Terms of Service

Welcome to Gowigro (“Company”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your access to and use of our website, services, and any related engagements (collectively, the “Services”). By accessing our website or engaging our Services, you (“Client”, “you”) agree to be bound by these Terms. If you do not agree, please do not use our Services.

These Terms apply to all digital marketing services provided by Gowigro, including but not limited to search engine optimization (SEO), pay-per-click advertising (PPC), social media management, content marketing, email marketing, conversion rate optimization, and any other services outlined in a signed proposal or agreement.

The specific services to be provided by Gowigro shall be detailed in a separate written proposal, statement of work (SOW), or service agreement (collectively, “Agreement”) signed by both parties. In the event of any conflict between these Terms and the Agreement, the terms of the Agreement shall prevail. Gowigro reserves the right to subcontract or assign any portion of the Services to qualified third parties without prior notice.

All Services are performed on a best-effort basis. While we strive to achieve measurable improvements in your digital presence, we do not guarantee specific results, rankings, traffic volumes, or conversion rates, as these are influenced by factors beyond our control.

To enable the successful delivery of Services, Client agrees to:

• Provide timely access to required accounts, platforms, and materials, including website administration, analytics, advertising accounts, and any relevant credentials.
• Designate a single point of contact to facilitate communication and approvals.
• Provide all necessary content, images, and other materials as reasonably requested.
• Review and approve deliverables within the agreed timelines; delays may impact project schedules.
• Ensure that all information provided is accurate, lawful, and does not infringe on third-party rights.

All fees are set forth in the applicable Agreement and are typically based on a fixed project fee, retainer model, or performance-based compensation. Unless otherwise specified:

• Deposits & Retainers: A non-refundable deposit or first month’s retainer is required prior to commencement of work.
• Invoicing: Invoices are issued according to the schedule in the Agreement (e.g., monthly, upon milestones). Payment is due within seven (7) business days of the invoice date unless otherwise agreed.
• Late Payments: Overdue payments may incur a late fee of 1.5% per month or the maximum allowed by law. Gowigro reserves the right to suspend Services until all outstanding balances are paid in full.
• Third-Party Costs: Client is responsible for any third-party advertising spend (e.g., Google Ads, social media ads), software subscriptions, or other out-of-pocket expenses incurred on Client’s behalf, which will be invoiced separately or deducted from ad budgets.

Due to the nature of digital marketing services, all fees paid are non-refundable. No refunds or credits will be issued for partially performed Services, whether based on a fixed project or recurring retainer.

Either party may terminate the Agreement with written notice as specified in the Agreement. Upon termination, Client agrees to pay for all Services performed up to the date of termination, plus any non-cancelable third-party commitments. Any pre-paid but unearned fees may be refunded at Gowigro’s sole discretion.

All intellectual property created by Gowigro in connection with the Services, including but not limited to marketing strategies, ad creatives, copy, designs, and software (collectively, “Work Product”), shall remain the sole property of Gowigro until full payment of all fees is received. Upon full payment, Gowigro grants Client a non-exclusive, perpetual, worldwide license to use the Work Product for its internal business purposes.

Client retains ownership of all pre-existing intellectual property provided to Gowigro. Gowigro retains the right to display the Work Product in its portfolio, case studies, and marketing materials unless Client requests otherwise in writing.

Both parties agree to treat as confidential all non-public information disclosed during the engagement, including business strategies, financial data, client lists, and proprietary methodologies (“Confidential Information”). Neither party shall disclose Confidential Information to third parties without prior written consent, except as required by law or to employees and contractors with a need to know. This obligation survives termination of these Terms.

Gowigro processes personal data in accordance with its Privacy Policy. Client acknowledges that it is responsible for ensuring that any data provided to Gowigro complies with applicable data protection laws, including but not limited to GDPR, CCPA, and other relevant regulations. Gowigro will implement reasonable security measures to protect data but is not liable for unauthorized access beyond its control.

Gowigro warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Gowigro does not warrant that the Services will be uninterrupted, error-free, or achieve any specific results.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOWIGRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Gowigro’s total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total fees paid by Client to Gowigro during the twelve (12) months immediately preceding the event giving rise to the claim.

Client agrees to indemnify, defend, and hold harmless Gowigro and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Client’s breach of these Terms or any Agreement; (b) Client’s violation of applicable laws or third-party rights; (c) any content or materials provided by Client that infringe or misappropriate third-party rights.

These Terms and any Agreement may be terminated by either party upon thirty (30) days’ written notice, or immediately by Gowigro if Client fails to make any payment when due or breaches any material provision. Upon termination, all unpaid fees become immediately due, and each party shall return or destroy the other’s Confidential Information.

Neither party shall be liable for delays or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, strikes, or internet outages. In such an event, the affected party shall notify the other and use reasonable efforts to resume performance as soon as practicable.

These Terms and any disputes arising hereunder shall be governed by the laws of India, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, to be held in [City, State], India, in English, by a single arbitrator mutually agreed upon. Judgment on the award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information.

These Terms, together with any signed Agreement and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements. Gowigro reserves the right to update these Terms from time to time. Material changes will be communicated via email or a prominent notice on our website. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.