Terms & Conditions, Privacy Policy

5. Communication Rights & DND Override

• Explicit Consent: You grant us explicit permission to contact you via phone calls, SMS, WhatsApp messages, emails, and any other communication channels regardless of your registration on any Do Not Disturb (DND), National Do Not Call Registry (NDNC), or similar opt-out services.
• Purpose: Communications may include but are not limited to service updates, promotional offers, marketing messages, payment reminders, technical support, and business-related information.
• Scope: This consent applies to all contact numbers and email addresses you provide, whether registered with DND services or not.
• Compliance: We maintain compliance with applicable telecommunications regulations while exercising our right to contact clients for legitimate business purposes.
• Duration: This consent remains valid for the duration of our business relationship and for a reasonable period thereafter for follow-up and support purposes.

6. Limitation of Liability

• No Liability For: Lost profits, lost revenue, lost business opportunities, data loss, service interruptions, third-party claims, indirect damages, consequential damages, incidental damages, punitive damages, or any special damages.
• Third-Party Platforms: We are not liable for changes, issues, or policies of third-party platforms (Google, Facebook, Instagram, YouTube, Microsoft, LinkedIn, etc.).
• Ad Account Issues: We are not responsible for ad account suspensions, bans, policy violations, or disapprovals by advertising platforms.
• Website/Software Issues: We are not liable for downtime, security breaches, data loss, or technical issues beyond our direct control.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control including natural disasters, pandemics, wars, government actions, internet outages, or platform policy changes.

7. Client Responsibilities & Obligations

• Accurate Information: Client must provide accurate, complete, and truthful information about their business, products, and services.
• Timely Feedback: Client must provide timely feedback, approvals, and necessary materials for campaign execution.
• Access & Credentials: Client must provide necessary access to advertising accounts, websites, and platforms in a timely manner.
• Compliance: Client warrants that their business, products, and services comply with all applicable laws and regulations.
• Content Approval: Client is responsible for final approval of all advertising content and materials.
• Payment Obligations: Client must maintain payment schedules and cover all third-party costs including advertising spend.

8. Intellectual Property Rights

• Company IP: All methodologies, strategies, templates, tools, and proprietary processes developed by OIESU (OPC) PRIVATE LIMITED remain our exclusive intellectual property.
• Client Deliverables: Upon full payment, Client receives a license to use deliverables (websites, ads, content) for their business purposes only.
• Portfolio Rights: We reserve the right to showcase Client projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.
• Third-Party Assets: We are not responsible for intellectual property issues arising from Client-provided content or materials.

9. Service Termination & Cancellation

• By Client: Client may terminate services with 30 days written notice. All payments made are non-refundable, and Client remains liable for any outstanding fees.
• By Company: We reserve the right to terminate services immediately for non-payment, breach of terms, illegal activities, or abusive behavior without refund.
• Post-Termination: Upon termination, Client access to platforms and services will be revoked. We are not obligated to maintain or return any data after termination.
• Final Deliverables: Access to final deliverables is contingent upon full payment of all outstanding amounts.

10. Confidentiality & Data Protection

• Confidential Information: Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the business relationship.
• Data Security: We implement reasonable security measures to protect Client data, but cannot guarantee absolute security against all threats.
• Data Usage: We may use anonymized and aggregated data for analytics, research, and service improvement purposes.
• Third-Party Disclosure: We do not sell or rent Client data to third parties. We may share data with service providers necessary for service delivery.

11. Privacy Policy

This Privacy Policy describes how OIESU (OPC) PRIVATE LIMITED collects, uses, and protects information obtained through our services and website.

Information We Collect:

• Personal Information: Name, email address, phone number, business name, address, payment information
• Business Information: Industry, target audience, marketing objectives, business goals
• Technical Information: IP address, browser type, device information, cookies, usage data
• Communication Records: Emails, phone calls, WhatsApp messages, meeting notes

How We Use Information:

• Providing and improving our services
• Processing payments and maintaining accounts
• Communicating about services, updates, and offers
• Analyzing usage patterns and improving user experience
• Complying with legal obligations
• Marketing and promotional purposes (with consent)

Cookies & Tracking:

We use cookies and similar tracking technologies to enhance user experience, analyze website traffic, and deliver personalized content. By using our website, you consent to the use of cookies in accordance with this policy.

Data Retention:

We retain personal information for as long as necessary to fulfill service obligations, comply with legal requirements, resolve disputes, and enforce agreements. After termination, we may retain certain data for legal and business purposes.

Your Rights:

• Request access to your personal information
• Request correction of inaccurate data
• Request deletion of data (subject to legal obligations)
• Opt-out of marketing communications (business communications remain)

12. Indemnification

Client agrees to indemnify, defend, and hold harmless OIESU (OPC) PRIVATE LIMITED, its founder SUNNY GUHA, directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising from:

• Client's breach of these terms and conditions
• Client's violation of any law or regulation
• Client's infringement of intellectual property rights
• Client-provided content, products, or services
• Third-party claims arising from Client's use of our services

13. Disclaimer of Warranties

• We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or timeliness.
• We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or harmful components.
• We do not warrant specific outcomes, rankings, traffic volumes, lead quality, conversion rates, or return on investment.
• Any advice, recommendations, or information provided does not create a warranty not expressly stated in these terms.

14. Governing Law & Jurisdiction

• Indian Law: This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
• Exclusive Jurisdiction: Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal, India.
• International Clients: For international clients, this Agreement is governed by Indian law, and disputes shall be resolved in Indian courts.
• Arbitration: Before pursuing litigation, parties agree to attempt resolution through good faith negotiation. If unsuccessful, disputes may be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

15. Advertising Platform Compliance

• Platform Policies: Client acknowledges that advertising platforms (Google, Facebook, YouTube, Instagram, LinkedIn, Microsoft, etc.) have their own policies and terms that must be followed.
• Policy Violations: We are not responsible for ad disapprovals, account suspensions, or bans resulting from platform policy violations, even if content was approved by the Client.
• Restricted Industries: Certain industries (gambling, adult content, pharmaceuticals, financial services, etc.) face additional restrictions. Client must disclose if they operate in restricted industries.
• Platform Changes: Advertising platforms frequently change policies, features, and algorithms. We are not liable for negative impacts from such changes.

16. Modifications to Terms

• OIESU (OPC) PRIVATE LIMITED reserves the right to modify, amend, or update these Terms and Conditions, Privacy Policy, and related policies at any time without prior notice.
• Changes will be effective immediately upon posting on our website or communication to Client.
• Continued use of our services after modifications constitutes acceptance of the updated terms.
• It is Client's responsibility to regularly review these terms for updates.

17. Entire Agreement

This Agreement, along with any service agreements, proposals, and statements of work, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, agreements, and understandings, whether written or oral. No modification or waiver of any provision shall be valid unless in writing and signed by both parties.

18. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect.

19. Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

20. Assignment

Client may not assign, transfer, or delegate any rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to any successor entity or third party without Client consent.

21. Survival

Provisions relating to payment obligations, intellectual property rights, confidentiality, limitation of liability, indemnification, governing law, and dispute resolution shall survive termination or expiration of this Agreement.