Terms of Service

Brand Strategy: Comprehensive brand positioning, messaging frameworks, visual identity development, brand architecture, and strategic planning to establish or evolve market presence.

Creative Design: Graphic design, UI/UX design, motion graphics, visual storytelling, and multi-format creative assets across print, digital, and environmental applications.

Digital Marketing: Campaign strategy and execution across digital channels including social media, search marketing, email marketing, content marketing, and performance advertising.

Content Production: Copywriting, video production, photography, podcasting, and multimedia content creation tailored to audience needs and platform requirements.

Consulting & Advisory: Strategic counsel on marketing operations, team structure, vendor relationships, technology selection, and organizational capability building.

Accurate Information: You shall provide accurate, complete, and current information necessary for the provision of Services. This includes business details, contact information, project requirements, brand materials, access credentials, and any other information reasonably requested. You are responsible for ensuring that all information you provide does not infringe upon third-party rights.

Timely Feedback & Approvals: You commit to providing timely feedback, decisions, and approvals at each stage of the project as outlined in the Project Agreement. Delays in client responses may impact project timelines, deliverable quality, and associated costs. We will provide reasonable notice when awaiting your input becomes critical to project progress.

Payment Obligations: You agree to pay all fees as specified in the Project Agreement within the stated timeframes. Late payments may incur interest charges and may result in suspension of work until payment is received. All fees are non-refundable unless otherwise specified in writing.

Content Ownership Representations: You represent and warrant that any materials, content, data, or information you provide to us for use in connection with the Services does not infringe upon any third-party intellectual property rights, privacy rights, or other legal rights, and that you have all necessary rights and permissions to grant us the license to use such materials as required for the Services.

Cooperation: You shall designate a primary point of contact with authority to make decisions and provide necessary resources, including timely access to stakeholders, subject matter experts, and internal systems as reasonably required for project execution.

Brief Submission: Projects begin with submission of a project brief outlining objectives, scope, timeline considerations, budget parameters, and relevant context. We may request additional information or clarification before proceeding to proposal development.

Proposal & Scoping: Based on the brief, we develop a detailed proposal including scope definition, deliverables, timeline, milestones, pricing, terms, and any assumptions or exclusions. The proposal forms the basis of the Project Agreement upon mutual acceptance.

Approval Process: Each major phase or milestone typically includes a formal review and approval checkpoint. Approval signifies acceptance of the deliverable as meeting agreed specifications and authorizes progression to subsequent phases. Requests for changes after approval are addressed through our revision policy.

Revisions Policy: Project Agreements include a specified number of revision rounds for each deliverable type. Revisions beyond the included rounds may incur additional fees at our then-current rates. Revisions must be requested within thirty (30) days of deliverable delivery unless otherwise agreed. Substantive scope changes require amendment to the Project Agreement with corresponding adjustments to timeline and fees.

Client Ownership of Final Deliverables: Upon full payment of all fees, you receive ownership of final approved deliverables specifically created for your project, including designs, copy, strategies, and other custom materials. This ownership is subject to SnapComm's retained rights described below.

SnapComm's Retained Rights: SnapComm retains all rights to our proprietary methodologies, processes, tools, templates, frameworks, and general know-how, regardless of their application in your project. We retain ownership of all preliminary concepts, exploratory work, and alternative versions not incorporated into final deliverables. We also retain rights to any underlying code, software, or technical infrastructure developed or utilized in service delivery.

Portfolio & Marketing Rights: SnapComm reserves the right to display completed work in our portfolio, case studies, marketing materials, award submissions, and public communications unless expressly prohibited by confidentiality provisions in the Project Agreement. We will seek your approval before using your name, logo, or confidential business information in external communications.

Third-Party Materials: If third-party licensed materials (fonts, stock imagery, music, etc.) are incorporated into deliverables, your use is subject to the respective license terms. We will inform you of any licensing requirements or restrictions applicable to such materials.

Work-for-Hire: Unless otherwise specified in the Project Agreement, Services are performed on a service basis rather than work-for-hire, with intellectual property rights transferring upon payment as described herein.

Deposit Requirements: Most projects require an initial deposit before work commences, typically ranging from 25% to 50% of the total project fee depending on scope and duration. The deposit secures your place in our production schedule and demonstrates commitment to the engagement.

Milestone Payments: For larger projects, fees are structured around milestone achievements. Each milestone payment is due upon completion and delivery of the preceding phase's deliverables, before commencement of subsequent phases. Milestone schedules are detailed in the Project Agreement.

Final Payment: The balance of project fees is due upon completion of all deliverables and before release of final files or transfer of full intellectual property rights. Work product may be watermarked or otherwise restricted until final payment is received.

Late Payment Policy: Invoices not paid within thirty (30) days of the due date are considered overdue and may accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. We reserve the right to suspend work on overdue accounts until payment is received in full.

Expense Reimbursement: Out-of-pocket expenses incurred on your behalf (travel, stock licenses, printing, third-party services, etc.) are billed at cost plus a reasonable handling fee where applicable, with prior approval for expenses exceeding agreed thresholds.

Definition of Confidential Information: "Confidential Information" includes all non-public business information disclosed by either party, including but not limited to: financial data, customer lists, trade secrets, business plans, marketing strategies, pricing information, technical specifications, and any information marked as confidential or that would reasonably be understood to be confidential given its nature and context of disclosure.

Obligations: Each party agrees to: (a) hold Confidential Information in strict confidence; (b) use Confidential Information only for purposes of the engagement; (c) restrict disclosure to employees and contractors with a need to know who are bound by similar confidentiality obligations; (d) protect Confidential Information with the same degree of care used to protect its own confidential information (but no less than reasonable care); and (e) promptly notify the disclosing party of any unauthorized disclosure or breach.

Exceptions: Confidentiality obligations do not apply to information that: (a) is or becomes public knowledge through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; (d) is received from a third party without restriction; or (e) disclosure is required by law or legal process (with prompt notice to the disclosing party where legally permitted).

Duration: Confidentiality obligations survive termination of the engagement for a period of three (3) years, except for trade secrets which remain protected indefinitely under applicable law.

Service Disclaimer: Our Services are provided on an "as-is" and "as-available" basis. While we strive for excellence in everything we do, we do not guarantee specific business results, outcomes, or performance metrics from our Services. Many factors affecting outcomes are outside our control, including market conditions, competitive actions, implementation decisions, and external events.

Liability Cap: Our total aggregate liability arising out of or related to any engagement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you for the specific Services giving rise to the claim during the twelve (12) months preceding the claim. This limitation applies to all claims, damages, losses, and causes of action.

Exclusion of Consequential Damages: In no event shall either party be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.

No Liability for Third-Party Actions: We are not responsible for actions, errors, omissions, or conduct of third parties, including but not limited to media vendors, technology platforms, hosting providers, or other service providers engaged in connection with your project.

Client Indemnification for Content: You agree to indemnify us against claims arising from content, materials, or instructions you provide that allegedly infringe third-party rights or violate applicable laws.

Termination for Convenience: Either party may terminate the engagement upon thirty (30) days' written notice. Upon termination for convenience: (a) you shall pay for all work completed through the effective termination date; (b) you shall pay for committed costs and non-cancellable obligations incurred on your behalf; (c) we will deliver all work-in-progress in its current state; and (d) intellectual property rights transfer per Section 5 for completed, paid deliverables only.

Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches these Terms or the Project Agreement and fails to cure such breach within fifteen (15) days of written notice specifying the breach (or such longer cure period as may be reasonably required).

Termination for Insolvency: Either party may terminate immediately if the other party becomes insolvent, files for bankruptcy, makes an assignment for benefit of creditors, or has a receiver appointed over substantially all of its assets.

Effects of Termination: Upon termination: (a) all outstanding fees become immediately due and payable; (b) license rights to use SnapComm materials cease unless otherwise agreed; (c) certain confidentiality and indemnification obligations survive as specified; and (d) each party returns or certifies destruction of the other party's Confidential Information upon request.

Jurisdiction: Any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located in India, and both parties consent to personal jurisdiction in such courts.

Dispute Resolution: Before initiating formal legal proceedings, both parties agree to attempt good-faith resolution of disputes through direct negotiation for a period of at least thirty (30) days. If negotiation fails, parties may pursue mediation before resorting to litigation, unless urgent injunctive relief is required.

Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

Entire Agreement: These Terms, together with any applicable Project Agreement, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior negotiations, representations, warranties, and agreements between the parties.

Waiver: No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving party. The failure of either party to enforce any provision shall not constitute a continuing waiver of that provision or any other provision.