Terms & Conditions

Executive Summary: KreativSight is a creative digital marketing and web development agency (described as a “full-service Digital Marketing Agency”). These Terms & Conditions govern client engagements and cover the scope of services, deliverables, client and agency obligations, payment terms, cancellation/refund policies, and legal issues like intellectual property rights, confidentiality, warranties, and dispute resolution. Key points include the client’s payment obligations (via methods [INSERT PAYMENT METHODS]) and the usual “work-for-hire” transfer of final deliverables to the client upon full payment. Unspecified details (e.g. exact payment methods, jurisdiction) are marked with placeholders (e.g. [INSERT PAYMENT METHODS], [GOVERNING LAW: UNSPECIFIED]). Disclaimer: This is a general template, not legal advice. Consult a qualified attorney to ensure compliance with applicable laws and any jurisdiction-specific requirements.

Key Terms at a Glance:

Term	Summary
Payment Terms:	As agreed in proposal; invoices due as stated. [INSERT payment schedule/methods]
Refund/Cancellation:	Generally no refunds after work begins. Cancellation fees apply (see below).
IP Ownership:	Client owns final deliverables upon full payment; we retain rights to pre-existing materials.
Governing Law:	[GOVERNING LAW: UNSPECIFIED] (to be filled based on client location or preference)
Termination Notice:	[INSERT NOTICE PERIOD] days written notice required by either party

For context, digital marketing agreements typically define “Digital Services” to include offerings like SEO, paid media, social media, and website development. KreativSight’s own focus on conversion-driven websites and marketing campaigns is consistent with this industry practice.

Terms and Conditions

1. Scope and Acceptance

These Terms and Conditions (“Terms”) apply to all services provided by KreativSight (“Company”, “we”, “us” or “our”) to the client (“Client” or “you”). Your use of our services or payment of any invoice indicates your acceptance of these Terms. An “Agreement” arises when you sign a proposal or order form referencing these Terms or when we begin work on your project. All work performed and deliverables provided by us (the “Services” and “Deliverables”) are governed by these Terms.

2. Definitions

• Company/We/Us: KreativSight, a digital marketing and web development agency.
• Client/You: The person or entity receiving Services under these Terms.
• Services: The creative, development, and marketing tasks we perform for you, as described in a separate proposal or statement of work. This may include website design and development, SEO/SEM, content marketing, social media advertising, paid media campaigns, analytics setup, and other digital marketing activities. (For reference, typical “Digital Services” may include SEO, social media, paid media, web development, etc.)
• Deliverables: The tangible results of the Services we provide, such as website files, graphics, code, ad creative, reports, or other assets.
• Order/Proposal: A written document (quote, proposal, or agreement) detailing the specific Services and fees. These Terms are incorporated into any such agreement by reference.

3. Services and Deliverables

We will perform the Services and provide Deliverables as described in our proposal. This may include strategy (e.g. CRO strategy development, UX design), content creation (copywriting, graphics), technical work (website creation, analytics setup), and marketing implementation. We strive to meet agreed specifications and deadlines. Any changes to the scope, budget, or timeline must be documented in writing and may result in additional fees. Deliverables are provided in formats agreed with you (such as website code, image files, reports, etc.), and any source files or credentials will be delivered only upon full payment.

4. Client Obligations

You agree to:

• Provide timely feedback, approvals, materials, and access (e.g. website hosting login, branding assets) needed for us to perform the Services. Delays in your feedback may extend our timelines.
• Ensure any content or materials you provide (text, images, code, etc.) do not infringe third-party rights and that you have the necessary licenses or permissions.
• Communicate decisions or requests in writing (email or project management tools). We are not responsible for delays or errors caused by missing or late information from you.
• Act in good faith and comply with these Terms. You will not instruct us to engage in illegal activities (such as copyright infringement, unauthorized hacking, spam, or other prohibited content). If we learn of such a request, we may terminate the agreement immediately (see Section 14).

5. Payment Terms and Fees

• Fees: Our fees are set forth in the proposal. Typically, we require a deposit (for example, 50% of the project fee) to begin work, with the balance due on delivery of the final deliverables. For ongoing or retainer services, invoices may be issued monthly. All fees are in [INSERT CURRENCY] and do not include taxes unless stated.
• Invoices: We will invoice you according to the schedule in our agreement. Payment is due within [INSERT] days of the invoice date unless otherwise agreed. [INSERT PAYMENT METHODS, e.g. credit card, bank transfer, PayPal, etc.]. If you fail to pay by the due date, we may charge interest on late payments at [INSERT]% per month or the maximum allowed by law, plus any collection costs. We may suspend Services until payment is received.
• Expenses: You are responsible for out-of-pocket expenses we incur on your behalf (e.g. stock images, advertising spend, plugin licenses) if pre-approved in writing. Such expenses will be reimbursed or added to your invoice as agreed.
• Price Changes: If Services extend over time, we reserve the right to adjust rates with [INSERT] days’ notice. You may cancel affected Services if you do not agree to a rate increase (see Section 14).

6. Revisions and Approval

You will have the opportunity to review and request revisions to draft Deliverables. We typically allow up to [INSERT NUMBER] rounds of reasonable revisions per deliverable. Additional revisions or major changes beyond the agreed scope may incur extra fees. Once you approve a Deliverable in writing (email or signed document), the Deliverable will be considered final and any further changes may be billed as new work.

7. Refunds and Cancellations

• Refunds: Unless explicitly stated, we do not offer refunds after Services have commenced or Deliverables have been provided. Because our work is customized, cancellations (by either party) may incur charges for work completed up to the termination date.
• Cancellation by Client: You may cancel the project or ongoing Services by giving [INSERT NOTICE PERIOD] days’ written notice. Upon cancellation, you must pay for all work performed and expenses incurred up to the cancellation date, including any non-refundable commitments. Any deposit or prepaid fees will be applied to these amounts; any excess will be refunded to you. If a minimum term or commitment was agreed (e.g. for a marketing retainer), early termination may trigger a cancellation fee (for example, an amount equal to [INSERT]% of the remaining term).
• Termination for Cause: We may suspend or terminate Services immediately if you materially breach these Terms (including non-payment or illegal requests). In such case, you owe payment for all work done and costs incurred to date; unused prepayments (if any) may be forfeited.
• Termination by Company: We may also terminate (for convenience) by giving [INSERT NOTICE PERIOD] days’ notice. Upon any termination, we will deliver any completed work, and you must pay for all completed and in-progress work as of the termination date.

8. Intellectual Property and Licensing

• Client Ownership: Upon full payment of all fees, you acquire all rights, title, and interest in the final Deliverables we created specifically for you (subject to any third-party licenses described below). We treat Deliverables as “work made for hire” to the extent permissible. If any Deliverable cannot be categorized as work-for-hire, we hereby assign to you all intellectual property rights in that Deliverable. This transfer is conditioned on your full payment.
• Pre-existing Materials: We and our licensors retain ownership of any pre-existing intellectual property (such as code libraries, templates, tools, or designs) used to create the Deliverables. We grant you a perpetual, royalty-free license to use such materials solely within the Deliverables. You may not sell or redistribute our underlying tools or code beyond your own use.
• Open Source and Third-Party: Any open-source or third-party software included in Deliverables is subject to its own license (which we will disclose if applicable). You agree to comply with those licenses.
• Portfolio Use: We reserve the right to display Deliverables (or portions thereof) in our portfolio, on our website, or in case studies as examples of our work, unless you explicitly request confidentiality in writing.
• Client Materials: Any trademarks, logos, or copyrighted materials you provide remain your property. You grant us a license to use your materials solely to perform the Services.
• Guarantee of Originality: We represent that Deliverables will be original or properly licensed. To the extent third-party materials (photos, music, code, etc.) are incorporated, we will obtain appropriate licenses or permissions. We require you to indemnify us if your supplied content violates any third-party rights (see Section 12).

9. Confidentiality

• Company’s Obligations: We will treat as confidential any non-public information you provide (e.g. business plans, customer lists, trade secrets) and will not disclose it to third parties except as required to perform the Services or as required by law. This obligation continues after termination of the Agreement.
• Client’s Obligations: You agree to keep proprietary information in our proposals or reports confidential and not to copy or use it outside the scope of our agreement.
• Exceptions: Confidential information does not include information that is (a) publicly available without breach of this Agreement, (b) already known to the receiving party prior to disclosure, or (c) independently developed without reference to the other’s confidential information.
• Press Releases and Testimonials: Neither party will issue a public announcement or press release about the relationship without the other party’s consent. However, the Company may list the Client’s name on a list of clients and may seek a testimonial or quote for marketing use, subject to Client approval.

10. Warranties and Disclaimers

• Mutual Warranties: Each party warrants it has the legal right to enter the Agreement. We warrant that we will perform Services in a professional manner.
• No Guarantee of Results: Except for these express warranties, the Services are provided “AS IS.” We do not guarantee specific results (such as search engine rankings or business revenue increases). You acknowledge that marketing outcomes depend on many factors outside our control.
• Disclaimers: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that any website will be error-free or that security breaches will never occur. Our liability is governed by Section 11 below.

11. Limitation of Liability

Neither party will be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to the Services or this Agreement (including lost profits, business interruption, or data loss), whether in contract, tort, or otherwise, even if advised of the possibility of such damages. In all cases, our total liability to you for any claim under this Agreement will not exceed the total fees you have paid us in the [Insert last 12 months or total project fee] preceding the claim. These limitations apply to the fullest extent permitted by law. (Some jurisdictions do not allow limitations on liability for gross negligence or willful misconduct.)

12. Indemnification

• By Client: You agree to indemnify, defend, and hold harmless KreativSight and its officers, employees, and agents (“Indemnified Parties”) from any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Deliverables; (c) content or materials you supply that infringe a third party’s rights or violate any law; or (d) any defamatory, illegal, or harmful content in materials you provide.
• By Company: We will indemnify and hold you harmless from any claims that any Deliverables (excluding your materials) infringe a third party’s intellectual property rights, provided we are promptly notified in writing and given authority to defend or settle the claim. If such a claim occurs, we may (at our option) replace or modify the Deliverable to be non-infringing, or if that is not feasible, refund the fees paid for the infringing Deliverable. This is our sole liability for such claims.

13. Termination

• Termination for Convenience: Either party may terminate the Agreement at any time by providing [INSERT NOTICE PERIOD] days’ written notice to the other party. If you terminate, you pay for all Services rendered and costs incurred up to the termination date. If we terminate for convenience, we will refund any pre-paid fees for Services not yet performed.
• Termination for Cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within [INSERT, e.g. 10] days after written notice. If we terminate for your breach (including non-payment), you must pay for all work done to date.
• Effects of Termination: Upon termination, we will deliver completed work and any work-in-progress for which you have paid. We may delete or destroy any of your data remaining on our systems after 90 days. All provisions that by their nature should survive (such as IP ownership, confidentiality, indemnity, limitations of liability, and governing law) will survive termination.

14. Dispute Resolution and Governing Law

• Governing Law: These Terms are governed by the laws of [GOVERNING LAW: UNSPECIFIED], without regard to conflict of laws principles. (If you are in a different jurisdiction, substitute your local state/province or country law as needed.)
• Dispute Resolution: Any dispute arising out of or relating to these Terms shall be resolved by [INSERT: arbitration or litigation] in the applicable jurisdiction’s courts in [INSERT LOCATION]. The prevailing party in any legal action shall be entitled to reasonable attorney’s fees and costs. Both parties consent to the personal jurisdiction of these courts.
• Note: If local laws grant you additional rights (e.g. consumer protection), those will apply.

15. Privacy and Data Handling

• Privacy Policy: We respect your privacy and handle personal information according to our Privacy Policy (see Privacy Policy link). By using our Services, you agree to the terms of that policy.
• Data Collection: We may collect data about your usage of services (e.g. website traffic through Google Analytics) and contact details. We will not sell your personal data. You consent to the collection and use of this data to perform the Services. If you provide us with personal data about third parties (e.g. mailing list addresses), you warrant that you have the right to share this data and that it complies with applicable data protection laws.
• Cookies: Our website may use cookies or similar technologies for analytics and functionality. Our Privacy Policy (or a cookie notice) explains how we use cookies.
• Security: We will use reasonable technical and organizational measures to protect your data from unauthorized access, but we cannot guarantee absolute security. You are responsible for securing passwords and access to your accounts.

16. Third-Party Services and Links

• We may use third-party services (e.g. Google Ads, Facebook, MailChimp, hosting providers) in delivering our Services. You agree to the terms and privacy policies of those providers. We are not liable for the performance or failures of such third parties.
• If our website or Deliverables include links to external sites or tools, these are for convenience and do not imply our endorsement. We are not responsible for content or policies on any third-party sites.

17. User-Generated Content

If our website features any user comments or forums (currently unspecified), we disclaim responsibility for that content. You agree not to submit unlawful or infringing material. We reserve the right to remove any content that violates the above obligations or is objectionable.

18. Prohibited Uses

You shall not use our Services to create or distribute content that is illegal, defamatory, pornographic, harassing, infringing, or otherwise objectionable. We may refuse or terminate services if you request prohibited content or if delivering the content would violate any law or third-party right.

19. Modification of Terms

We may revise these Terms at any time. Revised terms will be posted on our website and become effective on the stated date. If a change materially affects your rights, we will notify you (e.g. by email or notice on the website). Your continued use of our Services after the effective date constitutes acceptance of the updated Terms.

20. Notices

All notices under these Terms must be in writing. Notices to us should be sent to va@kreativsight.com (or our registered address). Notices to you will be sent to the contact information you provided (email or postal mail). Electronic communications (email) are deemed effective when sent.

21. Severability

If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by an enforceable provision that most closely matches its intent.

22. Entire Agreement

These Terms, together with any signed proposal or order form, constitute the entire agreement between us and supersede all prior discussions and agreements (written or oral) regarding the Services. No other terms (including your terms or purchase order terms) apply unless agreed in writing.

23. Contact Information

If you have questions or concerns about these Terms, you can contact us at:

• KreativSight (Company)
• Address: Chintamani Building, Near Hill Park, Andheri West, Mumbai 400053, Maharashtra, India
• Email: va@kreativsight.com
• Phone: +91-917-917-8786

Thank you for choosing KreativSight. We look forward to a successful collaboration.