Terms of Service

Last Updated: January 25, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Wacmediya Global IT Services LLP ("Wacmediya," "we," "us," or "our"), a company registered in India.

By engaging our services, accessing our website, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Services

1.1 Scope of Services

Wacmediya provides CRM integration, marketing automation consulting, and related technical services including:

• CRM platform integrations (HubSpot, Salesforce, Marketo, GoHighLevel, and others)

• Custom workflow automation and API development

• Google Apps Script development and integrations

• Data migration and synchronization

• Technical consulting and implementation support

• WordPress development and customization

Specific services, deliverables, timelines, and pricing are defined in individual Statements of Work (SOW), proposals, or service agreements.

1.2 Service Delivery

• Services are provided remotely unless otherwise agreed

• We deliver services during Indian Standard Time (IST) business hours unless otherwise specified

• Communication occurs via email, video conferencing, and project management tools

• We will make commercially reasonable efforts to meet agreed timelines, but dates are estimates unless explicitly guaranteed in writing

1.3 What We Don't Provide

Our services do not include:

• Legal, financial, or compliance advice

• Ongoing managed services or 24/7 support unless specifically contracted

• Ownership or licensing of third-party CRM platforms

• Guarantees of specific business outcomes or ROI

• Data recovery services for data lost due to client error or third-party platform issues

1.4 Data Processing for EU/UK Clients

When we process personal data on your behalf (as defined under GDPR), we act as a data processor and you act as the data controller. For EU/UK clients, we will enter into a separate Data Processing Addendum (DPA) that includes Standard Contractual Clauses as required by GDPR. Please request our standard DPA at [email protected].

1.5 Sub-Contractors

We may engage qualified sub-contractors or third-party specialists to assist in delivering services. All sub-contractors are bound by confidentiality obligations equivalent to those in these Terms. We remain fully responsible for their work.

2. Client Responsibilities

2.1 Access and Cooperation

You agree to:

• Provide timely access to necessary systems, credentials, and documentation

• Designate an authorized representative for project decisions

• Respond to our requests for information within reasonable timeframes

• Review and approve deliverables within agreed timelines

• Maintain valid licenses for all third-party platforms we integrate with

2.2 Data and Backup Responsibility

• You are solely responsible for maintaining backups of your data

• We are not responsible for data loss resulting from client actions, third-party platform issues, or circumstances beyond our control

• You must ensure you have appropriate rights and permissions for data we process on your behalf

2.3 Compliance

• You are responsible for compliance with all applicable laws regarding your use of our services

• You represent that any data you provide or we access does not violate third-party rights

• You will not use our services for illegal purposes or to violate any regulations

3. Fees and Payment

3.1 Pricing

• Fees are specified in individual SOWs, proposals, or invoices

• All fees are in USD or INR as specified

• Prices are exclusive of applicable taxes unless stated otherwise

3.2 Payment Terms

• Payment terms are typically Net 15 or Net 30 from invoice date unless otherwise agreed

• We accept payment via bank transfer, credit card, or other agreed methods

• Late payments may incur interest at 1.5% per month or the maximum allowed by law, whichever is lower

3.2.1 Acceptance of Deliverables

Upon completion of deliverables, you have 5 business days to review and provide feedback. If no objections are raised within this period, deliverables are deemed accepted. Objections must be specific and reasonable. We will address valid concerns promptly. Acceptance triggers payment for that milestone.

3.3 Deposits and Milestones

• We may require an upfront deposit (typically 30-50%) before commencing work

• For projects over $5,000, payment may be structured in milestones

• Work may be paused if payment milestones are not met

3.4 Expenses

• Out-of-pocket expenses (third-party software, paid APIs, etc.) will be billed separately with prior approval

• Subscription costs for third-party services remain your responsibility

3.5 Refunds

• Deposits are non-refundable once work has commenced

• Refunds for completed work are not provided

• In case of contract termination, you pay for work completed to date

4. Intellectual Property

4.1 Client Data and Materials

• You retain all rights to your data, content, and pre-existing materials

• You grant us a limited license to use your data solely to deliver services

• We will not use your confidential information for any other purpose

4.2 Custom Deliverables

• Custom code, scripts, integrations, and configurations we develop specifically for you become your property upon full payment

• You receive source code and documentation for custom work

• We may retain copies for support purposes and reference

4.3 Our Intellectual Property

• We retain ownership of our methodologies, tools, templates, and pre-existing IP

• Any reusable components, libraries, or frameworks we create remain our property

• You receive a non-exclusive license to use these as part of your deliverables

4.4 Third-Party Platforms

• CRM platforms, plugins, and third-party tools remain the property of their respective owners

• Your use is governed by their license agreements

• We do not transfer or grant licenses to third-party software

4.5 Portfolio Rights

• We may use your project as a case study or portfolio piece only with your prior written consent

• You may revoke portfolio rights at any time by written notice

5. Confidentiality

5.1 Mutual Obligations

Both parties agree to:

• Protect confidential information disclosed during the engagement

• Use confidential information only for purposes of the services

• Not disclose confidential information to third parties without consent

• Return or destroy confidential information upon request after project completion

5.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party

• Was already known to the receiving party

• Is independently developed

• Must be disclosed by law or court order

5.3 Data Security

We implement reasonable security measures as outlined in our Privacy Policy, but cannot guarantee absolute security against unauthorized access.

6. Warranties and Disclaimers

6.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner

• Custom deliverables will be free from defects in workmanship for 30 days after delivery

• We have the right and authority to provide the services

• Our work will not knowingly infringe third-party intellectual property rights

After the 60-day warranty period, bug fixes or modifications constitute new work and may be billed separately. This does not apply to defects caused by your modifications or third-party platform changes.

6.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose

• That services will be uninterrupted, error-free, or secure

• That integrations will work flawlessly with third-party platforms

• Specific business results, ROI, or performance improvements

6.3 Third-Party Platforms

• We are not responsible for changes, downtime, or issues with third-party platforms (HubSpot, Salesforce, etc.)

• API changes or platform updates may require additional work at additional cost

• Platform availability and performance are beyond our control

7. Limitation of Liability

7.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.

7.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, or business opportunities

• Cost of substitute services

• Claims arising from your misuse of services or deliverables

• Issues caused by third-party platforms, services, or your own systems

7.3 Exceptions

Nothing in these Terms limits liability for:

• Fraud or willful misconduct

• Death or personal injury caused by negligence

• Matters that cannot be limited by applicable law

7.4 Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of our services or deliverables

• Your violation of these Terms or applicable laws

• Your infringement of third-party rights

• Data you provide or systems you grant us access to

8. Term and Termination

8.1 Term

These Terms remain in effect for the duration of our service relationship.

8.2 Termination for Convenience

Either party may terminate a service engagement with 30 days' written notice. You remain obligated to pay for:

• All work completed to date

• Committed costs or expenses incurred

• Any non-refundable deposits

8.3 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 15 days of written notice

• Becomes insolvent or files for bankruptcy

• Engages in fraud or illegal activity

8.4 Effect of Termination

Upon termination:

• You must pay all outstanding invoices immediately

• We will deliver completed work and transition materials

• Confidentiality obligations survive termination

• Licenses to our IP terminate (except for delivered custom work you've paid for)

• We will securely delete or return your confidential data as requested

9. Changes to Services and Terms

9.1 Service Changes

• We reserve the right to modify, suspend, or discontinue services with reasonable notice

• We are not liable for any modification or discontinuation

• Active projects will be completed under existing terms or transitioned appropriately

9.2 Terms Updates

• We may update these Terms periodically

• Material changes will be communicated to active clients via email

• Continued use of services after changes constitutes acceptance

• Previous versions are available upon request

10. Dispute Resolution

10.1 Good Faith Negotiation

Both parties agree to attempt to resolve disputes through good faith negotiation for 30 days before pursuing formal action.

10.2 Governing Law

• For Contracts Under $10,000 USD: These Terms are governed by the laws of India (Maharashtra). Disputes shall be subject to the jurisdiction of courts in Pune, India.

• For Contracts $10,000 USD and Above: These Terms are governed by the laws of India, but any disputes that cannot be resolved through good faith negotiation shall be resolved through binding arbitration under the rules of the Singapore International Arbitration Centre (SIAC), conducted in English. The arbitration venue shall be Singapore. Each party bears its own costs unless the arbitrator decides otherwise.

• Alternative Jurisdiction: For contracts over $25,000 USD, jurisdiction and governing law may be negotiated and specified in the individual Statement of Work or Service Agreement.

10.3 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of courts in Pune, Maharashtra, India.

10.4 International Clients

For clients based outside India:

• These Terms remain governed by Indian law

• You agree to the jurisdiction of Indian courts

• Disputes may be resolved via international arbitration if mutually agreed

• Any arbitration shall be conducted in English

11. General Provisions

11.1 Entire Agreement

These Terms, together with any SOW, proposal, or service agreement, constitute the entire agreement between parties and supersede all prior agreements or understandings.

11.2 Amendments

Amendments must be in writing and signed by both parties (except for general Terms updates as outlined in Section 9.2).

11.3 Assignment

You may not assign these Terms without our prior written consent. We may assign to affiliates or in connection with a merger or acquisition.

11.4 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, pandemics, government actions, etc.).

11.5 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

11.6 Waiver

Failure to enforce any right does not constitute a waiver of that right.

11.7 Independent Contractors

We are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

11.8 Notices

Notices must be in writing and sent to:

• For Wacmediya: [email protected]

• For Client: The email address on file

Notices are deemed received when delivered via email.

11.9 Survival

Sections 4 (Intellectual Property), 5 (Confidentiality), 6 (Warranties and Disclaimers), 7 (Limitation of Liability), and 10 (Dispute Resolution) survive termination.

12. Acceptance

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Questions about these Terms? Contact us at [email protected]

Wacmediya Global IT Services LLP
Pune, Maharashtra, India
Email: [email protected]