Pebblejar Terms of Service

Introduction

Welcome to Pebblejar Labs OPC Private Limited! By accessing our website or engaging our digital marketing services (“Services”), you agree to be bound by these Terms of Service (“Terms”). These Terms outline the rights and responsibilities of Pebblejar (“we”, “us”, or “our”) and you as our client or site user (“you” or “Client”). If you do not agree with any part of these Terms, you should refrain from using our Services. These Terms reflect the nature of our customized digital marketing solutions and are designed to set clear expectations regarding service scope, timelines, deliverables, communication, and legal protections.

Scope of Services

Pebblejar provides customized digital marketing services tailored to each client’s needs. Our Services may include, but are not limited to, search engine optimization (SEO), social media marketing, content creation, online advertising campaign management, email marketing, and analytics reporting. The specific scope, deliverables, and timeline for Services will be defined in a separate proposal or agreement with each client (the “Service Agreement”), or in written communications confirming the project details. We commit to using our expertise and best efforts to achieve the marketing objectives agreed upon. However, you acknowledge that digital marketing outcomes can depend on numerous external factors, and while we strive to deliver quality work, specific results (such as particular sales figures, search engine rankings, or audience growth metrics) cannot be guaranteed.

Service Timelines and Deliverables

We will work closely with you to establish project timelines and deliverable milestones. All timelines are estimates and depend on timely cooperation and input from you. We will communicate project progress regularly and deliver reports or work products as agreed (e.g., weekly reports, monthly analytics, campaign performance data). If delays occur due to factors within our control, we will inform you and adjust the schedule accordingly. If delays result from your side (such as late provision of content, approvals, or feedback), we may adjust deadlines and will not be responsible for such schedule changes. Our commitment is to deliver the agreed-upon Services in a professional and timely manner, and any significant changes to scope or schedule will be discussed and documented with you.

Client Responsibilities

For our partnership to be successful, you agree to fulfill the following responsibilities:

Timely Information and Approvals: Provide all content, branding assets, credentials (e.g. website or social media access), and information needed for the Services in a timely manner. You will review our deliverables (such as draft content or campaign plans) and provide feedback or approvals within any agreed review periods so as not to delay the project.
Accuracy of Materials: Ensure that all materials and information you provide (text, images, videos, trademarks, etc.) are accurate, lawful, and that you have the right to use and permit us to use them. You will not provide any content that infringes on the intellectual property or privacy rights of others.
Communication: Designate a representative or point of contact who will communicate with Pebblejar regarding project matters. This includes responding to emails or calls, participating in meetings as needed, and promptly raising any concerns or questions. Clear and open communication helps us meet your expectations for customized solutions.
Payment Obligations: Pay for our Services per the agreed schedule and terms (see Fees and Payment below). Prompt payment ensures we can continue to provide services on schedule. Non-payment or repeated late payment may result in suspension of Services or termination of the contract.
Use of Deliverables: Use the marketing deliverables and reports we provide for lawful purposes consistent with the agreed scope. If your use of our deliverables (for example, publishing content or running ads) requires compliance with any platform’s terms (such as Google Ads policies or social media platform rules), you are responsible for following those rules. We can provide guidance but compliance ultimately rests with you as the account owner.

By meeting these responsibilities, you enable us to deliver effective digital marketing outcomes. Failure to meet your obligations (such as lack of communication or delayed payments) may impact our ability to fulfill the Services and could constitute a breach of these Terms.

Communication and Collaboration

Effective communication is vital in digital marketing projects. We will maintain regular contact with you through email, phone/video calls, and/or project management tools as appropriate. You can expect updates on campaign progress, performance metrics, upcoming tasks, and any issues encountered. Likewise, we expect you to be available for periodic check-ins or feedback sessions, and to inform us promptly of any changes on your end (such as changes in your products, pricing, or branding that could affect marketing campaigns). All formal requests for changes in scope or important decisions should be confirmed in writing (email is acceptable). We strive to respond to client inquiries or communications within 1-2 business days. In turn, we ask that you also respond to our queries and requests in a timely manner so that project momentum is maintained. Clear communication channels and response expectations help ensure that deliverables meet your requirements and that any issues are addressed quickly.

Fees and Payment Terms

Our fees for Services will be outlined in your Service Agreement or proposal. Payments are typically structured as either: (a) monthly retainers (a fixed fee paid monthly for ongoing services), (b) project-based fees (fixed price or milestone payments for one-time projects), or (c) hourly fees (billed according to time spent, if agreed). The currency, amount, and due dates for payments will be specified in writing. Unless otherwise agreed, the following standard terms apply:

Invoicing: We will invoice you according to the schedule (e.g. monthly or per milestone). Invoices will detail the services provided and the amount due.
Payment Due Date: Payment is due upon receipt of invoice (or within a specified number of days, as noted on the invoice, e.g. Net 15 days). We reserve the right to pause work if an invoice is more than a reasonable number of days overdue (e.g. more than 15 days past due) until payment is received.
Payment Method: We accept electronic payments via our secure payment processor (including Stripe) or bank transfers. Credit/debit card information you provide for payment is processed by third-party payment providers and not stored by us (see our Privacy Policy regarding handling of payment data).
Late Payments: If payment is not received by the due date, we may charge a late fee or interest as permitted by law (for example, a 1.5% monthly interest on overdue balances) to cover financing costs. We will notify you before applying any such charges. Continued non-payment may result in termination of Services for breach of these Terms.
Taxes: All fees are exclusive of any applicable taxes (such as GST/VAT). You are responsible for any taxes or government charges applicable to the Services (except taxes on our income). If withholding of any tax is required by law, you will notify us and cooperate to provide proper documentation so we can avoid double taxation, and you will gross-up payments if necessary so that we receive the full agreed amount.

All sales and payments are subject to our separate Cancellation & Refund Policy, which outlines situations where refunds may or may not be provided. Generally, fees for services already rendered are non-refundable. By making a payment to Pebblejar, you acknowledge and agree to these payment terms.

Intellectual Property Rights

Client Materials:

As a client, you retain ownership of all intellectual property rights in any materials or information you provide to us for the project (“Client Materials”), such as your logos, graphics, trademarks, slogans, product images, or pre-existing content. You grant Pebblejar a limited, non-exclusive license to use, reproduce, modify, and distribute your Client Materials solely for the purpose of providing the agreed Services. For example, you authorize us to use your logo and branding in creating social media posts or online advertisements as part of your marketing campaign. You represent and warrant that you have all necessary rights in the Client Materials to permit our use for these purposes, and that our use will not infringe or violate any third-party rights.

Deliverables:

Intellectual property rights in the final deliverables we create specifically for you under our Services (“Deliverables”) will be transferred to you upon full payment of all fees due for that Deliverable. This means that, once paid for, you will own the copyrights or other IP rights in marketing content we produce for you (for example, custom-written text, graphic designs, campaign strategies, or reports created for your project), unless otherwise specified in the Service Agreement. We agree to execute or provide any documents reasonably necessary to effectuate or record the transfer of such rights to you. Please note that until full payment is received, Pebblejar retains ownership of the Deliverables; if you terminate the project early or fail to pay for work performed, we may withhold rights to use the work or deliver partial work product until payment issues are resolved.

Pebblejar Pre-existing IP and Tools:

Pebblejar retains all rights to pre-existing materials, know-how, and tools that we use to perform the Services. This includes, for example, our proprietary marketing strategies, templates, algorithms, software, or any content we created prior to our engagement with you or outside the scope of the project. If any Pebblejar-owned materials or third-party licensed materials are incorporated into the Deliverables, we will either ensure you have a license to use them or they will be noted and treated as Pebblejar’s intellectual property. We may also reuse generic skills, experience, or concepts learned during the project in our business, provided we do not disclose your confidential information. Nothing in these Terms will transfer ownership of Pebblejar’s trademarks or brand to you, nor vice versa, except that each party may refer to the other’s name and logo as reasonably necessary for the provision of Services (e.g., we may list your company as a client in our portfolio or website, and you may publicly reference that Pebblejar is your service provider, provided neither party disparages the other).

Portfolio Use:

You agree that Pebblejar may use non-confidential Deliverables or summaries of results from the project as part of our portfolio or case studies for marketing purposes. We will not reveal any of your confidential information (such as sensitive strategy details or unpublished future plans) without permission, but we reserve the right to showcase the work (e.g., a screenshot of a website we designed or mention of a successful campaign outcome) to illustrate our services to other prospective clients. If you object to certain Deliverables being used in this manner (for example, due to your own confidentiality concerns or policies), please inform us in writing, and we will discuss and respect reasonable restrictions.

Confidentiality

Both Pebblejar and the Client recognize that we may exchange confidential information during the course of our engagement. Confidential information includes any non-public business, technical, or financial information, marketing or strategic plans, client lists, login credentials, or any other information that by its nature or designation is confidential. Each party agrees to use the other’s confidential information only for purposes of fulfilling the project and not to disclose it to any third party without the other’s prior written consent. We implement reasonable security measures to protect your confidential information and personal data (see our Privacy Policy for details on data protection). Only authorized personnel will have access to your sensitive information on a need-to-know basis.

Confidential information does not include information that is or becomes publicly available without breach of these Terms, was already in the receiving party’s possession without obligation of confidentiality, is independently developed by the receiving party without use of the confidential information, or is rightfully obtained from a third party not under an obligation of confidentiality. If we are required by law or legal process to disclose your confidential information (e.g., a court subpoena), we will, if legally permissible, give you prompt notice to allow you to seek a protective order or other remedy.

This confidentiality clause remains in effect during the project and for a period of time after the conclusion of our Services (commonly one to two years, or as otherwise defined in a separate non-disclosure agreement). Breach of confidentiality could cause irreparable harm, so both parties agree that the injured party may seek equitable relief (such as an injunction) in addition to other remedies to enforce this clause.

Disclaimers and Limitation of Liability

No Warranty on Outcomes: While Pebblejar is committed to delivering high-quality services, we make no guarantee or warranty that the Services will achieve specific results for your business. Digital marketing by its nature is influenced by many external factors (search engine algorithms, market conditions, consumer behavior, platform policies, etc.), and we do not warrant any particular return on investment, increase in revenue, search ranking, or other performance outcome. All services and deliverables are provided on an “as is” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, we disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that any business or marketing decisions you make (including how you use our deliverables or the facts you choose to highlight in campaigns) are ultimately your responsibility. We encourage open communication and will do our best to advise you, but you assume full responsibility for results obtained from the implementation of our advice or deliverables.

Limitation of Liability: To the fullest extent allowed by law, Pebblejar’s liability for any claims arising out of or relating to the Services or these Terms is limited to the amount you paid us for the Services in the 3 months preceding the event giving rise to the claim. In no event will Pebblejar or its directors, employees, or agents be liable to you for any indirect, consequential, exemplary, special, or incidental damages, including any lost profits, lost data, loss of business opportunity, or reputational harm arising from or related to our Services or these Terms, even if we have been advised of the possibility of such damages. We are not liable for any claims arising from: (a) your misuse of the deliverables or services, (b) issues caused by third-party platforms or service providers (such as suspension of your advertising accounts by Google/Facebook, or downtime of web hosting services), or (c) any events outside our reasonable control (force majeure events such as natural disasters, internet outages, government actions, etc.).

Some jurisdictions do not allow certain limitations of liability or exclusion of damages. If any portion of these liability limitations is found to be unenforceable, our liability is limited to the greatest extent permitted by law.

Indemnification: You agree to indemnify and hold harmless Pebblejar, its affiliates, and its and their respective officers and employees, from any losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of any third-party claims due to or relating to: (i) materials or information you provided to us (e.g., if you provided unlicensed images or incorrect information that causes a dispute or legal claim), (ii) your use of the Services or Deliverables in violation of these Terms or applicable law, or (iii) your negligence or willful misconduct. We will promptly notify you of any such claim and cooperate in defense, and you will have the right to control the defense and settlement, provided it does not impose any obligation on us. This indemnity obligation will survive termination of the Services.

Termination

Either party may terminate the Services under the following conditions:

By Client (You): You may terminate our engagement for convenience (without cause) by providing written notice to us. We request at least 30 days’ notice for terminating ongoing monthly services so we can properly conclude work. For one-time projects, you may terminate on notice, but you will be responsible for payment for all work completed up to the termination date (and any non-cancellable expenses we have incurred on your behalf). Please refer to our Cancellation & Refund Policy for details on refunds or charges applicable upon cancellation. Generally, if you terminate early, we will invoice you for the pro-rated portion of work done or costs incurred, and any prepaid amount for work not yet performed may be refundable according to that policy.
By Pebblejar (Us): We may terminate or suspend Services if you materially breach these Terms or the Service Agreement, and such breach is not cured within a reasonable period after we provide notice (for example, failure to pay an overdue invoice within 7 days of a reminder, or continued lack of communication preventing progress). We may also terminate if circumstances beyond our control make it impossible to continue (e.g., if providing the service becomes unlawful due to a change in law). In the event we initiate termination, we will wherever feasible give you notice and a chance to resolve the issue. If we terminate for your breach or misconduct, you may not be entitled to any refund of fees already paid. If we terminate without cause (which would be unusual and only for extenuating reasons), we will refund any fees for services not yet delivered.
Effect of Termination: Upon termination, we will cease work and deliver any completed or in-progress deliverables that have been paid for (or for which payment is tendered). Any licenses or rights granted to you for work delivered continue in effect for paid deliverables. Any licenses you granted to us to use your materials also end, except as needed for us to wind down the project (or as permitted in our Portfolio Use clause, if applicable). Both parties will return or destroy any remaining confidential information of the other upon request (or as otherwise agreed, such as archival of work product for legal compliance). Termination shall not relieve you of the obligation to pay for services already rendered up to the date of termination. Clauses of these Terms which by their nature should survive (such as confidentiality, indemnification, limitation of liability, governing law, etc.) will remain in effect. We value professional relationships and will strive for a smooth transition or handover in the event of termination.

Governing Law

These Terms and any separate Service Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Specifically, since Pebblejar is an Indian business, the Indian Contract Act and applicable statutes govern this agreement. If you are an international client, you acknowledge that the Services are being provided from India and agree that Indian law will still apply to our relationship. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Dispute Resolution

We hope to build a relationship of trust and never have disputes. However, if any dispute, claim, or controversy arises out of or relating to these Terms or the Services, the parties agree to seek an amicable resolution by negotiation in good faith. You can contact us at any time to discuss issues, and we will do our best to resolve your concerns. If we cannot resolve a dispute through direct negotiation within a reasonable time, we (you and Pebblejar) agree to consider mediation as a next step, using a neutral third-party mediator in India, before pursuing formal legal action.

Should mediation fail or if either party chooses to bypass mediation (as mediation is voluntary), any unresolved dispute shall be subject to the exclusive jurisdiction of the courts of India. If legally required, we may specify a particular city or court (for example, the courts of [Client’s/Our City], India) for jurisdiction. You agree to submit to the personal and subject-matter jurisdiction of the appropriate courts in India for the purpose of litigating such disputes.

Alternatively, if both parties agree in writing, we may opt for binding arbitration of disputes (for example, under the rules of the Indian Arbitration and Conciliation Act, with an arbitrator mutually chosen). In the absence of such mutual agreement to arbitrate, the default forum will be the courts as stated above. Each side will bear its own attorneys’ fees and costs, unless a court or arbitrator awards fees to the prevailing party under applicable law or contract.

Please note that any claim against Pebblejar must be brought within a certain time frame as allowed by law or it is deemed waived – typically, this is within 1 year from the event giving rise to the claim, unless a longer period is required by law.

By agreeing to these Terms, both you and Pebblejar waive any right to a jury trial or class action in disputes, meaning any case will be heard on an individual basis (this is particularly relevant if you are based in a jurisdiction where such waivers are recognized). This dispute resolution section is intended to streamline any potential conflicts in a fair and efficient manner.

Changes to Terms

Pebblejar reserves the right to modify or update these Terms of Service from time to time. If we make material changes, we will notify clients by posting the updated Terms on our website (and/or by email notification for active clients). The “Last Updated” date at the top of this document will be revised accordingly. Changes will not retroactively affect agreements already in place without your consent; however, any new engagement or continued use of our website or Services after updated Terms are posted will constitute your acceptance of the changes. We encourage you to review our Terms periodically to stay informed of any updates. If you have an active Service Agreement and a change to these general Terms conflicts with that agreement, the Service Agreement will take precedence for that project.

Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

Pebblejar – Digital Marketing Services
Email: support@pebblejar.in
Address: Pebblejar HQ, Dharamshala, Himachal Pradesh, 176215, India]

By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for trusting Pebblejar with your digital marketing needs – we look forward to a successful collaboration!