Terms of Service

These Terms of Service (“Terms”) form an agreement between you and IndexSmarts (“IndexSmarts”, “we”, “us” or “our”). They apply when you browse indexsmarts.com, submit an enquiry, or engage us for any service.

By using the website or engaging our services you accept these Terms. If you do not agree with them, please do not use the website or our services.

IndexSmarts provides search engine optimisation, AI and answer engine optimisation, paid advertising, content and social media marketing, white-label services, and design and development work.

The precise scope, deliverables, timelines, and fees for any engagement are set out in the proposal or statement of work agreed with you. Anything not expressly included in that document is out of scope, and additional work will be quoted separately before it begins.

Our work depends on timely input from you. You agree to:

• Provide accurate information and the access we need — to your website, hosting, CMS, analytics, search console, and advertising accounts
• Respond to requests for feedback, approvals, and content within the timeframes agreed in the proposal
• Ensure that any material you supply — text, images, logos, video, or data — is lawful and that you hold the rights to use it
• Keep your own backups and maintain your hosting, domain, licences, and third-party subscriptions unless we have agreed to manage them
• Tell us before you make changes to a site or account we are working on, so that our work is not overwritten

Delays caused by late feedback, missing access, or changes made outside our process may shift timelines and, where they cause additional work, may be chargeable.

Search engines, AI answer engines, and advertising platforms control their own ranking and delivery systems. They change their algorithms and policies without notice and do not accept payment for organic placement.

We therefore cannot and do not guarantee any specific ranking position, traffic volume, conversion rate, revenue figure, or return on investment. What we commit to is the professional delivery of the agreed scope, using current, ethical, guideline-compliant practices and transparent reporting.

Any figures, case studies, or projections we share are illustrative of past work and are not a promise of future performance.

• Fees are set out in the applicable proposal or statement of work, in the currency stated there.
• Retainer engagements are invoiced monthly in advance unless agreed otherwise; project work follows the milestone schedule in the proposal.
• Invoices are payable within 15 days of the invoice date unless stated otherwise.
• Fees are exclusive of GST and any other applicable taxes, duties, or bank charges, which are payable by you.
• Advertising spend, media budgets, licences, stock assets, plugins, and hosting are billed at cost and are separate from our fees, unless the proposal says otherwise.
• We may suspend work on overdue accounts after written notice, and may charge interest on late payments at the rate permitted by law.

Ongoing engagements continue until either party terminates them with 30 days' written notice, unless the proposal specifies a different notice period or minimum term.

Either party may terminate immediately if the other commits a material breach that is not remedied within 15 days of written notice, or becomes insolvent.

On termination you must pay for all work performed and costs committed up to the termination date. We will hand over the deliverables you have paid for, transfer accounts we created on your behalf, and remove our access to your systems.

You retain ownership of everything you supply to us — your brand, content, data, and existing materials. You grant us a licence to use those materials for the sole purpose of delivering the services.

Ownership of the deliverables we create specifically for you transfers to you once we have received payment in full for them. Until then we retain ownership.

We retain ownership of our own pre-existing materials, methodologies, frameworks, templates, internal tooling, and know-how, including anything we develop generally in the course of our business. Nothing in these Terms prevents us from reusing that knowledge for other clients.

Third-party assets — fonts, stock images, plugins, themes, and libraries — remain subject to their own licences, which are passed through to you.

Unless you tell us otherwise in writing, we may reference your name and logo and describe the work in our portfolio and case studies.

Delivering our services requires third-party platforms — including Google, Meta, Amazon, hosting providers, and analytics and SEO tools — that we do not own or control. Their availability, pricing, policies, and approval decisions are outside our control.

We are not responsible for account suspensions, disapprovals, policy changes, algorithm updates, price increases, outages, or data loss caused by those platforms, provided we have acted in accordance with their published guidelines.

Each party will keep the other's confidential information — including strategies, credentials, pricing, performance data, and business plans — in confidence, use it only for the engagement, and protect it with at least reasonable care. This obligation continues for three years after the engagement ends and does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

When using indexsmarts.com you agree not to:

• Copy, republish, or resell our content without written permission
• Scrape, crawl, or harvest the site or its data by automated means beyond ordinary search engine indexing
• Attempt to gain unauthorised access to the site, its infrastructure, or any connected system
• Introduce malware, or interfere with the availability or integrity of the site
• Submit false information, spam, or unsolicited commercial messages through our forms

All content on this website — including text, design, graphics, and code — is owned by IndexSmarts or its licensors and is protected by copyright and trade mark law.

The website and its content, including blog articles and guides, are provided for general information only and do not constitute professional, legal, or financial advice.

To the maximum extent permitted by law, the website is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be uninterrupted or error-free. Our services are provided with reasonable skill and care.

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, business opportunity, or data, however caused.

Our total aggregate liability arising out of or in connection with an engagement is limited to the total fees you paid us for that engagement in the three months immediately before the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable law.

You agree to indemnify IndexSmarts against claims, damages, and reasonable costs arising from material you supplied to us, from your breach of these Terms or of applicable law, or from your use of deliverables in a way we did not advise or agree to.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemics, strikes, government action, or failures of power, internet, or third-party platforms. Affected obligations are suspended for the duration of the event.

These Terms are governed by the laws of India. The courts at Mohali, Punjab, India have exclusive jurisdiction over any dispute arising out of or in connection with them.

Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute through discussion for a period of 30 days.

• If any provision of these Terms is found unenforceable, the rest remains in force.
• A failure to enforce a provision is not a waiver of the right to enforce it later.
• You may not assign your rights under these Terms without our written consent; we may assign ours to a successor of our business.
• The parties are independent contractors. Nothing here creates a partnership, joint venture, or employment relationship.
• We may update these Terms from time to time. The current version is always published on this page with its effective date, and continued use of the website or our services after a change means you accept the revised Terms.

Questions about these Terms, or about an engagement in progress? Please reach out — we would rather talk it through than leave anything unclear.