any improvements or learnings that arise from the engagement. We may re-use generic, non-confidential know-how on other engagements.

7.4 Portfolio rights

Unless your SOW specifies otherwise, we may reference your name, logo, and high-level outcomes (e.g., percentage growth, channel mix) in our portfolio, case studies, and marketing materials. We will not disclose anything you have specifically marked confidential.

7.5 Third-party content

When deliverables include third-party content (stock images, fonts, music, plugins), the licence to use that content sits between you and the licensor. We will document any such third-party terms in the SOW or delivery handover.

Each party may receive confidential information from the other (business plans, financials, customer lists, unreleased products, credentials). Each party agrees to: (a) use such information solely for the purposes of the engagement; (b) protect it with at least the same care it uses for its own confidential information, and never less than a reasonable standard of care; and (c) not disclose it to any third party without consent, except to professional advisers bound by similar confidentiality obligations.

Confidentiality obligations survive termination of any engagement and continue for so long as the information remains genuinely confidential.

Many of our Services rely on third-party platforms — for example, Google Ads, Meta, LinkedIn, Amazon, TikTok, Shopify, WordPress, and various analytics tools. Your use of those platforms is governed by their own terms and policies, and:

• we are not responsible for downtime, policy changes, account suspensions, or pricing changes imposed by those platforms;
• performance data we report is sourced from those platforms and is subject to their measurement methodologies and limitations;
• account suspensions or policy violations on those platforms may disrupt timelines, and we will work with you in good faith to remediate.

You agree not to:

• use the Site or our Services to violate any applicable law or third-party right;
• attempt to gain unauthorised access to the Site, our systems, or any associated networks or accounts;
• scrape, crawl, copy, or otherwise extract content from the Site beyond what is permitted by our robots policy or with our prior written consent;
• interfere with the operation of the Site or impose an unreasonable load on our infrastructure;
• use our Services in connection with content that is unlawful, infringing, defamatory, fraudulent, deceptive, or that we reasonably consider harmful or contrary to our values.

We reserve the right to refuse, suspend, or terminate any engagement that breaches these expectations, with notice and (where appropriate) an opportunity to cure.

We work hard, take pride in our craft, and stand behind the quality of our work. That said, digital marketing involves third-party platforms, search engine algorithms, consumer behaviour, and many other variables outside our control. As a result:

• we do not guarantee specific search rankings, traffic volumes, lead counts, conversion rates, or revenue outcomes unless a specific guarantee is expressly stated in writing in your SOW;
• metrics reported by us are based on data from third-party platforms and are believed to be accurate at the time of reporting;
• the Site and any informational content (including blog posts and case studies) are provided “as is” for general information purposes, without warranties of any kind, express or implied, to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law:

• neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, revenue, anticipated savings, or business opportunity, arising out of or in connection with these Terms or any engagement, even if advised of the possibility of such damages;
• our aggregate liability for any and all claims arising out of or in connection with an engagement will not exceed the total fees actually paid by you to us under that engagement during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law (such as fraud, gross negligence, or wilful misconduct).

You agree to defend, indemnify, and hold harmless ByteWEB Digital, its parent, affiliates, officers, employees, and contractors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) content, data, or materials you supply to us; (b) products or services you offer to your customers; (c) your breach of these Terms or applicable law; or (d) misuse of access we provide to your accounts or platforms.

We will provide reasonable cooperation in defending such claims at your expense, and you will not settle any claim that imposes obligations on us without our prior written consent.

14.1 By either party, for convenience

Unless otherwise stated in your SOW, either party may terminate a retainer engagement by giving the other party at least 30 days’ written notice. You remain liable for fees for work performed up to and including the effective date of termination, plus any non-cancellable third-party commitments already made on your behalf.

14.2 By either party, for cause

Either party may terminate immediately by written notice if the other party: (a) materially breaches these Terms or the SOW and fails to cure within 14 days of being notified; or (b) becomes insolvent, enters liquidation, or otherwise cannot continue normal business.

14.3 Effect of termination

On termination: (a) we will deliver any final, paid-for deliverables and provide a reasonable handover period; (b) you will pay all undisputed outstanding fees within 30 days; and (c) provisions that by their nature should survive (confidentiality, IP, liability, indemnification, governing law, dispute resolution) will continue to apply.

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of India, without regard to its conflict-of-laws principles. Subject to section 16, the courts at Vadodara, Gujarat, India will have exclusive jurisdiction over any dispute or proceeding arising out of or in connection with these Terms or any engagement.

We’d much rather resolve concerns through a conversation. If a dispute arises out of or in connection with these Terms or an engagement, the parties will first attempt to resolve it through good-faith discussions between senior representatives within 30 days of written notice.

If the dispute cannot be resolved through discussion, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by mutual agreement, or, failing such agreement, in accordance with the Act. The seat and venue of arbitration will be Vadodara, Gujarat, India, and the language of arbitration will be English. The arbitral award will be final and binding on the parties. Either party may seek interim or injunctive relief from the courts referred to in section 15 pending or in aid of arbitration.

We may revise these Terms from time to time. The revised version will be posted on this page with an updated last updated date. For material changes that affect an active engagement, we will provide reasonable advance notice and, where relevant, your right to terminate the affected engagement without further fees if you do not accept the change.

Your continued use of the Site or Services after a revision becomes effective constitutes acceptance of the revised Terms.

• Entire agreement. These Terms, together with any SOW and our Privacy Policy, constitute the entire agreement between you and us regarding their subject matter and supersede any prior or contemporaneous understandings.
• Severability. If any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. A failure or delay in exercising a right is not a waiver of that right.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or a successor in connection with a merger or sale of the relevant business.
• Force majeure. Neither party is liable for delays or failure to perform caused by events outside its reasonable control, provided that the affected party gives prompt notice and uses reasonable efforts to mitigate.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.
• Notices. Notices must be in writing and sent to the email addresses we provide on this page or in your SOW, or to such other address as a party may notify the other in writing.

If you have any questions about these Terms, write to us at:

• Email: [email protected]
• Registered office: ByteWEB IT Solutions Pvt. Ltd., Vadodara, Gujarat, India.

For general service enquiries, please use the form on our contact page.