Terms of Service.

These Terms of Service ("Terms", "Agreement") govern your use of the 7seamarketing.com website (the "Website"), any services provided by 7SEA Marketing™ ("7SEA", "we", "our", "us"), and any communications with our team.

7SEA Marketing™ is a global Shopify agency founded in August 2020, operating from a Los Angeles headquarters and a New Delhi studio. By accessing our Website, requesting a consultation, engaging us for services, or entering into a project agreement with us, you ("you", "Client") agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Website or engage our services.

7SEA provides digital marketing and Shopify agency services to Direct-to-Consumer (D2C) brands. Our services include, but are not limited to:

• Shopify Development — new store builds, custom theme development, Figma-to-Shopify conversion, AI mockup conversion, migrations from other platforms.
• Design — logo and brand identity, UI/UX design, ad creative production, Shopify graphics.
• Marketing — Meta Ads, Google Ads, social media management, SEO, AEO/GEO optimization, content marketing.
• Optimization — conversion rate optimization (CRO), checkout flow optimization, site speed optimization, cart drawer customization.
• Email marketing — Klaviyo setup, flows, campaigns.
• Analytics — tracking setup, revenue attribution, reporting.

Specific scope, deliverables, timelines, and fees for each engagement are defined in a written Project Proposal or Statement of Work agreed by both parties before work begins.

Every new engagement begins with a free discovery consultation. During this consultation:

• We understand your business, goals, timeline, and budget.
• We assess project fit and scope.
• We provide a fixed-quote proposal with defined deliverables and timeline.

An engagement is formally established when you accept a written Project Proposal by:

• Written acceptance (email confirmation, signed proposal, or written message).
• Payment of the first invoice (deposit).

Until the deposit is received, no work is committed to your project and 7SEA reserves the right to allocate resources to other clients.

Fixed-quote pricing

Every project is quoted at a fixed price after the discovery consultation. No hourly billing. No surprise invoices for revisions.

Payment schedule

Unless otherwise agreed in writing, payment terms are:

• Deposit — 50% due before work begins.
• Milestone or Final — remaining 50% due upon completion or on defined milestones.
• Monthly retainers — invoiced in advance on the first business day of each month.

Payment methods

We accept payments via Stripe, Razorpay, PayPal, bank transfer, and other methods depending on your region. Payment method fees, if any, are your responsibility.

Late payments

Invoices are due within 7 days of issue unless otherwise agreed. Overdue invoices may incur a late fee of 2% per month or the maximum permitted by law, whichever is lower. We reserve the right to pause work on overdue accounts until payment is received.

Refunds

Because we deliver services (not physical products) and begin allocating team resources upon deposit, deposits are generally non-refundable once work has commenced. Milestone-specific refunds are considered on a case-by-case basis and are outlined in the Project Proposal.

To deliver the best possible outcome, we rely on your active participation. As a Client, you agree to:

• Provide required materials in a timely manner — brand assets, product information, copy, imagery, existing store access, ad account access, and any other assets defined in the Project Proposal.
• Provide feedback promptly — respond to revision requests, approvals, and communications within a reasonable timeframe (typically 3 business days).
• Grant necessary access — provide 7SEA with the platform access (Shopify, Meta Business Manager, Google Ads, Klaviyo, etc.) required to deliver the services.
• Ensure accuracy of information — provide accurate, complete, and lawful information about your business and products.
• Own or license all content you provide — you represent that any content, images, logos, or materials you provide to 7SEA do not infringe on any third-party intellectual property or other rights.
• Pay invoices on time as per the agreed payment schedule.

Delays caused by unresponsive feedback, missing assets, or platform access issues may extend project timelines and are not the responsibility of 7SEA.

Estimated timelines are provided in every Project Proposal. We commit to reasonable efforts to meet these timelines, but timelines are dependent on:

• Timely feedback and approvals from Client.
• Timely provision of assets and platform access.
• Scope remaining within the original agreement (no material scope changes mid-project).
• Third-party service availability (Shopify, ad platforms, DNS providers).

7SEA is not liable for delays caused by Client-side factors, third-party outages, or force majeure events (see Section 15).

If a project is paused by Client for more than 30 consecutive days, 7SEA reserves the right to reschedule and reprioritize resources. Restarting a paused project may require a new timeline.

Every 7SEA project includes unlimited revisions within the defined scope. There are no per-revision fees. You get the outcome you want, not what we ship on round three.

What counts as a revision

Changes within the originally agreed scope — for example, adjusting colors, refining copy, tweaking layouts, iterating on ad creatives.

What counts as scope change

Additions or changes outside the originally agreed scope — for example, adding new pages not in the proposal, adding new services, or requesting a redesign after final approval. Scope changes may require a separate Project Proposal and additional fees.

Final approval

A deliverable is considered final when you provide written approval (email, message, or signed sign-off). After final approval, further changes are treated as new scope.

Ownership of deliverables

Upon full payment of all invoices related to a project, all rights, title, and interest in the final deliverables specifically created for you (including custom code, designs, copy, and creative assets) transfer to Client for use in Client's business.

Pre-existing materials

7SEA retains ownership of any pre-existing tools, frameworks, code libraries, templates, or methodologies used in the delivery of services. Client is granted a perpetual, non-exclusive, non-transferable license to use these pre-existing materials only as part of the delivered work.

Third-party materials

Any third-party assets used in your project (stock images, fonts, plugins, apps) are governed by their own licenses. Client is responsible for maintaining any ongoing licenses for third-party materials incorporated into the final deliverables.

Portfolio & case studies

Unless otherwise agreed in writing, 7SEA reserves the right to display work created for Client in our portfolio, case studies, and marketing materials, including the Client's brand name and public results. Sensitive commercial data (specific revenue figures, ad spend, private conversion rates) will not be disclosed without written consent.

Delivering our services often requires the use of third-party platforms and paid services. These are not included in 7SEA fees and are the Client's direct responsibility unless explicitly stated in the Project Proposal.

Examples include:

• Shopify subscription — monthly platform fee paid directly by Client to Shopify.
• Ad spend — Meta Ads, Google Ads, TikTok Ads budgets. Charged directly to the Client's ad account.
• Klaviyo, email marketing tools — monthly SaaS subscription paid by Client.
• Shopify apps — subscription fees for third-party apps installed on Client's store.
• Stock imagery, fonts, or premium themes — licensing fees paid by Client.
• Domain, DNS, email hosting — paid by Client to respective providers.

7SEA is not liable for changes in third-party pricing, features, or availability.

Both parties agree to maintain the confidentiality of any non-public information shared during the engagement, including business strategies, financial data, customer lists, technical details, and any information marked or reasonably understood as confidential.

Confidential information may only be used for the purpose of delivering the services and may not be disclosed to any third party without the other party's prior written consent, except:

• To 7SEA's team members and contractors bound by equivalent confidentiality obligations.
• To third-party service providers strictly as required to deliver the services.
• Where required by law, court order, or governmental authority.

Confidentiality obligations survive termination of the engagement for a period of three (3) years.

7SEA provides services with reasonable care and skill, in line with industry standards.

However, 7SEA does not warrant or guarantee:

• Specific business outcomes — revenue, sales, conversion rates, follower counts, engagement metrics, search rankings, or any other business result. Marketing outcomes depend on many factors beyond our control, including product-market fit, pricing, competition, market conditions, and third-party platform changes.
• Search engine rankings — SEO and AEO/GEO rankings are influenced by algorithms outside our control. We commit to industry best practices, not specific ranking positions.
• Ad platform performance — Return on ad spend (ROAS), cost per acquisition (CPA), and other paid media metrics depend on ad platform algorithms, competition, and market factors.
• Third-party platform uptime or feature availability — we do not control Shopify, Meta, Google, or other platforms our services depend on.

Case studies and testimonials on our Website are real, but past results do not guarantee similar results for your business.

Except as expressly stated in a Project Proposal, all services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by applicable law, 7SEA's total aggregate liability to Client for any claim arising out of or relating to these Terms or the services provided shall not exceed the total fees paid by Client to 7SEA for the specific project giving rise to the claim in the twelve (12) months preceding the claim.

7SEA shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, business opportunities, or goodwill.
• Losses caused by third-party platforms, services, or events outside our reasonable control.
• Losses caused by Client-provided content, materials, or instructions that infringe on third-party rights.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent required by such laws, the limitations above may not apply to you.

Client agrees to defend, indemnify, and hold harmless 7SEA, its team members, contractors, and affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Content, materials, or instructions provided by Client that infringe on any third-party intellectual property, privacy, or other rights.
• Client's use of the delivered services or deliverables in a manner not permitted by these Terms or by applicable law.
• Client's violation of these Terms or of any applicable law.
• Any misrepresentation made by Client to 7SEA.

7SEA agrees to defend, indemnify, and hold Client harmless from any claims arising from 7SEA's gross negligence or willful misconduct in the delivery of services, subject to the limitations in Section 12.

Termination by Client

Client may terminate an engagement at any time with written notice. In case of termination:

• Client remains liable for fees for work completed up to the termination date.
• Deposits and payments already received for completed milestones are non-refundable.
• Any unbilled work completed will be invoiced pro-rata based on the completion percentage.
• 7SEA will provide reasonable transition support (e.g., handing over files, access credentials) subject to full payment of outstanding invoices.

Termination by 7SEA

7SEA may terminate an engagement immediately if:

• Client fails to pay invoices when due after a 14-day cure period.
• Client materially breaches these Terms and fails to cure within 14 days of written notice.
• Client engages in conduct that is unlawful, unethical, abusive, or harmful to our team.
• Client's project involves content or business activities that we determine, in our reasonable judgment, are inconsistent with our values or professional standards.

Effect of termination

Sections that by their nature should survive termination (including Intellectual Property, Confidentiality, Warranties, Limitation of Liability, Indemnification, and Governing Law) will remain in effect after termination.

Neither party shall be liable for any failure or delay in performance under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government orders, internet outages, third-party platform outages, or utility failures.

The affected party shall notify the other party as soon as reasonably possible and shall use commercially reasonable efforts to mitigate the impact.

These Terms and any dispute arising out of or in connection with them are governed by the laws of India, without regard to conflict-of-law principles.

Dispute resolution process

1. Direct negotiation — parties will first attempt to resolve any dispute through good-faith direct negotiation.
2. Mediation — if negotiation fails, parties agree to attempt mediation with a mutually agreed mediator.
3. Arbitration or courts — unresolved disputes shall be submitted to the exclusive jurisdiction of the courts of New Delhi, India, unless otherwise agreed in the Project Proposal.

Nothing in this section prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction to protect intellectual property, confidential information, or other rights.

When accessing our Website (7seamarketing.com), you agree to:

• Use the Website only for lawful purposes.
• Not attempt to gain unauthorized access to any part of the Website, servers, or infrastructure.
• Not use automated tools (bots, scrapers) to access or extract data from the Website without our written permission.
• Not interfere with the normal operation of the Website or attempt to circumvent security measures.
• Not upload or transmit any viruses, malware, or harmful code.

All content on the Website (text, images, logos, code, design) is owned by 7SEA Marketing™ or its licensors and is protected by intellectual property laws. You may not copy, reproduce, or redistribute Website content without our written permission, except as permitted by law (e.g., quoting for review purposes with attribution).

We may modify, suspend, or discontinue the Website or any features at any time without notice.

Entire agreement — These Terms, together with any signed Project Proposal, constitute the entire agreement between the parties and supersede any prior agreements or understandings.

Amendments — Amendments to a specific Project Proposal must be agreed in writing by both parties. Amendments to these general Terms are governed by Section 19 below.

Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No waiver — Failure by either party to enforce any right under these Terms does not constitute a waiver of that right or any other right.

Assignment — Client may not assign or transfer these Terms without 7SEA's prior written consent. 7SEA may assign these Terms to a successor entity in connection with a merger, acquisition, or reorganization.

Independent contractor — 7SEA acts as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties.

Notices — Any formal notice under these Terms must be sent in writing to the email address contact@7seamarketing.com or the address specified in the Project Proposal.

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices.

When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Notify active clients via email at least 30 days before changes take effect.
• Post a notice on our Website.

For active engagements, the Terms in effect on the date the Project Proposal was signed will continue to apply for the duration of that project unless both parties agree in writing to the updated Terms.

Continued use of our Website or services after changes take effect constitutes acceptance of the updated Terms.

For questions about these Terms or any engagement, please contact us:

Email: contact@7seamarketing.com
WhatsApp: +91 90136 21346

Postal address (Headquarters):
7SEA Marketing™
Los Angeles, California, USA

Studio address:
7SEA Marketing™
New Delhi, India

We aim to respond to legitimate inquiries within 3 business days.