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Terms & Conditions
Inclusive of Cancellation and Refund Policy
Effective Date: April 22, 2026 | Last Updated: June 5, 2026
FunnelSaga Digital Private Limited (d.b.a. EmploraX) | www.emplorax.com | admin@emplorax.com
By accessing www.emplorax.com or engaging EmploraX for any service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue use of this website and do not engage our services.
These Terms and Conditions ("Terms") govern the relationship between FunnelSaga Digital Private Limited (doing business as EmploraX) ("EmploraX", "We", "Us", "Our"), having its registered office at 85/2, Ibrahimpur Road, Jadavpur, Kolkata, West Bengal — 700032, India, and any individual, business, or entity ("Client", "You", "Your") who accesses this website or engages our services.
Where a separate Scope of Work ("SOW") or Service Agreement is executed in writing between the parties, that document shall govern the specific scope, deliverables, timelines, and commercial terms of that engagement. In the event of any conflict between these Terms and an SOW, the SOW shall prevail.
1. About EmploraX
EmploraX is a B2B SaaS marketing agency providing content marketing, AI-driven SEO, social media strategy, community ecosystem management, and product-led growth services to technology companies and SaaS businesses. Our services are directed at businesses and their authorised representatives — not individual consumers. By engaging EmploraX, you represent and warrant that you are authorised to enter into a binding agreement on behalf of the entity you represent.
2. Our Services
EmploraX offers, among others:
• Content Marketing — strategy, blog posts, long-form content, thought leadership, whitepapers, and case studies.
• AI-Driven SEO — keyword research, topic clusters, technical SEO, and AI-native search optimisation (ChatGPT, Perplexity, Gemini, and others).
• Social Media Management — LinkedIn, Reddit, X, Instagram, Facebook, Quora, Medium, Bluesky, and YouTube.
• Community Ecosystem Development — building and managing brand presence on community platforms and review sites such as G2 and Trustpilot.
• Product-Led Growth (PLG) Marketing — content and messaging aligned to product funnels and go-to-market motions.
• Consulting and Advisory — growth audits, GTM strategy, and marketing advisory sessions.
The specific scope of work, deliverables, timelines, and fees will be set out in a separate SOW or Service Agreement. EmploraX reserves the right to decline any engagement or discontinue a service at its sole discretion, with appropriate notice.
3. Client Obligations
As a Client, you agree to:
• Provide accurate, complete, and up-to-date information necessary for the delivery of services.
• Appoint a named point of contact with sufficient authority to provide timely approvals, feedback, and decisions.
• Grant EmploraX access to relevant platforms, accounts, and tools in a timely manner and maintain those access credentials securely.
• Review and approve deliverables within the period specified in the SOW (typically 3–5 business days). Failure to respond within this period may be treated as approval, and EmploraX reserves the right to proceed.
• Make all payments in accordance with the agreed schedule.
• Ensure that all content, data, brand assets, and materials you provide to EmploraX do not infringe any third-party intellectual property, privacy, or other legal rights, and are legally permissible for EmploraX to use in delivering the services.
• Not use EmploraX’s services for any unlawful, misleading, defamatory, harassing, or unethical purpose.
• Notify EmploraX promptly of any material changes to your business, brand, products, or target audience that may affect the delivery or strategy of the services.
4. Payment Terms
• Retainer fees are due upfront at the start of each billing cycle, before services commence.
• Invoices for project-based engagements are payable within 15 (fifteen) days of the invoice date, unless otherwise agreed in the SOW.
• Fees are quoted and payable in the currency specified in the applicable SOW (INR or USD, as applicable).
• All applicable taxes, including GST where applicable, will be charged separately and are the Client’s responsibility.
• Overdue payments will attract interest at the rate of 18% per annum (or the maximum rate permitted by law, whichever is lower), calculated from the due date.
• EmploraX reserves the right to suspend services upon 7 (seven) days’ written notice in the event of non-payment, without liability for any resulting interruption.
• Third-party costs incurred on the Client’s behalf (e.g., tools, media placements, platform subscriptions) are billed at cost with prior written approval and are non-refundable once committed.
• All payments must be made to the bank account or payment gateway details as specified in the invoice. EmploraX is not responsible for payments made to any other account based on fraudulent instructions. Clients are advised to verify payment details directly with EmploraX before each transfer.
5. Intellectual Property
5.1 EmploraX’s Intellectual Property
All methodologies, frameworks, tools, templates, processes, research databases, and pre-existing materials developed by EmploraX remain our exclusive property. Nothing in these Terms or any SOW transfers any ownership of EmploraX’s intellectual property to the Client. The Client acquires no rights in EmploraX’s IP beyond what is strictly necessary to receive and use the specific deliverables.
5.2 Client’s Intellectual Property
All brand assets, trademarks, content, and materials provided by the Client remain the Client’s property. The Client grants EmploraX a limited, non-exclusive, royalty-free, revocable licence to use such materials solely for the purpose of delivering the agreed services. This licence terminates upon termination of the engagement.
5.3 Deliverables
Unless otherwise agreed in writing, final deliverables created specifically for the Client and paid for in full will vest in the Client upon receipt of full payment. Until full payment is received, all deliverables remain the property of EmploraX. Underlying tools, frameworks, methodologies, and non-bespoke components used to produce deliverables remain EmploraX’s property at all times.
5.4 Portfolio and Case Study Rights
EmploraX reserves the right to reference the Client as a client and describe the general nature of the work performed in its marketing, website, case studies, and portfolio, unless the Client expressly requests in writing that this be restricted prior to engagement commencement. No confidential metrics, proprietary data, or other confidential information will be disclosed without prior written consent.
5.5 Website Content
All content on www.emplorax.com — including text, graphics, logos, and images — is the property of EmploraX and protected by applicable intellectual property law. Reproduction, redistribution, or commercial use without prior written consent is strictly prohibited.
6. Confidentiality
Both parties agree to hold each other’s Confidential Information in strict confidence. "Confidential Information" means any non-public information disclosed by one party to the other in connection with the services, including business strategies, financial data, client lists, technical data, pricing, and proprietary methodologies, whether disclosed in writing, orally, or by any other means.
Neither party will disclose, publish, copy, or misuse the other’s Confidential Information, or use it for any purpose other than the performance of obligations under these Terms. Each party will ensure that Confidential Information is only accessed by personnel who have a need to know it and are bound by equivalent confidentiality obligations.
This obligation survives the termination of any engagement for a period of 2 (two) years. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed without use of the Confidential Information; or (d) is required to be disclosed by law, court order, or regulatory authority, provided the disclosing party gives the other party reasonable advance notice where permitted.
7. Disclaimer of Warranties and Limitation of Liability
Digital marketing outcomes are influenced by many external factors. Please read this section carefully.
EmploraX will deliver services with reasonable professional skill and care. However:
• Digital marketing outcomes — including SEO rankings, social media growth, lead generation, and revenue impact — are influenced by factors outside our control, including platform algorithm changes, market competition, third-party tool performance, and the Client’s own business and website. EmploraX does not guarantee specific results or outcomes.
• EmploraX is not responsible for changes in third-party platform policies, algorithms, or terms of service (including Google, LinkedIn, Reddit, and others) that may affect campaign outcomes. EmploraX will adapt strategies as promptly as reasonably possible in response to material changes.
• The website and all content thereon are provided ‘as is’ without warranty of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.
EmploraX’s aggregate liability for any claim arising from the services — whether in contract, tort, or otherwise — shall not exceed the total fees paid by the Client to EmploraX in the 3 (three) calendar months immediately preceding the event giving rise to the claim.
EmploraX shall not be liable for any indirect, consequential, incidental, special, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising from or in connection with these Terms or the services, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
8. Cancellation Policy
8.1 Monthly Retainer Engagements
• A minimum notice period of 30 (thirty) calendar days is required for all retainer cancellations, provided in writing to admin@emplorax.com.
• If written notice is received on or before the 5th calendar day of a billing month: a pro-rated refund of the prepaid retainer for the unused portion (less any costs already incurred) will be assessed under the Refund Policy in Section 9.
• If written notice is received after the 5th calendar day of the billing month: no refund is issued for that billing month. The engagement concludes at the end of the then-current billing cycle.
8.2 Fixed-Scope Projects
• Cancelled before kick-off date: eligible for a full refund of any advance paid (less payment gateway fees).
• Cancelled after kick-off but before Milestone 1 is delivered: 50% of fees paid for that phase are forfeited; the remaining 50% will be refunded.
• Cancelled after Milestone 1 is delivered: no refund for completed work. Pro-rated consideration for uncommenced future milestones will be assessed individually.
• Cancelled when 75% or more of the project scope is complete: no refund.
8.3 Consulting and Advisory Sessions
• Cancellation 48 or more hours before the session: full refund or credit note at the Client’s election.
• Cancellation 24–48 hours before the session: 50% refund, or full credit note at EmploraX’s discretion.
• Cancellation less than 24 hours before the session, or no-show: no refund. A credit note may be issued at EmploraX’s sole discretion.
8.4 Cancellation by EmploraX
If EmploraX terminates an engagement for reasons solely attributable to EmploraX, we will refund fees for services not yet delivered, less any third-party costs already committed or incurred, within 15 business days of the termination date. This clause does not apply to termination for Client breach, non-payment, or force majeure.
9. Refund Policy
9.1 Refundable Situations
• Advance or deposit paid before project kick-off, where cancellation occurs before any work commences: full refund (less payment gateway or transaction fees).
• Pro-rated retainer balance for unused days, where written cancellation notice is received on or before the 5th of the billing month and no additional costs have been committed or incurred.
• 50% of phase fees where a fixed-scope project is cancelled after kick-off but before Milestone 1 delivery.
9.2 Non-Refundable Amounts
The following are non-refundable under all circumstances:
• Fees for services already rendered, delivered, reviewed, or approved.
• Third-party costs incurred on the Client’s behalf (tools, subscriptions, media placements, vendor fees).
• Onboarding and set-up fees.
• Rush, expedited, or out-of-scope service charges.
• Payment gateway, transaction, or currency conversion fees.
• Taxes (GST or otherwise) remitted to the relevant tax authority.
9.3 Refund Process
To request a refund or cancellation, email admin@emplorax.com with the subject line: "Refund/Cancellation Request — [Your Company Name]", including your invoice number, reason for the request, and bank/payment details. EmploraX will acknowledge within 3 business days and communicate its decision within 10 business days. Approved refunds are processed within 15 business days via the original mode of payment, subject to third-party processing timelines. Any discrepancy in refund amounts must be raised within 14 days of receipt.
9.4 Service Credits
At EmploraX’s discretion, a service credit may be offered in lieu of a monetary refund. Credits are redeemable against future services within 6 months of issuance, non-transferable, and non-redeemable for cash.
10. Term and Termination
• Engagements commence on the date agreed in the applicable SOW or Service Agreement.
• Either party may terminate a retainer engagement with 30 (thirty) days’ written notice, subject to the Cancellation and Refund Policy above.
• EmploraX may terminate any engagement immediately upon written notice in the event of: (a) material breach by the Client that remains uncured 7 days after notice; (b) non-payment; (c) the Client engaging in conduct that is unlawful, reputationally harmful to EmploraX, or in violation of these Terms.
• Upon termination for any reason, all outstanding fees for services rendered become immediately due and payable. Each party will promptly return or destroy the other’s Confidential Information. Completed and fully paid-for deliverables will be handed over to the Client within 7 business days of settlement.
• Clauses on Confidentiality (Section 6), Intellectual Property (Section 5), Limitation of Liability (Section 7), Indemnification (Section 13), and Dispute Resolution (Section 14) survive termination.
11. Force Majeure
Neither party shall be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, epidemic, natural disasters, war, civil unrest, government action, labour disputes, internet or telecommunications outages, or failure of third-party platforms. The affected party must notify the other party in writing as soon as reasonably possible. If a force majeure event continues for more than 60 (sixty) consecutive days, either party may terminate the affected engagement with 15 (fifteen) days’ written notice, and EmploraX will refund fees for services not yet performed, less costs already committed.
12. Independent Contractor
EmploraX operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between EmploraX and the Client. EmploraX is solely responsible for its own personnel, tax obligations, and operational decisions. EmploraX personnel may work with other clients unless explicitly restricted by a signed non-compete agreement.
13. Indemnification
Each party ("Indemnifying Party") agrees to indemnify, defend, and hold harmless the other party and its officers, directors, employees, and agents ("Indemnified Party") from and against any claims, damages, liabilities, losses, and reasonable legal expenses arising from:
• (a) breach of these Terms or any SOW by the Indemnifying Party;
• (b) infringement of any third-party intellectual property or privacy rights caused by the Indemnifying Party;
• (c) gross negligence or wilful misconduct by the Indemnifying Party;
• (d) any misrepresentation made by the Indemnifying Party to the other.
The Indemnified Party will notify the Indemnifying Party promptly upon becoming aware of any such claim and will cooperate reasonably in the defence of it.
14. Dispute Resolution and Governing Law
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any SOW, or the breach, termination, or validity thereof, both parties will first attempt to resolve the matter amicably by written notice and good-faith negotiation within 30 (thirty) days of the notice date.
If the dispute remains unresolved after 30 days, it shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended), before a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Kolkata, West Bengal, India. The language of proceedings shall be English. The arbitral award shall be final and binding.
For matters not subject to arbitration and for enforcement of arbitral awards, the courts at Kolkata, West Bengal shall have exclusive jurisdiction.
15. Anti-Spam and Regulatory Compliance
The Client warrants that any contact lists, prospect data, or audience data provided to EmploraX for use in campaigns, outreach, or communications have been lawfully obtained and comply with all applicable anti-spam, data protection, and marketing regulations, including the Information Technology Act, 2000 and any applicable international laws (e.g., CAN-SPAM, GDPR, CASL, where relevant). The Client shall indemnify EmploraX against any claims arising from Client’s non-compliance with such laws.
16. General Provisions
• Amendments: No amendment to these Terms is valid unless agreed in writing and signed by authorised representatives of both parties. Notwithstanding this, EmploraX may update these Terms from time to time by posting the revised version on www.emplorax.com with an updated effective date. Continued use of the website or services after such posting constitutes acceptance of the revised Terms. For active engagements, material changes will be notified 14 days in advance.
• Severability: If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with any applicable SOW or Service Agreement, constitute the entire agreement between the parties with respect to the subject matter, and supersede all prior negotiations, representations, or agreements.
• Waiver: Failure or delay by either party to enforce any provision of these Terms shall not constitute a waiver of that party’s right to enforce it subsequently.
• Notices: All formal notices under these Terms must be given in writing by email to admin@emplorax.com (for notices to EmploraX) or to the Client’s registered email address on file. Notices are deemed received on the next business day after transmission.
• Assignment: The Client may not assign or transfer any rights or obligations under these Terms without EmploraX’s prior written consent. EmploraX may assign these Terms to a successor entity in connection with a merger, acquisition, or restructuring, provided the successor assumes all obligations hereunder.
17. Contact Us
For any queries related to these Terms, contact us at:
FunnelSaga Digital Private Limited (d.b.a. EmploraX)
85/2, Ibrahimpur Road, Jadavpur, Kolkata, West Bengal — 700032, India
Website: www.emplorax.com
Email: admin@emplorax.com
© 2026 FunnelSaga Digital Private Limited (d.b.a. EmploraX). All Rights Reserved.
EmploraX | www.emplorax.com | admin@emplorax.com