Terms & Conditions

1. Acceptance of terms

These Terms & Conditions (“Terms”) govern your use of this website and the services provided by Xternal Media (“Xternal Media”, “we”, “us” or “our”). In these Terms, “Client” or “you” means the person or business that uses our website or engages our services.

By using this website, accepting a proposal, signing an agreement or making a payment to us, you agree to these Terms. If you are accepting on behalf of a business, you confirm that you are authorised to bind that business.

Where a written proposal, quotation, statement of work or service agreement (together, a “Proposal”) has been agreed with you, it forms part of these Terms. If there is a conflict, the Proposal prevails for that engagement.

2. Nature of our services

Xternal Media is a digital marketing agency. We provide professional services to businesses, including:

• Meta (Facebook and Instagram) advertising management;
• Google Ads management;
• performance marketing and e-commerce marketing;
• Shopify store development and customisation;
• conversion rate optimisation; and
• creative and advertising strategy, including ad creatives and copy.

All our services are delivered digitally. We do not sell or ship physical goods. How services are delivered is described in our Service Delivery Policy.

3. Service scope

The scope of each engagement — including the services, deliverables, channels, number of campaigns or creatives, timelines, reporting, fees and billing cycle — is set out in the Proposal. We are only obliged to provide what the Proposal describes.

Requests outside the agreed scope, or changes after work has started, may require a revised Proposal, additional fees and revised timelines. We will confirm these with you in writing before carrying out the additional work.

4. Client responsibilities

To allow us to deliver the services, you agree to:

• provide accurate, complete and timely information, approvals and feedback;
• give us the access we reasonably need to your ad accounts, business managers, analytics, website or store, and keep that access active during the engagement;
• maintain a valid payment method on your advertising accounts and fund your advertising budgets on time;
• ensure your products, services, offers, claims, website and business comply with applicable laws and with the policies of each advertising platform used;
• hold all licences, registrations and approvals your business requires; and
• review and approve ad creatives, copy and pages before they go live where approval is requested.

You are responsible for the accuracy of the information, claims and offers you provide or approve for use in advertising.

5. Payments and invoices

• Fees are set out in the Proposal and are payable in Indian Rupees (INR). GST and other applicable taxes are charged in addition, as shown on the invoice.
• Unless the Proposal says otherwise, monthly retainer fees are payable in advance at the start of each billing cycle, and project fees are payable according to the milestones in the Proposal.
• Invoices are payable by the due date shown on them, using the payment methods we make available, which may include an online payment gateway or bank transfer.
• If payment is not received when due, we may pause the services until the outstanding amount is paid. Timelines will be extended accordingly.
• Our fees do not include advertising spend or third-party costs (see Third-party platforms and costs), unless the Proposal expressly says so.

6. Service commencement

Services begin after (a) you have accepted the Proposal, (b) the applicable advance or first payment has been received, and (c) we have received the information and access needed to start. Onboarding is described in our Service Delivery Policy.

7. Project timelines

Timelines in a Proposal are good-faith estimates based on the agreed scope and on receiving inputs from you on time. We will keep you informed of progress and let you know promptly if we expect a delay.

8. Delays caused by the client

We are not responsible for delays caused by late or incomplete information, content, access, approvals, feedback or payments from you. In such cases, timelines will be extended by a reasonable period.

Retainer fees for a billing cycle remain payable where work could not be carried out because of delays on your side. If a project is on hold for an extended period because of such delays, we may reschedule it based on our team's availability.

9. Third-party platforms and costs

Our services rely on third-party platforms and tools, including Meta, Google, Shopify, app developers, theme providers, hosting and domain providers. Your use of these platforms is subject to their own terms and policies, which you agree to comply with.

• Ad spend is paid directly by you to the advertising platform from your own ad account, unless agreed otherwise in writing. It is not part of our fees.
• Third-party costs, such as Shopify plans, paid themes, apps, domains, stock media, software subscriptions and similar items, are paid by you or reimbursed to us if we purchase them on your behalf with your approval.

Xternal Media is an independent agency. We are not affiliated with, endorsed by or acting on behalf of Meta, Google, Shopify or any other platform. Platform names are trademarks of their respective owners.

10. Advertising platform dependency

Advertising platforms control their own systems. They may, at their sole discretion, review, reject or limit ads; restrict, disable or suspend ad accounts, pages or business managers; change algorithms, policies, features, pricing or reporting; or experience outages.

These actions are outside our control. We will follow platform policies, help you respond to reviews or appeals where possible, and adjust our approach as platforms change, but we cannot guarantee any particular outcome from a platform and are not responsible for losses arising from a platform's decisions or systems.

11. No guaranteed advertising results

Marketing results depend on many factors outside our control, including your product, pricing, offer, stock, website, competition, seasonality, market conditions, budgets and platform behaviour.

We commit to providing our services with reasonable skill, care and diligence. However, we do not guarantee any specific outcome, such as a particular number of sales, leads, clicks or followers, revenue, return on ad spend (ROAS), cost per result, ranking or growth rate. Any projections, estimates or benchmarks we share are for planning only and are not promises.

12. Intellectual property

• Once the fees for the relevant work have been paid in full, ownership of the final deliverables created specifically for you — such as final ad creatives, ad copy and custom store designs — transfers to you, except for the items below.
• We retain ownership of our pre-existing materials, templates, frameworks, methods, know-how and tools. Where these are included in a deliverable, you receive a non-exclusive licence to use them as part of that deliverable.
• Third-party items such as Shopify themes, apps, fonts, stock images, music and software are licensed under their providers' terms and are not owned by either of us.
• Ad accounts, pixels, analytics properties, stores and the data in them belong to you.
• Unless you ask us in writing not to, we may mention that you are a client and describe the work in general terms in our credentials, without disclosing confidential information.

13. Client-provided materials

You confirm that you own or have the right to use all logos, images, videos, product information, text, customer data and other materials you provide to us, and you grant us a licence to use them for the purpose of delivering the services. You are responsible for any claim that such materials infringe someone else's rights or breach any law, and you agree to indemnify us against losses arising from such claims.

14. Confidentiality

Each party will keep confidential any non-public information received from the other — including business plans, performance data, pricing, customer information and account access — and will use it only for the purposes of the engagement. This does not apply to information that is already public, was lawfully known beforehand, or must be disclosed by law. These obligations continue after the engagement ends. Personal information is also handled under our Privacy Policy.

15. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill or data;
• we are not liable for losses caused by advertising platforms, third-party tools, account restrictions, ad disapprovals, platform outages, or by information, materials or instructions provided by you; and
• our total liability for any claim relating to an engagement is limited to the fees actually paid by you to Xternal Media for the specific service giving rise to the claim during the billing cycle or project in which the claim arose.

Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Termination

Either party may end an ongoing engagement by giving written notice as set out in our Refund & Cancellation Policy or in the Proposal.

We may suspend or end services immediately by written notice if you fail to pay amounts due, materially breach these Terms, ask us to run advertising that is unlawful or breaches platform policies, or act abusively towards our team.

On termination, you must pay for all services provided and costs incurred up to the effective date of termination. We will hand over completed deliverables that have been paid for, and both parties will remove any account access that is no longer needed.

17. Refunds

Refunds are handled in accordance with our Refund & Cancellation Policy, which forms part of these Terms.

18. Use of this website

The content on this website is provided for general information about our services and may be updated without notice. You may not misuse the website, attempt to gain unauthorised access to it, submit false or misleading information through its forms, or copy its content for commercial purposes without our permission.

19. Dispute resolution

If a dispute arises, please contact us first using the details below. Both parties will try in good faith to resolve it through discussion. If the dispute is not resolved through discussion, either party may pursue the remedies available under the governing law and jurisdiction section.

20. Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to the dispute resolution process above, the courts at New Delhi, India, will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or our services.

21. Changes to these terms

We may update these Terms from time to time. The updated version will be published on this page with a revised effective date. Changes will not affect a Proposal that has already been accepted, unless both parties agree in writing.

22. Contact information

For questions about these Terms, contact us at: