Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website peaktreedigital.com and all services provided by PeakTree Digital ("we", "us", "our", "the Company"), a digital agency based in Gurugram, Haryana, India.

By accessing our website, submitting a form, engaging our services, or making a payment, you ("Client", "you", "user") confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 18 years of age and legally capable of entering into a contract.
• If you are entering this agreement on behalf of a business, you have authority to bind that business to these Terms.

If you do not agree with any part of these Terms, please do not use our website or services.

2. Definitions

• "Services" — all digital marketing, SEO, web/app development, branding, AI automation, social media micro-services, and consulting offered by PeakTree Digital.
• "Website" — peaktreedigital.com and all its subpages.
• "Client" — any individual or business that engages us for Services.
• "Deliverables" — any file, code, design, content, or output we produce for the Client.
• "Project" — a defined scope of Services agreed between us and the Client, typically documented in a proposal, statement of work (SOW), or email confirmation.
• "Fees" — the amounts payable by the Client for Services, as quoted or listed on our pricing page.

3. Our Services

3.1 Scope of Work

Every Project is defined by a written scope — proposal, SOW, or email confirmation — that outlines deliverables, timelines, revision limits, and Fees. Anything not explicitly included is considered out of scope and may require a separate quotation.

3.2 Revisions

Unless otherwise stated, our standard Projects include:

• Websites: up to 2 rounds of revisions per design milestone.
• Branding: up to 3 logo concepts and 2 refinement rounds.
• Marketing campaigns: ongoing optimization as per the monthly retainer scope.

Additional revisions beyond these limits are billed at our standard hourly rate or quoted separately.

3.3 Timelines

Timelines provided are good-faith estimates. Delays caused by the Client — missing content, delayed feedback, or unresponsive approvals — will extend the timeline without liability to PeakTree Digital.

3.4 Micro-Services

Our micro-services (e.g., social media starter packages, follower/view boost packages) are short-duration, one-time engagements. They are executed via the method described on the pricing page — which may include organic promotion, content-driven reach, or paid ad-driven distribution. We do not use bots or artificial engagement tools. Delivery is generally completed within 24–72 hours unless stated otherwise.

4. Client Obligations

To enable us to deliver Services effectively, the Client agrees to:

• Provide accurate information — business details, brand assets, hosting credentials (only where needed and only via secure channels), and any materials required for the Project.
• Respond timely — reply to queries and approvals within 5 business days; delays suspend work and may extend timelines.
• Ensure legal rights — confirm the Client owns or has license to all content (logos, images, text, videos) provided to us for use.
• Not share account passwords — we will never ask for social media passwords. If you choose to share them voluntarily against our guidance, you do so at your own risk.
• Comply with platform rules — the Client acknowledges that third-party platforms (Google, Meta, Instagram, YouTube, LinkedIn) have their own terms; the Client is responsible for adhering to them.

5. Payments & Billing

5.1 Fees & Currency

All Fees are quoted in Indian Rupees (INR) unless otherwise specified. Prices listed on our Pricing page are exclusive of applicable taxes (GST at the prevailing rate will be added where applicable).

5.2 Payment Schedule

• Project-based work: 50% advance to commence, 50% on delivery (unless otherwise agreed in writing).
• Monthly retainers: payable in advance on the 1st of each month (or on the renewal date if started mid-month).
• Micro-services: 100% payment upfront before delivery begins.
• Enterprise engagements: as per the signed Master Service Agreement (MSA).

5.3 Payment Methods

We accept bank transfers, UPI, credit/debit cards, and online payment gateways (Razorpay, Stripe). All online payments are processed through PCI-DSS-compliant providers — we do not store full card details.

5.4 Late Payments

Invoices unpaid beyond 15 days of the due date may attract:

• A late fee of 1.5% per month on the outstanding balance.
• Suspension of ongoing Services until the account is cleared.

5.5 Taxes

The Client is responsible for any applicable taxes, duties, or levies in their jurisdiction. Indian clients must provide a valid GSTIN for tax-compliant invoicing.

6. Refunds & Cancellations

6.1 Project-Based Work

• Before work begins: Full refund minus payment gateway charges (typically 2–3%).
• After work begins: The advance is non-refundable once design, development, or campaign setup has commenced — as resources have been allocated and time spent.
• At delivery: If the Client is unsatisfied with the delivered work, we will revise within the agreed scope. Refunds are not provided for subjective design taste after final delivery.

6.2 Monthly Retainers

Retainers may be cancelled with 30 days' written notice. The current month's Fees are non-refundable once the month has begun. No refunds for partial months.

6.3 Micro-Services

Micro-services (follower/view/subscriber packages, test packages, short-duration management) are non-refundable once delivery has started.

6.4 Exceptions

Refunds are not provided where the Client:

• Provided false or incomplete information.
• Changed the Project scope mid-way and rejected the revised quote.
• Violated platform terms (e.g., had their account suspended for reasons unrelated to our Services).
• Requested cancellation after substantial delivery (as documented in our project logs).

7. Intellectual Property

7.1 Client Materials

The Client retains ownership of all content, logos, images, and data provided to us. By sharing this material, the Client grants PeakTree Digital a limited license to use it solely to deliver the Services.

7.2 Deliverables

Upon full payment of all Fees, ownership of final Deliverables (website code, designs, campaign assets, brand assets) transfers to the Client, unless otherwise stated in the proposal.

7.3 Our Pre-existing Tools & Frameworks

Any proprietary frameworks, code libraries, internal AI tools, or templates we use remain our intellectual property. The Client receives a perpetual, non-exclusive license to use them as embedded in the Deliverables.

7.4 Portfolio Rights

Unless the Client explicitly opts out in writing, we reserve the right to showcase the completed work in our portfolio, case studies, and marketing materials. The Client can request confidentiality at any time.

7.5 Third-Party Assets

Fonts, stock images, plugins, and third-party licenses used in the Project are subject to their own terms. We'll advise the Client on any licenses they must maintain (e.g., premium font licenses).

8. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement — business strategies, financials, customer lists, technical data, credentials. This obligation survives termination of the engagement for a period of 3 years.

Confidentiality does not apply to information that is:

• Already publicly available.
• Independently developed without reference to the disclosing party's information.
• Required to be disclosed by law or court order.

9. Acceptable Use

You agree NOT to use our website or services to:

• Engage in illegal, fraudulent, or deceptive activity.
• Promote adult content, hate speech, violence, gambling (where restricted), or illegal products.
• Distribute malware, spyware, or engage in hacking.
• Violate the intellectual property rights of others.
• Use bots, scrapers, or automated tools to extract content from our website.
• Impersonate PeakTree Digital or misrepresent your affiliation with us.
• Send spam or unsolicited bulk communication.
• Attempt to reverse-engineer our internal systems or AI tools.

We reserve the right to refuse or terminate Services for any Client engaged in these activities without refund.

10. Third-Party Services

Some of our Services rely on third-party platforms — Google, Meta, Instagram, YouTube, LinkedIn, Vercel, AWS, Razorpay, Stripe, hosting providers, and domain registrars. We are not responsible for:

• Changes in third-party terms, policies, or pricing.
• Downtime, outages, or API deprecations beyond our control.
• Account suspensions caused by third-party enforcement actions.
• Losses due to platform algorithm changes.

Where possible, we will inform the Client of material changes and adapt campaigns or integrations accordingly.

11. Warranties & Disclaimers

11.1 What We Warrant

• We will perform Services with reasonable skill, care, and professionalism.
• Deliverables will be original work or properly licensed material.
• Deliverables will substantially conform to the agreed scope.

11.2 What We Do Not Warrant

The website and Services are provided "AS IS" and "AS AVAILABLE". We disclaim all warranties — express or implied — including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by Indian law, PeakTree Digital's total liability arising out of or related to these Terms or the Services shall not exceed the total Fees paid by the Client in the 3 months immediately preceding the claim.

We shall not be liable for any:

• Indirect, incidental, special, or consequential damages.
• Loss of profits, revenue, data, goodwill, or business opportunity.
• Damages resulting from third-party platforms, interruptions, or force majeure events.

This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we were advised of the possibility of such damages.

13. Indemnification

The Client agrees to indemnify, defend, and hold harmless PeakTree Digital, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• The Client's breach of these Terms.
• Content, materials, or data supplied by the Client that infringe third-party rights.
• The Client's products, services, or business practices.
• The Client's violation of any applicable law or regulation.

We agree to indemnify the Client against claims that our Deliverables infringe a third-party's intellectual property, provided the Client promptly notifies us of the claim and gives us control of the defence.

14. Termination

14.1 Termination for Convenience

Either party may terminate a monthly retainer with 30 days' written notice. Project-based engagements may be terminated by mutual written agreement, with settlement of work completed to date.

14.2 Termination for Cause

We may terminate immediately and without refund if the Client:

• Fails to make payment within 30 days of the due date.
• Violates the Acceptable Use section or any applicable law.
• Engages in abusive, harassing, or threatening behaviour toward our team.

14.3 Effects of Termination

On termination:

• All outstanding Fees become immediately due.
• Deliverables completed and paid for will be handed over within 7 business days.
• We may archive Project files for 60 days, after which they may be deleted.
• Clauses that by their nature should survive termination (Confidentiality, IP, Liability, Governing Law) will remain in effect.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Gurugram, Haryana, India.

Before initiating legal proceedings, both parties agree to attempt good-faith resolution through:

• Written notice of the dispute to hello@peaktreedigital.com.
• A 30-day negotiation period.
• If unresolved, mediation under the Mediation and Conciliation Rules, 2023 before litigation.

16. Changes to These Terms

We may update these Terms periodically to reflect changes in our services or legal requirements. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Notify active Clients via email.
• Post a notice on our homepage for 30 days.

Continued use of our website or Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree, you must stop using our Services.

17. Contact Us

For any questions, concerns, or notices relating to these Terms, please contact us:

For legal notices specifically, please write with the subject line "Legal Notice — Terms" and address it to our legal team. We respond within 5 business days.