These Terms of Service ("Terms") govern your access to and use of the Birbal Marketing website (birbalmarketing.agency) and the marketing services we provide — Meta Ads, Google Ads, WhatsApp API (WATI), SMS & RCS Blaster, Poster & AI Video, and Consultancy. By using our site or signing up for any service, you agree to these Terms.
Contents
1. Eligibility
You must be at least 18 years old and legally able to enter into a contract in your jurisdiction to use our services. If you are signing on behalf of a company, you represent that you have authority to bind that company to these Terms.
2. Services We Provide
- Meta Ads management: campaign strategy, creative production, audience building, daily optimisation, weekly reporting.
- Google Ads management: Search, Display, Performance Max, YouTube ads, remarketing funnels.
- WhatsApp API (WATI): account onboarding, business-manager warming, chatbot flow design, template registration.
- SMS & RCS Blaster: sender-ID registration, content compliance, bulk blast execution via our software.
- Poster & AI Video: daily posters, AI celebrity videos, reels/shorts, festival packs.
- Consultancy & Telecaller: strategy sessions and trained calling pods for lead-to-client conversion.
3. Accounts & Access
To run campaigns on your behalf, you may need to grant us access to:
- Meta Business Manager / Ad Account (we recommend Partner access, not full admin).
- Google Ads account (we add our MCC manager email).
- WATI workspace (Admin role).
- WhatsApp Business phone number (we verify via OTP).
You may revoke access at any time. We will return or destroy all credentials within 7 days of termination.
4. Fees, Billing & GST
- Service fees are listed in INR (or USD/EUR/AED for international clients) and quoted on the Packages page or in your custom proposal.
- Ad spend (Meta, Google, WATI conversation charges, SMS credits) is billed separately from our management fee and is paid directly to the platform or reimbursed to us with valid tax invoice.
- Indian clients are charged 18% GST on top of the service fee unless an export-of-services LUT is on file.
- Payment terms: 50% advance on signing, balance by the 7th of each month. Late payment attracts 1.5% monthly interest.
5. Performance & No-Guarantee
We work hard to deliver profit, but:
- We do not guarantee specific ROAS, CPL, lead volume or revenue. Ad-platform algorithms and user behaviour are outside our control.
- Our "profit setup in 4 months" claim depends on compliance, product-market fit and execution speed from your side as well.
- Ad accounts may be restricted or banned by Meta/Google for policy violations. We assist with appeals but cannot guarantee reinstatement.
6. Client Obligations
- Provide accurate information about your business, offer and target audience.
- Ensure your offer, landing pages and creatives comply with the laws of every jurisdiction you advertise in.
- Provide timely approvals (within 48 working hours) on creatives and copy we send for review.
- Maintain a valid payment method with sufficient balance to cover ad spend.
- Notify us within 7 days of any change in business ownership, contact details or banking information.
7. Prohibited Use
You may not use our services for:
- Unlicensed gambling, betting or casino operations in jurisdictions where they are illegal.
- Stock tips presented as guaranteed returns (SEBI-regulated territory).
- Misleading claims about celebrity endorsements, government schemes, or miracle earnings.
- Any product or service banned by Meta, Google or applicable local advertising law.
We reserve the right to suspend any campaign that, in our sole judgement, risks the integrity of our ad accounts or violates platform policy.
8. Intellectual Property
- You retain ownership of your brand assets (logo, product photos, brand colours) and grant us a limited licence to use them in campaigns.
- We retain ownership of our internal playbooks, scripts, templates and the AI models we fine-tune — these are not transferred to you on termination.
- Creatives we produce for you (posters, videos, copy) are licensed to you for your business use only; resale to a competitor is not permitted.
9. Confidentiality
Both parties agree to keep confidential any non-public information disclosed during the engagement — including campaign data, financials, strategy and customer lists. This obligation survives termination for 24 months.
10. Termination & Refunds
- By you: you may cancel with 15 days' written notice at the end of any monthly billing cycle.
- By us: we may suspend or terminate immediately for non-payment, prohibited use, or abuse of our team.
- Refunds: the advance 50% is non-refundable once creative work has begun. Unused management fees for partial months are refunded pro-rata. Ad spend already spent is non-refundable.
11. Limitation of Liability
To the maximum extent permitted by law, Birbal Marketing's total liability under these Terms is capped at the fees you paid us in the 3 months immediately before the claim. We are not liable for indirect, incidental or consequential damages, including lost profits or lost business opportunities.
12. Indemnity
You agree to indemnify and hold Birbal Marketing, its directors and employees harmless from any third-party claim arising out of (a) your offer or marketing claims, (b) your breach of these Terms, or (c) your violation of any applicable law.
13. Disputes & Governing Law
These Terms are governed by the laws of the United Arab Emirates (DIFC for commercial clients). Any dispute will first go to good-faith negotiation for 30 days; if unresolved, it will be referred to arbitration under the DIFC-LCIA rules in Dubai, in English. Consumer rights under Indian law remain unaffected for clients based in India.
14. Miscellaneous
- Force majeure: neither party is liable for delays caused by events beyond reasonable control (platform outages, government actions, war, pandemics).
- Severability: if any clause is held unenforceable, the rest of the Terms remain in force.
- Entire agreement: these Terms + your signed proposal form the complete agreement between us.
15. Contact
- Email: legal@birbalmarketing.agency
- Postal: Birbal Marketing FZ-LLC, Dubai Internet City, UAE.