Terms of Service

1. Definitions

• Company: Excelohunt Infotech Private Limited, incorporated in Chandigarh, India (CIN U72900CH2019PTC042440), registered office at First & Second Floor, Plot 191, Industrial Area Phase II, Chandigarh, 160002, trading as Excelohunt.
• Client: The individual or business entity purchasing Services from the Company.
• Services: Email marketing services including campaign strategy, design, copywriting, automation flow building, segmentation, deliverability optimisation, A/B testing, reporting, and related consulting.
• Order: The contract between Company and Client as set out in a counter-signed Quotation form.
• ESP: Email Service Provider — any third-party email marketing platform (e.g. Klaviyo, Mailchimp, ActiveCampaign) used to execute campaigns on the Client's behalf.
• Force Majeure Event: An event beyond the reasonable control of either party, including acts of God, pandemic, war, civil commotion, utility failure, or third-party service outages.

2. Scope of Terms

These Terms apply to all agreements between the Company and the Client. They may only be varied by express written agreement. A Quotation is valid for 14 Business Days from date of issue and does not constitute an offer until accepted by the Company in writing.

3. The Contract

The Order constitutes the Client's offer to purchase Services. The Contract comes into existence when the Company issues written acceptance or begins providing Services. The Contract constitutes the entire agreement between the parties.

4. Company Obligations

The Company warrants it will provide Services using reasonable care and skill in material conformance with the Specification. Performance dates are estimates only — time is not of the essence. The Company may use subcontractors while remaining responsible for service quality.

5. Email Marketing Service Terms

5.1 Campaign Execution

All campaign content will be submitted to the Client for approval before deployment unless otherwise agreed. The Company is not responsible for performance of campaigns the Client has approved. Monthly performance reports will be provided covering key metrics including open rates, click rates, and revenue attribution.

5.2 ESP Access

The Client shall provide necessary access to their ESP account. The Client remains responsible for maintaining their own ESP subscription and associated costs unless explicitly included in the Order.

5.3 Deliverability Disclaimer

The Company uses industry best practices for deliverability (SPF, DKIM, DMARC, list hygiene, engagement segmentation). However, specific deliverability rates, inbox placement, or email rendering cannot be guaranteed, as these are influenced by factors outside the Company's control including domain reputation, ISP filtering, and third-party ESP infrastructure.

5.4 Revenue & Performance Disclaimer

Any revenue projections or ROI estimates referenced in proposals are based on historical performance with similar clients and are indicative only. Actual results depend on product quality, pricing, website conversion, list quality, brand reputation, and market conditions — factors outside the Company's control. Where a specific ROI guarantee is offered, its terms will be explicitly documented in the Order.

5.5 Client Cooperation

Success depends on timely cooperation from the Client, including providing brand assets, offers, approvals, and platform access. Delays exceeding 5 Business Days may result in delayed campaigns. The Company shall not be responsible for missed promotional windows caused by Client delays.

6. Prices

All prices are stated in the currency specified in the Order (USD, GBP, AUD, EUR, or INR). Prices are exclusive of third-party licensing costs, stock imagery, fonts, and other licensed materials unless explicitly stated. The price may be a fixed monthly retainer, project-based fee, or hour-based estimate.

7. Payment

The Company invoices monthly in advance. Payment is due within 14 Business Days of invoice date. Non-payment entitles the Company to suspend work immediately.

Interest accrues on overdue amounts at 1.5% per month (or the maximum rate permitted by applicable law) from the due date until payment. An administrative fee of USD 10 per overdue reminder may apply.

If Services cannot be delivered due to Client failure to assist, the Company is entitled to charge the estimated amount that would have been due.

8. Delays & Complaints

Complaints regarding delays or non-conforming Services must be submitted in writing within 7 Business Days of the Client becoming aware of the matter. Failure to notify within this period constitutes acceptance of the Services.

If a project is placed on hold for more than 2 months, a hold fee of USD 250 per month applies from month 3 onward until the project resumes or is fully paid.

The Company is not liable for delays or failings caused by third-party service providers (ESPs, analytics platforms, domain registrars).

9. Liability

Except as expressly stated herein, the Company has no liability to the Client for any loss or damage arising from the provision of Services. The Company has no liability for:

• Indirect or consequential loss
• Loss of profits, anticipated savings, or business opportunity
• Loss of data
• Fraudulent clicks on Client accounts managed by the Company

The Company's total aggregate liability shall not exceed the total sum invoiced in the three (3) months immediately preceding the event giving rise to the claim.

10. Other Liability Limitations

The Company is not liable for: ESP outages, third-party software failures, changes made by the Client or third parties to domain settings, DNS, websites, or ESP configurations without notice, changes to ESP algorithms or deliverability policies, or failure to meet specific performance metrics (except where guaranteed in writing in the Order).

11. Intellectual Property Rights

The Client is responsible for ensuring they have the right to use any materials provided to the Company. The Client grants an irrevocable licence to use such materials for the duration of the Contract.

Unless expressly stated otherwise in the Order, Intellectual Property Rights in materials created by the Company (email templates, designs, copywriting, automation architecture, campaign strategies) vest in the Company. The Client receives a non-exclusive licence to use such materials for the duration of the Contract and for their own email marketing purposes thereafter.

The Client licences the Company to reference the Client's name and logo in case studies and marketing materials while they are a Client and until the Client requests removal in writing (actioned within 14 Business Days).

12. Confidentiality & Data Protection

Each party shall keep confidential all Confidential Information disclosed by the other, restricting access to those who need it to fulfil obligations under the Contract. This obligation survives termination.

Each party agrees to comply with applicable Data Protection Laws. The Company's data processing practices are described in the Privacy Policy, which forms part of this Contract.

The Client shall indemnify the Company for any loss suffered as a result of Client-provided data being processed in contravention of applicable Data Protection Laws.

13. Term, Termination & Assignment

Unless otherwise specified, the Contract operates on a rolling monthly basis. Either party may terminate with at least 30 days' written notice, effective at the end of the current monthly billing period.

Either party may terminate immediately if the other commits a material breach and fails to remedy it within 30 days, or becomes insolvent.

The Company may terminate without notice if charges are not paid in accordance with these Terms.

Upon termination, each party shall return all materials received. The Client shall remove any tracking codes or pixels from their websites. The Company will provide reasonable assistance in transitioning to a new service provider, subject to payment of outstanding fees.

The Client may not assign their rights or obligations without the Company's prior written consent. The Company may assign or subcontract its obligations.

14. Force Majeure

Neither party shall be liable for a Force Majeure Event. The affected party shall promptly notify the other. Either party may terminate without liability if performance is impeded for more than 3 months due to a Force Majeure Event.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. In the event of a dispute, the parties shall first attempt amicable resolution through good-faith negotiation for at least 30 days. If unresolved, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, seated in Chandigarh, India. The courts of Chandigarh shall have exclusive jurisdiction over matters not subject to arbitration.

16. Miscellaneous

• The Company may modify or discontinue Services with or without notice, refunding prepaid sums for unrendered Services.
• The Company may provide Services to third parties including competitors of the Client.
• During the Contract and for 12 months after termination, the Client shall not directly employ or solicit any Company personnel without prior written consent.
• Failure to enforce any right does not constitute a waiver of that right.
• If any term is found illegal or unenforceable, remaining terms continue in full force.
• All notices must be in writing sent to: Excelohunt Infotech Private Limited, First & Second Floor, Plot 191, Industrial Area Phase II, Chandigarh, 160002, India, or to [email protected].