Back to Home

Terms of Service

Last updated: December 17, 2024

1. Agreement to Terms

By accessing or using Nestify Media's website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access our Services. These Terms apply to all visitors, users, and others who access or use our Services.

2. Description of Services

Nestify Media provides digital marketing services, including but not limited to:

  • Performance marketing and advertising campaigns
  • Social media advertising management
  • Marketing strategy consultation
  • Analytics and reporting services
  • AI-powered marketing optimization

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. No Guarantee of Results

IMPORTANT DISCLAIMER:

While we use industry-leading strategies and technology to optimize your marketing campaigns, we do not guarantee specific results, including but not limited to:

  • Specific return on ad spend (ROAS)
  • Number of leads or conversions
  • Sales volume or revenue targets
  • Audience growth or engagement metrics

Marketing results depend on numerous factors beyond our control, including market conditions, product quality, pricing, competition, and seasonal variations. Past performance of our campaigns does not guarantee future results.

4. Client Responsibilities

As a client, you are responsible for:

  • Providing accurate and complete information about your business and marketing objectives
  • Timely provision of creative assets, access credentials, and other required materials
  • Your advertising spend with platforms like Facebook, Google, and other advertising networks
  • Compliance with all applicable laws and regulations in your advertising and business practices
  • Ensuring your products, services, and marketing materials do not violate platform policies
  • Reviewing and approving campaign strategies and creative materials in a timely manner

5. Advertising Spend and Payment

Client is Responsible for Ad Spend: You are solely responsible for all advertising costs charged by third-party platforms (Facebook Ads, Google Ads, etc.). These costs are separate from our service fees and are billed directly by the respective platforms to you.

Service Fees: Our service fees are charged separately and are non-refundable unless otherwise specified in your service agreement. Payment terms will be outlined in your specific service contract.

Budget Control: You maintain full control over your advertising budgets and can adjust or pause spending through the respective advertising platforms at any time.

6. Intellectual Property Rights

Our Intellectual Property: All content, methodologies, processes, software, tools, and materials created by Nestify Media remain our exclusive intellectual property. This includes but is not limited to:

  • Marketing strategies and frameworks
  • Proprietary AI algorithms and tools
  • Templates, reports, and analytical tools
  • Training materials and documentation

Client Content: You retain all rights to your pre-existing materials, content, and trademarks. By using our Services, you grant us a limited license to use your materials solely for providing our Services to you.

Campaign Materials: Creative assets, ad copy, and campaign materials developed specifically for your campaigns will be delivered to you upon completion and full payment. However, our underlying methodologies and processes remain our property.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our engagement. This includes business strategies, financial information, customer data, and any information marked as confidential.

8. Term and Termination

Service Term: The term of service will be specified in your individual service agreement. Either party may terminate the service agreement according to the terms outlined in that agreement.

Termination for Breach: We reserve the right to terminate or suspend access to our Services immediately, without prior notice, if you breach these Terms or engage in fraudulent, illegal, or harmful activities.

Effect of Termination: Upon termination, you must cease use of our Services. Provisions related to intellectual property, confidentiality, limitation of liability, and dispute resolution will survive termination.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Nestify Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of our Services.

Our total liability for any claims arising out of or relating to these Terms or our Services shall not exceed the amount you paid to us for Services in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Nestify Media, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your advertising content or business practices
  • Any fraudulent or illegal activities

11. Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Jurisdiction: Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Kolkata, India.

Informal Resolution: Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing the dispute and your proposed resolution.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Nestify Media regarding our Services and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Nestify Media

Kolkata, India

Email: hello@nestifymedia.com