These Terms constitute a legally binding agreement between OptimizeMyGrowth (“OMG,” “Consultant”), a consultancy based in Ghaziabad, Uttar Pradesh, India, and the “Client” engaging our services.
By accessing our website, signing a Statement of Work (SOW), or making a payment for services, you agree to be bound by these Terms.
OMG performs services as an Independent Contractor, not an employee. The Client shall not be responsible for withholding taxes or providing employee benefits, except where required by Indian Law (e.g., TDS).
Definition: The specific services (e.g., Audits, Strategy, Implementation) are defined in the Statement of Work (SOW) or Invoice.
Exclusions: Any task outside the written scope is considered "Out of Scope" and will be billed at standard hourly rates.
No Guarantees: While OMG uses industry-best practices (18+ years of experience), we do not guarantee specific results (e.g., specific ROAS, SEO rankings, or revenue targets) as these depend on third-party platforms and market conditions beyond our control.
Currency: Fees are quoted in USD/EUR/GBP for International clients and INR for Indian clients.
Accepted Payment Methods:
Bank Transfer: via Skydo (local account details provided for US/EU/UK).
Escrow / Direct Contracts: We accept Upwork Direct Contracts for added security.
PayPal: Accepted with a 5% surcharge to cover platform processing fees.
Taxes:
Indian Clients: Fees are exclusive of taxes. GST will only be charged if applicable and if the Consultant holds a valid GST registration at the time of invoicing. Currently, as a small enterprise, we do not charge GST.
International Clients: Services qualify as "Export of Services" and are generally not subject to Indian GST.
Refunds: Fees paid for services already rendered are non-refundable.
OMG’s IP: OMG retains ownership of its proprietary frameworks, internal audit checklists, and templates used to create the deliverables.
Client Ownership: Upon full payment of all fees, the Client owns the Final Deliverables (Reports, Dashboards, Strategies).
Portfolio: The Client grants OMG a limited license to use the Client’s logo for portfolio purposes unless a Non-Disclosure Agreement (NDA) states otherwise.
To the maximum extent permitted by law:
Cap on Liability: OMG’s total liability for any claim shall never exceed the total fees paid by the Client to OMG in the three (3) months preceding the claim.
No Consequential Damages: OMG is not liable for any indirect, incidental, or consequential damages, including loss of profits, loss of data, or business interruption.
Third-Party Tools: OMG is not liable for performance issues caused by Google, Meta, Adobe, or other third-party platforms.
The Client agrees to indemnify and hold harmless OMG against any claims, lawsuits, or damages arising from:
The Client’s products or services.
Content or data provided by the Client to OMG.
The Client’s violation of third-party terms (e.g., Ad Platform policies).
Governing Law: This Agreement shall be governed by the laws of India.
Arbitration: Any dispute shall be settled by binding arbitration by a sole arbitrator appointed by OMG.
Venue: The seat of arbitration and exclusive jurisdiction shall be Ghaziabad, Uttar Pradesh, India.
If the Client and Consultant established their relationship through the Upwork Marketplace (and not via Direct Contracts initiated by OMG):
The Upwork Terms of Service (ToS) supersede these Terms regarding payment and non-circumvention.
All payments must be processed via Upwork.
Any dispute regarding funds held in Escrow must follow Upwork’s dispute resolution process first.
For questions regarding these Terms:
OptimizeMyGrowth (OMG)
Attn: Legal Compliance
Email: [email protected]
Location: Ghaziabad, Uttar Pradesh, India