Terms & Conditions

Terms & Conditions for Subscription Services

Last Updated: 15th August 2024

This Terms & Conditions ("T&C") document outlines the agreement between CRAFFORDS INDIA PRIVATE LIMITED ("Company," "we," "us," or "our") and the subscriber ("Client," "you," or "your"). By subscribing to our marketing services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully before signing.

Definitions

  • Service: Refers to the marketing services provided by the Company as outlined in the subscription plan selected by the Client.
  • Subscription Plan: The specific package of services selected by the Client, including the Starters, Growth, Pivot, or Consult Program.
  • Deliverables: The tangible results or output of the Services, including but not limited to social media posts, blogs, videos, and reports.
  • Subscription Term: The duration for which the Client has subscribed to the Service, as indicated in the Subscription Plan.

Subscription Term and Renewal

  • Term: The initial term of the subscription is based on payment plan chosen and advance paid, commencing on the date the Client signs the agreement.
  • Automatic Renewal: Unless otherwise stated, the subscription will automatically renew for successive terms equal in duration to the initial term, unless terminated in accordance with Section 9.
  • Renewal Notification: The Company will notify the Client 15 days before the renewal date.

Payment Terms

  • Fees: The Client agrees to pay the fees associated with the selected Subscription Plan, as specified in the plan details.
  • Payment Schedule: Payments are due in advance, either quarterly or monthly, depending on the Client's selected payment option.
  • Discount for Quarterly Payment: Clients opting to pay quarterly in advance will receive a 18% discount on the subscription fees.

Scope of Services

  • Deliverables: The Company will provide the services and deliverables as outlined in the selected Subscription Plan.
  • Revisions: The Client is entitled to 2 revisions per deliverable, provided that the revision request is made within 2 days of delivery.
  • Additional Services: Any services outside the scope of the selected Subscription Plan will be billed separately at the Company’s standard rates.
  • Client Responsibilities: The Client agrees to provide all necessary information, materials, and approvals required for the Company to deliver the services in a timely manner.

Intellectual Property Rights

  • Ownership: The Company retains ownership of all intellectual property rights related to the methodologies, techniques, and processes used in delivering the Services.
  • License: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the Deliverables for their business purposes.
  • Third-Party Materials: Any third-party materials incorporated into the Deliverables will be subject to the respective third-party’s terms and conditions.

Confidentiality

  • Confidential Information: Both parties agree to keep confidential any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential.
  • Exclusions: Confidential Information does not include information that is publicly available, independently developed without access to the other party’s confidential information, or rightfully received from a third party without obligation of confidentiality.
  • Use of Confidential Information: Neither party will use the other’s Confidential Information for any purpose other than performing its obligations under this Agreement.

Performance and Warranty

  • Performance Standards: The Company will perform the Services with reasonable care, skill, and diligence in accordance with industry standards.
  • No Assurance of Specific Outcomes: The Client acknowledges that the effectiveness of marketing efforts is subject to various factors, many of which are beyond the Company’s influence. While the Company commits to delivering services with diligence and expertise, it cannot guarantee any specific outcomes or results from the Services provided.
  • Warranty: The Company warrants that the Services will be performed in a professional manner. The Client must notify the Company of any deficiencies within 2 days of delivery, and the Company will correct such deficiencies at no additional charge.

Refund Policy: All fees paid for the selected subscription period are non-refundable. The Client acknowledges and agrees that once payment is made, the subscription period is considered committed, and no refunds, partial or full, will be provided for any reason, including but not limited to early termination, cancellation, or dissatisfaction with the Services.

Support and Service Limitations: The Client acknowledges that the support services provided under the selected Subscription Plan are bound by the scope of work and the allocated hours of support as detailed in the plan. Should the Client require additional support beyond the allocated hours or outside the defined scope of work, the Company will provide such support at its discretion. In such cases, the Client may choose to either upgrade to a higher-tier service plan that accommodates the additional requirements or agree to be billed separately for the extra support hours at the Company’s standard hourly rates. The Company will notify the Client in advance if their requests exceed the scope or hours, allowing the Client to make an informed decision.

Limitation of Liability

  • No Indirect Damages: The Company will not be liable for any indirect, incidental, or consequential damages arising out of or related to this Agreement.
  • Cap on Liability: The Company’s total liability under this Agreement will not exceed the total fees paid by the Client for the Services during the 1-month period preceding the event giving rise to the claim.
  • Force Majeure: The Company will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, labour disputes, and governmental actions.

Termination

  • Termination by Client: The Client may terminate this Agreement by providing 30 days’ written notice before the end of the current Subscription Term. Termination will be effective at the end of the current term.
  • Termination by Company: The Company may terminate this Agreement for cause if the Client breaches any material term and fails to cure such breach within 30 days of receiving written notice.
  • Effect of Termination: Upon termination, the Client will immediately pay any outstanding fees. The Client’s right to use the Deliverables ceases immediately unless otherwise agreed upon in writing.
  • Survival: The provisions related to Confidentiality, Intellectual Property, Limitation of Liability, and Payment will survive the termination of this Agreement.

Dispute Resolution

  • Negotiation: The parties agree to first attempt to resolve any dispute arising out of this Agreement through good faith negotiations.
  • Arbitration: If the dispute cannot be resolved through negotiation, it will be submitted to binding arbitration in accordance with the rules under the Arbitration and Conciliation Act, 1996. The arbitration will take place in Gurugram, HR India, and the decision of the arbitrator will be final and binding.
  • Governing Law: This Agreement will be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Miscellaneous

  • Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.
  • Assignment: The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications.
  • Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • Notices: Any notice required or permitted to be given under this Agreement must be in writing and delivered to the other party at the address specified in this Agreement.
  • Portfolio and Showcase Use: The Client grants the Company the right to use the Deliverables created under this Agreement for promotional purposes, including but not limited to showcasing the work in the Company’s portfolio, website, marketing materials, and presentations. The Company agrees not to disclose any confidential or proprietary information related to the Client without prior written consent.

Acknowledgment:

By signing below, the Client acknowledges that they have read, understood, and agree to the terms and conditions outlined above.