These Terms & Conditions ("Terms") govern your access to and use of the website https://alphabusinessdigital.com, and your engagement of any services provided by Alpha Business Digital ("Company", "we", "us", "our"), including paid digital marketing, website/funnel development, advertising management, and related client acquisition services ("Services"). By accessing our website, booking a strategy session, or engaging our Services, you ("Client", "you") agree to be bound by these Terms.
If you do not agree with these Terms, you must not use our website or engage our Services.
We provide done-for-you digital marketing infrastructure and lead generation systems for custom home builders, renovation contractors, and similar businesses, which may include:
- Paid advertising management (e.g., Meta Ads, Google Ads).
- Website and funnel design, development, and hosting setup.
- CRM configuration, automation workflows, and WhatsApp/email integration.
- Lead qualification, routing, and reporting.
- Strategy consultations and related advisory services.
The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate proposal, service agreement, or invoice ("Service Agreement"), which forms part of these Terms. In the event of a conflict, the Service Agreement prevails over these Terms for that specific engagement.
2. Eligibility and Strategy Sessions
Our free strategy session is offered at our discretion to qualifying businesses, primarily custom home builders and renovation contractors. We reserve the right to decline or reschedule a strategy session at our discretion. A free strategy session does not constitute a contractual obligation to provide paid Services, and no client-agency relationship is formed until a Service Agreement is signed and any applicable payment is made.
3. Fees and Payment
- Fees for Services will be specified in the applicable Service Agreement, proposal, or invoice.
- Payments may be collected via Razorpay, PayPal, bank transfer, or invoice, as agreed at the time of engagement.
- Unless otherwise agreed in writing, fees are billed in advance on a monthly or milestone basis.
- Late payments may result in suspension of Services, including pausing of ad campaigns, automations, and lead delivery, until outstanding amounts are settled.
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All fees are exclusive of applicable taxes (including GST), which will be added as required by law.
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Third-party costs — including advertising spend (Meta/Google ad budgets), software subscriptions, WhatsApp Business API messaging costs, domain/hosting fees — are separate from our service fees and are the Client's responsibility unless explicitly stated otherwise in the Service Agreement.
4. Client Responsibilities
To enable us to deliver the Services and meet any performance expectations, the Client agrees to:
- Fund advertising accounts adequately and on time.
- Respond to leads within the agreed service-level timeframe (e.g., within 5 minutes of alert) where lead quality or conversion is part of the engagement.
- Provide timely access to required accounts (e.g., Meta Business Manager, Google Ads, domain/hosting, WhatsApp Business number).
- Provide accurate business information, branding assets, and approvals needed for campaign and website work.
- Comply with applicable advertising platform policies and not direct us to create misleading, false, or policy-violating content.
We are not responsible for delays, reduced performance, or Service interruptions caused by the Client's failure to meet these responsibilities.
5. Lead Generation and Performance Disclaimer
Where our Services include lead generation, we work to deliver pre-qualified inquiries based on the targeting, budget, and parameters agreed with the Client. However:
- We do not guarantee a specific number of leads, sales, signed projects, or revenue outcomes, except where expressly and specifically stated in a signed Service Agreement with defined, measurable terms.
- Lead volume and quality are influenced by factors outside our control, including market conditions, advertising platform algorithm changes, Client's sales process, and Client's responsiveness.
- Any performance figures, case studies, or examples shared in our marketing materials are illustrative and not a guarantee of similar results for every Client.
6. Intellectual Property
- Upon full payment, the Client owns the final website, funnel, and creative deliverables specifically created for them, excluding any underlying tools, templates, frameworks, code libraries, or systems owned by the Company or third-party licensors, which remain our property or that of the respective licensor.
- We retain the right to use anonymized results, case studies, and non-confidential aspects of the work performed for portfolio, marketing, and promotional purposes, unless the Client requests confidentiality in writing.
- The Client grants us a license to use their name, logo, and business details solely for the purpose of delivering and reporting on the Services during the engagement.
7. Confidentiality
Both parties agree to keep confidential any non-public business, financial, or strategic information disclosed during the engagement, and to use such information solely for the purpose of the engagement. This obligation survives termination of the engagement for a period of two (2) years.
8. Term and Termination
- The term of engagement will be specified in the Service Agreement (e.g., month-to-month, fixed-term, or minimum commitment period).
- Either party may terminate a month-to-month engagement with thirty (30) days' written notice.
- We reserve the right to suspend or terminate Services immediately in the event of non-payment, misuse of our systems, illegal activity, or breach of these Terms by the Client.
- Upon termination, the Client remains liable for fees incurred up to the termination date, and any third-party costs already committed (e.g., active ad spend, subscription terms) on the Client's behalf.
9. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability arising out of or relating to the Services shall not exceed the total fees paid by the Client to us in the three (3) months preceding the event giving rise to the claim.
- We shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of business opportunity, or reputational harm, arising from the use of our Services.
- We are not liable for actions, errors, omissions, or policy decisions of third-party platforms (Meta, Google, WhatsApp Business API providers, hosting providers, payment processors) that affect campaign delivery, account status, or Service performance.
10. Indemnification
The Client agrees to indemnify and hold harmless the Company, its officers, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) the Client's breach of these Terms; (b) inaccurate information or assets provided by the Client; (c) the Client's use of leads or data provided through our Services in violation of applicable law; or (d) content or instructions provided by the Client that violate third-party rights or platform policies.
11. Third-Party Tools and Platforms
Our Services rely on third-party platforms and tools, including but not limited to Meta, Google, Zoho CRM, Pabbly Connect, Wati/Interakt, Brevo, Cal.com, Google Looker Studio, WordPress, and Funnelkit. We are not responsible for outages, pricing changes, policy changes, or discontinuation of these third-party services, though we will make reasonable efforts to adapt the Client's systems where feasible.
12. Refunds
Refunds, where applicable, are governed by our separate Refund Policy, which forms part of these Terms by reference and is available on our website.
13. Independent Contractor Relationship
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the Company and the Client. The Company acts as an independent contractor in delivering the Services.
14. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, internet or platform outages, government action, or other events of force majeure.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising out of or in connection with these Terms or the Services shall first be attempted to be resolved amicably through good-faith negotiation. If unresolved within thirty (30) days, disputes shall be subject to the exclusive jurisdiction of the courts located in India, at a venue to be specified in the applicable Service Agreement.
16. Amendments
We may update these Terms from time to time. Material changes will be communicated to active Clients. Continued use of our website or Services after changes take effect constitutes acceptance of the revised Terms. For active engagements under a signed Service Agreement, the terms agreed at signing will continue to govern that engagement unless both parties agree otherwise in writing.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18. Contact Information
For questions about these Terms, please contact us:
Alpha Business Digital