Terms & Conditions

About ScaleUp

ScaleUp ("we," "us," "our") is a performance marketing agency based in Gwalior, Madhya Pradesh, India, operating through thescaleup.in.

These Terms & Conditions govern the relationship between ScaleUp and any individual or business ("Client," "you") that engages our services, visits our website, or enters into a service agreement with us. By proceeding with our services, you confirm that you have read, understood, and agreed to these terms.

Services We Provide

ScaleUp offers the following digital marketing services:

• Meta Ads Management (Facebook & Instagram)
• Google Ads Management (Search, Display, YouTube, Shopping)
• Performance Campaign Strategy & Planning
• Ad Creative Briefs & Direction
• Campaign Reporting & Analytics
• Landing Page Consultation & Optimization Advice
• Social Media Marketing Strategy

The exact scope of services for each client will be defined in a separate Service Agreement or Proposal signed between both parties. In case of any conflict, the signed agreement takes precedence over these general terms.

Client Responsibilities

For ScaleUp to effectively deliver services, the Client agrees to:

• Provide accurate and complete business information, brand assets, and ad account access in a timely manner
• Respond to communications within 48 hours on business days
• Ensure that all products, services, and claims in advertisements comply with applicable laws and platform policies
• Not engage in any deceptive, fraudulent, or illegal business practices
• Maintain sufficient ad budget in their ad accounts as agreed
• Provide feedback on creatives and strategy within the agreed timelines
• Not make unauthorized changes to live campaigns without prior discussion

ScaleUp is not responsible for delays, poor results, or campaign issues caused by the Client's failure to fulfill these responsibilities.

Payment Terms

The following payment terms apply to all ScaleUp engagements:

• Advance Payment: New clients are required to pay 50% of the first month's fee before work begins
• Monthly Invoicing: Invoices are raised between the 1st and 3rd of each month for that month's retainer
• Payment Due: All invoices are due within 7 days (Net 7) of the invoice date
• Late Payment: A reminder will be sent after 7 days. Campaigns may be paused if payment is not received within 15 days
• GST: All fees are exclusive of GST. 18% GST will be added to all invoices as applicable under Indian law
• Currency: Indian clients are invoiced in INR. International clients may be invoiced in USD or INR as mutually agreed

Refund Policy

ScaleUp operates on a services-rendered basis. Our refund policy is as follows:

• Setup & Onboarding Fees: Non-refundable once onboarding has commenced
• Monthly Retainer: If the Client terminates within the first 15 days of a billing cycle and no significant work has been delivered, a 50% pro-rata refund may be considered at ScaleUp's discretion
• After 15 Days: No refund is applicable for the current month's retainer if work has been actively delivered
• Ad Spend: ScaleUp has no control over ad spend once deployed. Refunds on ad budgets are governed by Meta's and Google's own refund policies

Intellectual Property

Client's IP: All brand assets, logos, product images, and content provided by the Client remain the sole property of the Client. ScaleUp will use these only for the purpose of delivering agreed services.

ScaleUp's IP: All strategies, frameworks, processes, reports, templates, and methodologies developed by ScaleUp remain the intellectual property of ScaleUp, even if customized for the Client.

Ad Creatives: Ad creatives produced by ScaleUp specifically for a Client's campaign are owned by the Client upon full payment. ScaleUp retains the right to showcase anonymized campaign results as case studies in its portfolio, unless the Client requests otherwise in writing.

Confidentiality & NDA

Both parties agree to maintain strict confidentiality regarding each other's business information, strategies, pricing, client data, and any proprietary information shared during the engagement.

• ScaleUp will not disclose your business data, revenue figures, or campaign results to any third party without your written consent
• The Client agrees not to share ScaleUp's internal strategies, pricing structures, or proprietary processes with competitors or third parties
• A formal NDA may be signed separately upon Client's request
• Confidentiality obligations survive the termination of the engagement for a period of 2 years

Results Disclaimer

Performance marketing results depend on multiple factors including but not limited to ad platform algorithms, market conditions, product quality, pricing, website performance, and audience behavior.

We commit to applying our best expertise, staying updated on platform changes, and optimizing campaigns diligently. However, past results from other clients or campaigns do not guarantee similar outcomes for your business.

Any projections or estimates provided during the sales process are illustrative only and not contractual commitments.

Termination of Services

By the Client: The Client may terminate services by providing 30 days written notice via email. Any outstanding invoices must be settled before account access is returned and campaigns are handed over.

By ScaleUp: ScaleUp reserves the right to terminate services immediately in cases of:

• Non-payment beyond 15 days of due date
• Breach of these Terms & Conditions
• Fraudulent, illegal, or unethical business practices by the Client
• Abusive behavior toward ScaleUp team members
• Violation of platform advertising policies

Post-Termination: Upon termination, ScaleUp will provide campaign data and access credentials to the Client within 7 business days, provided all dues are cleared.

Limitation of Liability

To the maximum extent permitted by applicable law, ScaleUp's total liability to the Client for any claim arising from our services shall not exceed the total fees paid by the Client in the 3 months preceding the claim.

ScaleUp shall not be liable for:

• Indirect, incidental, or consequential damages including loss of profits or revenue
• Ad account suspensions or bans by Meta, Google, or any other platform
• Results impacted by Client's failure to fulfill their responsibilities
• Losses arising from third-party tools, platforms, or services
• Force majeure events including platform outages, algorithm changes, or economic conditions

Governing Law & Disputes

These Terms & Conditions are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Gwalior, Madhya Pradesh, India.

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of the dispute arising. If unresolved, the matter may be referred to arbitration under the Arbitration and Conciliation Act, 1996 (India).

For international clients, disputes shall be resolved under Indian law unless a separate jurisdiction is agreed upon in writing in the signed service agreement.

Contact Us

For any questions regarding these Terms & Conditions, please reach out to us directly:

ScaleUp reserves the right to update these Terms & Conditions at any time. Continued use of our services after any changes constitutes acceptance of the revised terms.