Terms of Service
Last updated 27 October 2026
These Terms of Service (“Terms”) govern your use of themerc.design and any service you buy from MercMetrics Creative Consultants LLP, which trades as The Merc (“The Merc”, “we”, “us”). By using this website, booking a call, accepting a proposal or paying for a service, you agree to these Terms.
If you have signed a proposal, statement of work or agreement with us, that document takes priority wherever it differs from these Terms.
1. Who we are
MercMetrics Creative Consultants LLP is a limited liability partnership registered in India (LLPIN ABC-9479). Registered office: 71/241, Sector 7, Pratap Nagar Housing Board, Pratap Nagar, Sanganer, Jaipur, Rajasthan 302033, India.
2. Our services
The Merc is a marketing and design studio. We design brands, websites, products and marketing assets for B2B companies, and help them grow through search and AI search. We work in three ways:
Fixed-scope projects: a defined set of deliverables, timeline and price, agreed in a proposal before work starts.
Monthly retainers and subscriptions: ongoing design and marketing support, billed monthly in advance.
The AI Shortlist Sprint: a fixed-price service in which we write, design and build one specialty page on your website, with technical fixes, structured data and a 30-day re-check report. Its price and scope are shown on its service page.
3. Prices and taxes
International clients are billed in US dollars (USD). Clients based in India are billed in Indian rupees (INR), plus Goods and Services Tax (GST) at the applicable rate, and receive a GST-compliant tax invoice.
Unless a quote says otherwise, it is valid for 30 days. Bank charges, currency conversion costs and any withholding taxes in your country are your responsibility.
4. Payment
Fixed-scope projects: 50% of the project fee is due before work starts, and the remaining 50% on delivery, before final files are handed over.
Retainers and subscriptions: billed monthly in advance, on the same date each month.
AI Shortlist Sprint: paid in full, upfront.
You can pay by card through Stripe or by bank transfer. Invoices are due within 7 days of issue. If an invoice is overdue, we may pause work until it is paid, and the timeline moves by the same number of days.
5. What we need from you
Good work depends on timely input. You agree to provide the content, feedback, approvals and access we ask for, and to make sure you have the right to use any material you give us. Days we spend waiting on your input or approval do not count towards any agreed timeline.
6. Revisions
Each deliverable includes two rounds of revisions. Further rounds, or changes to the agreed scope, are billed at the rate in your proposal, and we always confirm the cost with you before starting them.
The AI Shortlist Sprint includes one round of revisions on the copy and one on the design.
7. Timelines
Timelines in proposals are estimates based on receiving complete inputs on time. For the AI Shortlist Sprint, your page goes live within 7 working days of us receiving your complete inputs, not counting days spent waiting on you.
8. Ownership of the work
Once you have paid in full, you own the final deliverables we create for you. Until then, they remain ours.
We keep ownership of our own tools, templates, methods, know-how and any concepts you did not choose. Where any of these are built into your deliverables, you receive a permanent licence to use them as part of that work.
Fonts, stock images, plugins and other third-party assets are licensed under their own terms. They are bought by you, or on your behalf at your cost.
9. Showing our work
We may show the work we do for you in our portfolio and marketing, and name you as a client, unless you ask us not to in writing or an NDA says otherwise.
10. Confidentiality
We each keep the other’s non-public business information confidential and use it only for the work. This does not apply to information that is already public or that the law requires us to disclose.
11. Access to your accounts
When you give us access to your website, CMS, analytics or search tools, we use it only for the agreed work. When the work ends, we stop using it, and we ask you to remove our access or remove it ourselves.
12. No guaranteed results
Search engines and AI assistants such as ChatGPT, Claude, Perplexity and Gemini decide their own results, and their answers change over time. We do not guarantee rankings, recommendations by any AI tool, leads, revenue or results by a certain date. We guarantee the work we agree to deliver.
13. Cancellations and refunds
How cancellations and refunds work for each service is set out in our Cancellation & Refund Policy at themerc.design/refund-policy, which forms part of these Terms.
14. Limitation of liability
To the extent the law allows, our total liability for any claim relating to our services is limited to the fees you paid us in the three months before the claim arose. We are not liable for indirect or consequential losses, such as lost profits, revenue, data or business opportunities. Nothing in these Terms limits liability that cannot be limited under Indian law.
15. Third-party services
We use third-party services such as Stripe, Cal.com, Framer and Google Workspace to run our business. Their use is subject to their own terms, and we are not responsible for their availability or performance.
16. Changes to these Terms
We may update these Terms from time to time. The date at the top shows the latest version. Work already under way continues on the Terms that applied when it started.
17. Governing law and disputes
These Terms are governed by the laws of India. If a dispute arises, we will first try to resolve it in good faith for 30 days. If it is not resolved, the courts at Jaipur, Rajasthan have exclusive jurisdiction.
18. Contact and grievance officer
Nitin Mathur, Designated Partner and Grievance Officer
MercMetrics Creative Consultants LLP (LLPIN ABC-9479), 71/241, Sector 7, Pratap Nagar Housing Board, Pratap Nagar, Sanganer, Jaipur, Rajasthan 302033, India
Email: [email protected] · Phone: +91 90794 44831
We acknowledge every complaint within 48 hours and aim to resolve it within one month of receiving it.