Terms & Conditions

01 Definitions

• "Agency" / "We" / "Us": Magical Illusions, the digital marketing agency operating at magicalillusions.shop.
• "Client" / "You": Any individual or business entity that accesses our website or engages our services.
• "Services": All digital marketing services offered by Magical Illusions, including but not limited to performance advertising, SEO, social media management, WhatsApp marketing, and brand strategy.
• "Agreement": These Terms & Conditions, together with any signed service contract, proposal, or statement of work.
• "WhatsApp Business API": The API provided by Meta Platforms, Inc. through which we deliver WhatsApp marketing services.
• "End Users": The individuals to whom WhatsApp messages, ads, or other content are delivered as part of client campaigns.

02 Services

Magical Illusions provides full-service digital marketing. The specific scope of services will be as agreed in a written proposal, contract, or statement of work. These Terms apply broadly to all engagements.

We reserve the right to:

• Modify, suspend, or discontinue any service at our discretion with reasonable notice.
• Refuse service to any entity that violates these Terms, applicable laws, or platform policies (including Meta's policies).
• Subcontract any part of our services to qualified third parties while remaining responsible for delivery.

03 WhatsApp Marketing – Specific Terms

Where we provide WhatsApp Business API marketing services, the following additional terms apply. These are in line with WhatsApp's Business Policy and Meta's Platform Terms.

3.1 Consent Requirements

The client is solely responsible for ensuring that all end users to whom WhatsApp messages are sent have provided clear, explicit, prior opt-in consent. Clients must:

• Maintain documented records of all end-user consents (date, method, and phone number).
• Ensure opt-in language clearly identifies that the user will receive WhatsApp messages from the business.
• Only provide us with phone numbers belonging to users who have consented.
• Not import purchased, rented, or scraped contact lists.

3.2 Prohibited WhatsApp Content

Clients may not use our WhatsApp services to send messages that:

• Contain spam, misleading, or deceptive content.
• Promote illegal products, services, or activities.
• Include content prohibited by WhatsApp's Commerce Policy (e.g., alcohol, tobacco, adult content, gambling, without applicable approvals).
• Harass, threaten, or discriminate against individuals.
• Violate any applicable data protection or consumer protection law.
• Are sent to users who have opted out or requested removal.

3.3 Opt-Out Compliance

Clients must ensure that all WhatsApp campaigns include a clear opt-out mechanism. When an end user opts out (e.g., replies "STOP"), the client must immediately cease further messaging to that individual and update their contact database accordingly.

3.4 Template Approval

All WhatsApp message templates must be submitted and approved by Meta before use. We assist with this process, but the client is responsible for ensuring template content complies with WhatsApp's guidelines. Unapproved templates may be rejected or result in account suspension.

3.5 Account Responsibility

If a client's WhatsApp Business Account is flagged, quality-rated, or suspended by Meta due to end-user complaints, policy violations, or high opt-out rates, we are not liable for any resulting service disruption. The client remains responsible for the quality and compliance of their messaging.

04 Client Obligations

As a client, you agree to:

• Provide accurate, complete, and current information required to deliver the services.
• Cooperate with our team, provide timely approvals, and respond to requests within agreed timelines.
• Ensure that all materials, content, and data you provide are legally owned or properly licensed by you.
• Not request services that violate applicable laws, platform policies, or third-party rights.
• Keep login credentials, API keys, and access tokens confidential.
• Notify us promptly of any changes in business details that may impact campaign delivery.

05 Payment Terms

• Fees are as agreed in the service proposal or contract and are payable in advance unless otherwise stated.
• Invoices are due within 7 days of issuance unless a different schedule is agreed in writing.
• Late payments may attract interest at 2% per month on outstanding balances.
• We reserve the right to pause or terminate services for accounts with payments overdue by more than 14 days.
• All fees are exclusive of applicable taxes (e.g., GST) unless otherwise specified.
• Refunds are not provided for work already completed or for ad spend deployed to third-party platforms.

06 Intellectual Property

Our IP: All proprietary tools, methodologies, templates, and processes developed by Magical Illusions remain our exclusive intellectual property.

Deliverables: Upon full payment, clients receive ownership of the final deliverables (e.g., ad creatives, copy, reports) as agreed in the contract. Intermediate drafts and working files remain our property.

Client IP: You retain ownership of all materials, trademarks, and content you provide to us. You grant us a limited licence to use these solely for delivering the agreed services.

Portfolio Use: Unless otherwise agreed in writing, we reserve the right to reference the client relationship and use non-confidential campaign results in our portfolio and marketing materials.

07 Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes but is not limited to:

• Business strategies, financial data, and customer lists.
• Campaign performance data and analytics.
• API keys, login credentials, and technology systems.

Confidentiality obligations survive termination of the engagement for a period of 2 years.

08 Limitation of Liability

To the maximum extent permitted by law:

• Our total cumulative liability for any claim arising out of or relating to our services shall not exceed the total fees paid by you in the 3 months preceding the claim.
• We are not liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, or data.
• We are not responsible for the performance or policies of third-party platforms (Meta, Google, WhatsApp, etc.) including ad rejections, account suspensions, or algorithm changes.
• Campaign performance projections are estimates only and do not constitute guarantees of specific results.

09 Warranties & Disclaimers

We warrant that our services will be performed with reasonable care and skill. We do not warrant:

• That our services will meet every specific outcome or goal you have in mind beyond what is agreed in writing.
• That third-party advertising platforms will approve all ads or maintain consistent policies.
• That ranking improvements from SEO will occur within a specified timeframe.

Our website is provided "as is" without warranties of any kind regarding accuracy, completeness, or fitness for a particular purpose.

10 Termination

By the Client: You may terminate services with 30 days' written notice. Fees for work completed up to the notice date remain payable.

By us: We may terminate with 30 days' written notice, or immediately if:

• You breach these Terms or applicable platform policies.
• You engage in fraudulent, illegal, or abusive behaviour.
• Payment remains outstanding for more than 30 days despite reminders.

Upon termination, we will provide all completed deliverables and relevant access credentials. Confidentiality and IP clauses survive termination.

11 Governing Law

These Terms are governed by the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in India. We encourage resolution through good-faith negotiation before initiating formal proceedings.

12 Changes to Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

13 Contact

For questions about these Terms, reach us at: