Effective date: 1 April 2026
Last updated: 1 April 2026
Jurisdiction: India
Governed by: Indian Contract Act 1872, IT Act 2000
Please read these Terms and Conditions carefully before using our Website or engaging our services. By accessing this Website or submitting an enquiry, you agree to be bound by these terms. If you do not agree, please do not use our Website.
1. Definitions
In these Terms and Conditions:
- "Company", "we", "us", "our" means Ombre Consultants, a company incorporated under the Companies Act, 2013, with its registered office in India.
- "Website" means ombreconsultants.in and all associated pages.
- "Client", "you", "your" means any individual or entity that accesses the Website or engages our services.
- "Services" means digital marketing services including SEO, SEM/PPC, social media marketing, email marketing, analytics, influencer marketing, and any related consulting.
- "Agreement" means these Terms and Conditions together with any separately executed Service Agreement or Statement of Work.
- "Deliverables" means any work product, reports, content, or materials produced by us as part of the Services.
2. Acceptance of terms
By accessing our Website, submitting an enquiry form, or engaging our services, you confirm that you:
- Are at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872
- Are authorised to act on behalf of your company or organisation if submitting on their behalf
- Have read, understood, and agree to be bound by these Terms and our Privacy Policy
3. Our services
3.1 Service agreements
All client engagements are governed by a separately executed Service Agreement or Statement of Work that specifies the scope, deliverables, timelines, and fees. These Terms and Conditions form part of that Agreement and are incorporated by reference.
3.2 No guarantee of results
Digital marketing outcomes depend on numerous factors outside our control, including search engine algorithm changes, market conditions, platform policies, and client-side factors. We commit to applying best-practice strategies and our full expertise, but we do not guarantee specific results such as particular search rankings, traffic volumes, or revenue figures unless explicitly stated in a signed Agreement.
3.3 Client obligations
To enable us to deliver the Services, you agree to:
- Provide accurate, complete, and timely information, content, and access to accounts as requested
- Designate a point of contact who is authorised to provide approvals and instructions
- Review and approve deliverables within agreed timelines
- Ensure all content and materials you provide to us do not infringe any third-party rights
4. Use of the website
4.1 Permitted use
You may use this Website for lawful purposes only. You agree not to:
- Use the Website in any way that violates the Information Technology Act, 2000 or any other applicable Indian or international law
- Transmit any unsolicited commercial communications, spam, or malicious code
- Attempt to gain unauthorised access to any part of the Website or its underlying systems
- Use automated tools to scrape, crawl, or extract content from the Website without our prior written consent
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
4.2 Third-party links
Our Website may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
5. Intellectual property
5.1 Our intellectual property
All content on this Website — including but not limited to text, graphics, logos, icons, images, and software — is the property of Ombre Consultants and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Indian intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on this Website without our prior written consent.
5.2 Client materials
You retain ownership of all content, data, and materials you provide to us. You grant us a limited, non-exclusive licence to use such materials solely for the purpose of delivering the Services.
5.3 Deliverables ownership
Upon full payment of all fees, ownership of Deliverables created specifically for you as part of the Services transfers to you, except for any pre-existing materials, tools, methodologies, or third-party components used in their creation, which remain our property or the property of the respective third parties.
5.4 Portfolio rights
We reserve the right to reference your brand name and describe the nature of work performed in our portfolio, case studies, and marketing materials, unless you request otherwise in writing.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, financial data, customer information, and campaign performance data. This obligation survives the termination of any Agreement for a period of 2 years. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
7. Fees and payments
- Fees are as specified in the applicable Service Agreement or Statement of Work.
- Invoices are payable within 15 days of the invoice date unless otherwise agreed in writing.
- Late payments will attract interest at 18% per annum from the due date until the date of actual payment.
- All fees are exclusive of Goods and Services Tax (GST). GST will be charged at the applicable rate as per Indian tax law and shown separately on invoices.
- We reserve the right to pause or suspend Services if any invoice remains unpaid for more than 30 days.
- Ad spend budgets managed on your behalf are billed at actuals and are separate from our management fees.
8. Limitation of liability
To the maximum extent permitted under applicable Indian law:
- Our total aggregate liability to you for any claim arising from or related to the Services or this Agreement shall not exceed the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim.
- We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.
- We are not liable for any failure or delay in performing Services caused by circumstances beyond our reasonable control, including platform algorithm changes, account suspensions by third-party platforms, or force majeure events.
9. Indemnification
You agree to indemnify, defend, and hold harmless Ombre Consultants and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your breach of these Terms or any applicable law
- Any content, data, or materials you provide to us that infringe any third-party intellectual property rights or violate any law
- Your use of the Website in an unauthorised or unlawful manner
10. Termination
Either party may terminate a Service Agreement by giving 30 days written notice, unless a different notice period is specified in the Agreement. Upon termination:
- All outstanding fees for work completed up to the termination date become immediately payable.
- We will deliver all completed Deliverables and provide reasonable handover assistance for up to 5 business days.
- Each party will return or destroy the other party's confidential information.
- We may terminate immediately and without notice if you breach a material term of the Agreement and fail to remedy the breach within 7 days of written notice.
11. Dispute resolution
In the event of any dispute, the parties shall first attempt to resolve it through good-faith negotiation. If the dispute is not resolved within 30 days, it shall be submitted to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties, with the seat of arbitration in Gurugram, Haryana. The language of arbitration shall be English. The arbitrator's decision shall be final and binding on both parties.
12. Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, the courts of Gurugram, Haryana shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
13. Miscellaneous
- Entire agreement: These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties and supersede all prior discussions and agreements.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
- Amendments: We reserve the right to amend these Terms at any time. Material changes will be notified on this page with an updated effective date. Your continued use of the Website after changes constitutes acceptance.
- Force majeure: Neither party shall be liable for delays caused by circumstances beyond their reasonable control, including natural disasters, government actions, or widespread internet outages.
For any questions about these Terms and Conditions, please contact us:
