1. Acceptance of Terms

By accessing the website www.shivamadvtagencies.com (or associated domains), using our services, or engaging with Shivam Advt Agencies (“Company”, “we”, “us”, “our”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our website or services. These Terms apply to all visitors, clients, vendors, and collaborators.

2. Our Services

Shivam Advt Agencies provides creative advertising, graphic design, digital marketing, video production, print advertising, web development, brand strategy, and related consulting services. All deliverables, timelines, and pricing will be outlined in a separate Service Agreement, Proposal, or Statement of Work (SOW) signed by both parties. In case of conflict between these Terms and a signed SOW, the SOW shall prevail.

3. Intellectual Property Rights

3.1 Ownership of Final Work: Upon full payment for a specific project, all final deliverables (designs, logos, videos, website code, etc.) created specifically for the client shall be owned by the client. Shivam Advt Agencies retains the right to display the work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

3.2 Pre-existing Materials & Third-Party Assets: Any fonts, stock images, music, or software licensed from third parties remain under their respective licenses. Clients are responsible for ensuring they have appropriate rights for any materials they provide. We may use royalty-free or licensed assets; restrictions will be communicated.

3.3 Our Tools & Concepts: Preliminary concepts, proposals, strategies, and source files (e.g., working PSDs, raw video footage) remain our intellectual property unless specifically transferred via a separate agreement. Revisions and final files will be delivered per project scope.

4. Payments, Fees & Refunds

• Pricing: All fees are quoted in Indian Rupees (INR) unless stated otherwise. Taxes (GST as applicable) will be added as required by law.
• Deposits: A 50% advance payment is typically required before commencing any project. Remaining 50% is due upon final approval before delivery of high-resolution files or launch.
• Late Payments: Invoices unpaid after 15 days of due date may incur a late fee of 2% per month. We reserve the right to pause work until payment is settled.
• Refund Policy: Due to the custom nature of creative services, all sales are final. However, if we fail to deliver the agreed scope or there is a material breach, we may offer a partial refund at our discretion. No refunds for change of mind or third-party platform fees (e.g., ad spend).

5. Client Responsibilities & Approvals

To ensure timely delivery, clients agree to:

• Provide accurate, complete, and lawful content, text, images, and brand guidelines.
• Designate a single point of contact for feedback and approvals.
• Respond to revision requests or queries within 5 business days; otherwise, the project may be considered approved as-is, and additional changes may incur extra charges.
• Obtain necessary permissions and consents for any user data, testimonials, or third-party materials shared with us.

6. Revisions & Change Requests

Each project includes a specified number of revision rounds (as per SOW). Additional revisions beyond the agreed scope will be billed at our standard hourly rate of ₹1,500/hour or a flat fee depending on complexity. Major scope changes require a new estimate and mutual written agreement.

7. Limitation of Liability

To the maximum extent permitted by law, Shivam Advt Agencies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or reputational harm arising from use of our services. Our total aggregate liability for any claim related to our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim. We do not guarantee specific business results (e.g., sales increase, rankings) from advertising campaigns, though we strive for excellence.

8. Indemnification

You agree to indemnify and hold harmless Shivam Advt Agencies, its employees, directors, and partners from any claims, damages, losses, or expenses (including legal fees) arising out of: (a) your violation of these Terms, (b) your use of materials or content that infringes any third-party rights, (c) any misuse of our deliverables, or (d) your breach of applicable laws.

9. Cancellation & Termination

Either party may terminate a project by providing written notice. If client terminates before completion, we will deliver all work completed up to the termination date, and client will pay for work performed plus any non-cancellable third-party costs. Deposits are non-refundable in case of voluntary cancellation. We reserve the right to suspend or terminate access to our website or services for violations of these Terms, fraud, or abusive conduct.

10. Confidentiality

Both parties agree to treat as confidential all non-public information, business strategies, client lists, and proprietary creative concepts shared during the engagement. This obligation survives termination of these Terms. We will not disclose your confidential information to any third party except as necessary to perform services or as required by law.

11. Third-Party Platforms & Tools

We may use third-party tools such as Google Ads, social media platforms, project management software, or stock media sites. You agree to comply with the respective terms of those platforms. We are not responsible for outages, data loss, or policy changes of third-party services. Any advertising spend (e.g., Google Ads budget) is your responsibility unless otherwise agreed in writing.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms or our services shall be first attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to exclusive jurisdiction of the courts in Mumbai, Maharashtra. The prevailing party in any legal action shall be entitled to reasonable legal fees and costs.

13. Modifications to Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or industry standards. The most current version will be posted on this page with the effective date. Continued use of our website or services after changes constitutes acceptance. For ongoing projects, material changes will be communicated directly.

14. Entire Agreement & Severability

These Terms, together with any signed SOW or proposal, constitute the entire agreement between you and Shivam Advt Agencies regarding the subject matter hereof. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15. Contact Information

For questions, breach notifications, or to request a signed service agreement, please contact:

• Email: legal@shivamadvtagencies.com or support@shivamadvtagencies.com
• Phone: +91 97655 41507
• Address: Shivam Advt Agencies, Creative Studio, Andheri East, Mumbai - 400069, India