These Terms & Conditions (“Terms”) constitute a legally binding agreement between Yana Digital Solution (“Company,” “we,” “us,” or “our”) and you (“Client,” “you,” or “your”). By accessing our website or engaging our services, you agree to these Terms.
1. Services & Scope
Yana Digital Solution provides specialized digital marketing services, including:
- GBP Management: Optimization, posting, and reinstatement support.
- Local SEO: Strategy for San Jose, San Francisco, Oakland, and beyond.
- Paid Media: Google Ads and Meta Ads management.
- Creative: Website design/redesign and landing page development.
Deliverables: Specific tasks, timelines, and budgets will be detailed in a separate Statement of Work (SOW) or Proposal. In the event of a conflict, the SOW takes precedence over these General Terms.
2. No Guarantee of Specific Outcomes
Digital marketing is subject to external factors beyond our control.
- Rankings & Traffic: We do not guarantee specific search engine rankings or traffic volumes. Search algorithms (Google, Meta, etc.) are proprietary and change frequently.
- Lead Generation: While we optimize for ROI, we do not guarantee a specific number of leads, calls, or revenue.
- Third-Party Actions: We are not responsible for account suspensions, profile removals, or ad rejections by third-party platforms.
3. Client Obligations
To achieve results, the Client must:
- Access: Provide necessary access to GBP, Google Ads, and Website CMS.
- Compliance: Ensure all business information provided is truthful and complies with US/Canada “Truth in Advertising” laws.
- Timeliness: Respond to approval requests within 3 business days to avoid project delays.
4. Fees, Payments & Refunds
- Currency: Services for North American clients are typically invoiced in USD or CAD.
- Payment Terms: Subscriptions are billed in advance. Project-based work requires a 50% deposit.
- Refund Policy: Once work has commenced (including audits and setup), fees are non-refundable. Unused portions of ad-spend are managed directly by the platform (Google/Meta) and are subject to their refund terms.
5. Limitation of Liability (The “North American” Clause)
To the maximum extent permitted by law, Yana Digital Solution’s total liability for any claim arising out of these Terms shall not exceed the total amount paid by the Client for the specific service in the three (3) months preceding the claim. We are not liable for indirect, incidental, or consequential damages (e.g., lost profits).
6. Dispute Resolution (International Arbitration)
To save both parties from expensive litigation:
- Informal Resolution: We agree to first attempt to resolve any dispute through 30 days of good-faith negotiation.
- Binding Arbitration: If unresolved, disputes shall be settled by binding arbitration. For US/Canada clients, arbitration will be administered by the International Centre for Dispute Resolution (ICDR) or a mutually agreed-upon neutral body, conducted in English.
- Governing Law: This agreement is governed by the laws of India, but international arbitration rules apply to ensure fairness for North American clients.
7. Intellectual Property
- Our Tools: We retain ownership of our proprietary SEO frameworks, scripts, and internal strategies.
- Your Assets: Upon full payment, the Client owns the final “Deliverables” (e.g., your website code, ad copy, and graphic designs).
