PerformanceMktg — Digital Marketing Agency
⚖️ Legal Agreement

Terms & Conditions

Legal terms governing your use of WE3 MEDIA services

Last updated: May 2026 | Effective date: May 2026

Terms & Conditions Agreement

These Terms and Conditions ("Agreement") constitute a legally binding agreement between WE3 MEDIA ("Company," "we," "us," "our," or "WE3 MEDIA") and you ("Client," "you," "your," or "User"). By accessing and using our website and services, you agree to be bound by these terms in their entirety.

⚠️ Important: Please read this entire agreement carefully. If you do not agree with any part of these terms, you may not use our services. These terms apply to all users and clients, including individuals and businesses. Your use of our services constitutes your acceptance of these terms.

1. Services & Scope

A. Service Description

WE3 MEDIA provides comprehensive digital marketing services for businesses across all industries, including search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content creation, reputation management, website design, and WhatsApp Business API integration. The specific services you receive will be detailed in your individual service agreement, proposal, or engagement letter. We work with clients of all sizes and industries to help them achieve their digital marketing goals.

B. No Guarantees of Results

While we employ industry-best practices and proven digital marketing strategies, we cannot and do not guarantee specific search engine rankings, traffic numbers, lead generation results, revenue increases, or timeframes for results. Search engine algorithms, market conditions, competition, and numerous external factors beyond our control affect all digital marketing results. Results vary significantly based on industry, target market, budget allocation, and implementation quality.

C. Service Modifications

We reserve the right to modify or update our services with reasonable notice to you. We will not unilaterally modify your contracted services without mutual agreement, except when required by legal reasons, platform policy changes, or circumstances beyond our control. Any significant changes will be communicated to you in advance.

2. Fees & Payment Terms

Payment Terms

  • Invoices due within 15 days of invoice date
  • Late payments subject to 1.5% monthly interest
  • Accepted: ACH, credit card, wire transfer
  • All fees exclusive of applicable taxes (GST/VAT/HST)

Billing Structure

  • Fees billed monthly in advance or as agreed
  • Services prorated for partial months
  • Recurring charges continue until cancellation
  • No refunds for services already rendered

Cancellation Policy: Services may be canceled by providing 30 days written notice to WE3 MEDIA. No refunds will be issued for services already rendered or monthly subscriptions. Recurring billing will cease after the notice period expires. You remain responsible for fees through the cancellation effective date.

3. Client Responsibilities

As a client, you agree to the following responsibilities:

Provide Accurate Information

Supply accurate, complete, and current business information, contact details, website access, analytics credentials, and other necessary information.

Maintain Compliance

Ensure your business, marketing materials, and claims comply with all applicable laws and regulations.

Grant Necessary Access

Provide timely access to website, social media accounts, analytics platforms, and other required tools.

Respond Timely

Respond promptly to requests for information, approvals, feedback, and decisions.

4. Intellectual Property Rights

Your Content

You retain full ownership of all content you provide to us, including text, images, logos, videos, and business information. You grant us a limited license to use this content solely for the purpose of delivering our agreed-upon services.

Our Work Product

Content created by WE3 MEDIA, including marketing strategies, designs, copy, layouts, and analysis, remains our intellectual property unless otherwise agreed in a separate written agreement. You receive a non-exclusive, non-transferable license to use this work product for your business purposes.

Case Studies & Testimonials

With your prior written permission, we may feature your results, testimonials, or case studies in our marketing materials, website, or promotional content. You can withdraw this permission at any time by contacting us in writing.

5. Limitation of Liability

To the fullest extent permitted by law: WE3 MEDIA shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of our services, including lost profits, lost revenue, lost data, loss of business opportunity, business interruption, or reputational harm, even if advised of such damages.

Maximum Liability Cap

WE3 MEDIA's total aggregate liability for any claim arising out of or relating to this agreement shall not exceed the total amount you paid us in the 12 months preceding the claim.

This limitation applies regardless of the legal theory (contract, tort, negligence, or any other basis), and remains in effect even if we have been advised of the possibility of such damages. Some jurisdictions do not allow liability limitations, so this may not apply to you.

6. Termination of Services

Termination by Client

You may terminate services at any time by providing 30 days written notice to WE3 MEDIA. No refunds will be issued for services already rendered or for fees during the notice period. You remain responsible for all fees through the termination effective date.

Termination by WE3 MEDIA

We may terminate services: (1) with 30 days notice for non-payment, (2) immediately for material breach of these terms, (3) if you violate applicable laws or our policies, (4) if we discontinue offering services in your market, or (5) for any other valid business reason with 30 days notice.

Upon Termination

Upon termination, we will provide reasonable transition assistance and deliver your data in an accessible format. Fees remain due through the termination date. Provisions regarding payment, confidentiality, indemnification, and limitation of liability survive termination indefinitely.

7. Indemnification

You agree to indemnify, defend, and hold harmless WE3 MEDIA, our officers, directors, employees, agents, and partners from and against any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:

  • Your use or misuse of our services or website
  • Your violation of these terms or applicable laws
  • Your business practices, products, or marketing claims
  • Content you provide to us or direct to us
  • Third-party claims that your content violates intellectual property rights
  • Your negligence, breach of contract, or willful misconduct

Important: This indemnification obligation does not apply to claims arising solely from WE3 MEDIA's negligence, willful misconduct, or breach of this agreement.

8. Governing Law & Dispute Resolution

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Republic of India and the state of Uttar Pradesh, without regard to its conflict of law provisions. All rights and remedies are governed by Indian law.

Dispute Resolution

Before initiating any legal action, both parties agree to attempt resolution through good faith negotiation and discussion. If a dispute cannot be resolved informally within 30 days, the parties may pursue mediation before filing a lawsuit.

Any legal action or proceeding arising under this agreement shall be brought exclusively in the civil courts located in Kanpur, Uttar Pradesh, India. Both parties consent to the jurisdiction and venue of these courts and waive any objection based on inconvenient forum.

9. Additional Legal Terms

Entire Agreement

This agreement, along with our Privacy Policy and Cookie Policy, constitutes the entire understanding between you and WE3 MEDIA. All prior agreements are superseded.

Amendments

WE3 MEDIA reserves the right to modify these terms at any time. Changes are effective immediately upon posting. Continued use of services constitutes acceptance.

Severability

If any provision is found invalid, that provision is modified minimally, and remaining terms continue in full effect.

No Waiver

Failure to enforce any term does not constitute waiver of that term or any other term.

Questions About These Terms?

If you have any questions about these Terms & Conditions or need clarification on any aspect of your service agreement, our legal team is available to assist. We aim to respond to all inquiries within 5 business days.

✉️ Email

admin@performancemktg.net

Legal inquiries

📞 Phone

+91-8707879485

Mon–Sat: 9AM–7PM IST

📍 Address

138 A, 138 Teacher Housing Society
Kanpur, UP 208013, INDIA

Registered Office

© 2025 WE3 MEDIA. All rights reserved. | Last updated: May 2025 | UDYAM: UDYAM-UP-43-0099102

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