Terms & Conditions

These Terms & Conditions are intended to set clear commercial expectations for working with Agency by Naman Kataria. They are written for business, professional, startup, and organization clients that use our website, contact forms, booking tools, proposals, invoices, deliverables, or services.

These terms are not legal advice to you. If your business operates in a regulated industry, serves consumers in multiple jurisdictions, collects sensitive information, makes medical, financial, legal, health, employment, or compliance claims, or needs market-specific policy language, you should obtain advice from qualified counsel before launch.

By accessing this website, submitting a form, booking a call, approving a proposal, signing a statement of work, paying an invoice, using a deliverable, or otherwise working with Agency by Naman Kataria, you agree to these Terms & Conditions, our Privacy Policy, our Refund Policy, and any written project documents that apply to your work. If a signed agreement, proposal, or statement of work conflicts with these website terms, the signed or written project document controls for that project only.

Our services are intended for businesses, founders, operators, professional service firms, ecommerce brands, startups, creators, and organizations in Canada, the United States, India, and other remote markets. If you use the website or approve work on behalf of a company, partnership, nonprofit, agency, or other organization, you confirm that you have authority to bind that organization and to provide approvals, materials, credentials, content, and payment.

Agency by Naman Kataria may provide website strategy, website design, website development, SEO services, local SEO, AI search optimization, GEO services, landing pages, conversion rate optimization, ecommerce website design, CMS implementation, content systems, mobile app development, progressive web apps, custom software, web apps, dashboards, AI automation, AI chatbots, CRM automation, marketing automation, analytics setup, booking systems, maintenance, speed optimization, consulting, and related digital services. The exact scope is only what is expressly listed in the applicable proposal, invoice, statement of work, contract, or written approval.

Project documents may include proposals, estimates, invoices, statements of work, email approvals, intake forms, shared project boards, milestone records, technical briefs, and signed agreements. These documents define the project scope, assumptions, timeline, fees, deliverables, revision rounds, support period, client responsibilities, and exclusions. General website copy, sales pages, case studies, examples, and exploratory calls do not create a binding obligation to deliver anything unless included in a written project document.

You are responsible for providing accurate business information, timely feedback, approvals, copy, images, brand assets, product information, access credentials, legal text, platform accounts, domain access, hosting access, analytics access, billing details, and other materials reasonably needed to perform the work.

You are responsible for confirming that all content, claims, testimonials, prices, offers, data, images, fonts, code, lists, customer information, and third-party materials you provide may lawfully be used. You are also responsible for reviewing deliverables before launch and confirming that they are accurate, lawful, and appropriate for your business and market.

Unless specifically agreed in writing, we do not provide legal, tax, accounting, medical, financial, insurance, employment, privacy-compliance, accessibility-compliance, securities, immigration, or regulatory advice. If your project involves healthcare, wellness claims, financial products, legal services, education, employment, children, biometric data, sensitive personal information, advertising restrictions, consumer protection, or industry-specific rules, you are responsible for obtaining qualified review before publication or use.

You are responsible for your own privacy notices, consent flows, cookie disclosures, customer communications, marketing permissions, data-processing instructions, records, and compliance obligations unless a written agreement expressly assigns a specific privacy task to us. If you provide customer, lead, patient, employee, subscriber, or user data to us, you confirm that you have the legal right, notices, consents, permissions, and instructions required for us to use that data for the project.

Fees, deposits, retainers, milestones, subscriptions, payment dates, taxes, and payment methods are listed in the applicable proposal, invoice, checkout, or agreement. Unless stated otherwise, deposits and retainers reserve production time and allow planning, strategy, research, account setup, communication, and administrative work to begin. Payments are due without setoff or deduction. Late, failed, reversed, or disputed payments may pause work, delay launch, restrict access to unpaid deliverables, or require payment of collection costs where permitted by law.

Unless a written document states otherwise, quoted fees do not include applicable taxes, duties, withholding, bank charges, currency conversion fees, processor fees, platform fees, or third-party costs. You are responsible for these amounts. Fees may be charged in CAD, USD, INR, or another currency shown on the invoice or agreement. Currency conversion differences and bank or processor charges are not controlled by us.

A project includes only the deliverables, pages, features, integrations, meetings, revisions, support, testing, migrations, copy, automations, SEO tasks, and technical work listed in writing. New requests, changed requirements, new stakeholders, extra revisions, additional integrations, urgent work, platform changes, migration issues, content changes, or work caused by third-party limitations may require a new estimate, revised timeline, and additional payment before we continue.

Timelines are estimates unless a written agreement expressly states otherwise. Delivery depends on timely payment, access, content, feedback, approvals, third-party responses, platform availability, and client decision-making. If you delay feedback, withhold access, change direction, miss approvals, pause the project, or fail to provide required materials, timelines may move and reserved production time may still be billable.

Revision rounds are limited to the scope and number stated in the relevant project document. A revision is a refinement of approved direction, not a new concept, new strategy, new page, new feature, new integration, or rebuild. Deliverables are considered accepted when you approve them, use them, publish them, fail to provide specific feedback within a reasonable time, or otherwise indicate completion. Launch may require final payment, final content, technical access, DNS changes, platform approvals, and third-party readiness.

Maintenance, SEO, automation, hosting support, analytics, retainers, and ongoing services are provided only if included in a written agreement or active subscription. Unless agreed otherwise, ongoing services do not include unlimited revisions, emergency response, new features, major redesigns, third-party outages, malware cleanup, hacked account recovery, legal review, content production, app marketplace appeals, or platform migrations.

Projects may rely on third-party services such as domain registrars, hosting providers, CMS platforms, Sanity, Shopify, Webflow, WordPress, Vercel, Firebase, analytics tools, booking tools, CRMs, email providers, payment processors, AI providers, automation platforms, plugins, APIs, app marketplaces, stock libraries, and SaaS tools. You are responsible for third-party accounts, fees, terms, policies, data practices, outages, rate limits, approvals, restrictions, and changes. We are not responsible for losses caused by third-party systems outside our control.

AI and automation work may involve prompts, models, APIs, workflows, CRM routing, data enrichment, summaries, chatbots, voice agents, email automation, reporting, or internal tools. AI outputs can be incomplete, inaccurate, biased, delayed, unavailable, or unsuitable without human review. You are responsible for reviewing and approving AI outputs before customer-facing, legal, financial, medical, compliance, hiring, pricing, or other sensitive use unless a written agreement states a different review process.

We work to improve technical quality, strategy, usability, performance, search visibility, content structure, conversion paths, analytics, and automation. We do not guarantee rankings, indexing, traffic, leads, revenue, sales, ad performance, conversion rates, uptime, Core Web Vitals scores, platform acceptance, AI search placement, or any specific business result. Results depend on many factors outside our control, including market demand, competition, budget, client operations, content quality, search engines, AI platforms, and third-party services.

Unless a written agreement says otherwise, final custom deliverables created specifically for you transfer to you after full payment is received. Until full payment is received, we retain ownership and may withhold files, access, credentials, licenses, exports, or deployment support related to unpaid work.

Agency by Naman Kataria retains ownership of pre-existing materials, reusable code, frameworks, libraries, components, design patterns, workflows, templates, methods, documentation formats, prompts, internal tools, know-how, processes, rejected concepts, unused concepts, and general skills developed before or during the project. Open-source software, third-party libraries, fonts, stock assets, plugins, SaaS tools, AI tools, and platform assets remain subject to their own licenses and terms.

Unless you request confidentiality in writing before project publication, we may identify you as a client and display non-confidential project work, screenshots, summaries, metrics, outcomes, design details, code approach, and general lessons in our portfolio, case studies, proposals, social content, sales materials, and marketing. We will not intentionally disclose confidential business information that is clearly marked confidential.

Each party may receive non-public information from the other party. Each party agrees to use reasonable care to protect confidential information and to use it only for the project or business relationship. Confidential information does not include information that is public, independently developed, already known without restriction, lawfully received from another source, approved for disclosure, or required to be disclosed by law, court order, regulator, or payment processor.

You may not use our website, services, deliverables, forms, automations, systems, or communications for unlawful, harmful, abusive, misleading, fraudulent, infringing, defamatory, discriminatory, spam, malware, scraping, credential theft, unauthorized access, privacy-violating, or deceptive activity. We may refuse, pause, or terminate work if we reasonably believe a project, instruction, use case, dataset, list, product, content, or request creates legal, security, platform, reputational, or ethical risk.

You are responsible for securing your own accounts, passwords, two-factor authentication, domains, hosting, CRMs, payment accounts, analytics accounts, app stores, repositories, and third-party tools. If you provide credentials, you authorize us to use them for the project. We are not responsible for issues caused by weak passwords, shared accounts, revoked access, compromised client systems, client-side malware, unauthorized client users, or third-party account restrictions.

We may suspend or terminate website access, project work, support, subscriptions, or deliverable access for non-payment, late payment, chargebacks, non-cooperation, abusive conduct, unlawful requests, security concerns, repeated scope changes, lack of access, misuse of deliverables, or material breach. Upon termination, you remain responsible for amounts due for work completed, time reserved, expenses incurred, third-party costs, approved milestones, and non-cancellable commitments.

The website and general information are provided for informational purposes only. Services are provided with professional care, but except as expressly stated in a written agreement, the website, services, deliverables, recommendations, automations, AI outputs, and third-party integrations are provided without warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, or guaranteed results to the fullest extent permitted by law.

To the maximum extent permitted by law, Agency by Naman Kataria is not liable for indirect, incidental, special, consequential, exemplary, punitive, lost-profit, lost-revenue, lost-data, lost-goodwill, business-interruption, reputational, third-party, platform, search-engine, AI-output, or security damages. Our total liability for any claim relating to the website, services, or deliverables is limited to the amount you paid us for the specific service giving rise to the claim during the three months before the event, or CAD $500 if no amount was paid, unless a signed agreement states a different limit.

You agree to defend, indemnify, and hold Agency by Naman Kataria harmless from claims, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising from your content, instructions, approvals, data, customer lists, products, claims, legal copy, use of deliverables, breach of these terms, infringement of third-party rights, privacy or marketing-law violations, regulated-industry obligations, third-party platform use, or unauthorized or unlawful activity connected to your project.

We are not responsible for delay or failure caused by events beyond our reasonable control, including internet outages, hosting failures, cyber incidents, third-party platform outages, API changes, labor disruptions, illness, natural disasters, war, civil unrest, government actions, payment processor issues, supply chain disruption, or other events that make performance impractical or impossible.

Unless a signed agreement says otherwise, these Terms & Conditions and any dispute relating to the website, services, deliverables, payments, or project relationship are governed by the laws of Ontario, Canada and the applicable federal laws of Canada, without regard to conflict-of-law rules. Unless a written agreement says otherwise, disputes will be handled in the courts located in Ontario, Canada.

We may update these Terms & Conditions from time to time to reflect changes in services, tools, business practices, or legal requirements. Updates will be posted on this page with a revised date. Continued use of the website, approval of new work, payment, or continued use of deliverables after updates are posted means you accept the updated terms.

Questions about these Terms & Conditions can be sent to company@namankataria.com or through the contact form on this website.