Terms & Conditions
This document is an electronic record in accordance with the Information Technology Act, 2000, and the applicable rules thereunder, including the amended provisions relating to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time, and sets out the Terms & Conditions governing access to and use of the website https://pscreativemedia.in ("Website"), including any related mobile website, applications, products, or services.
The Website is owned and operated by PS Creative Media, having its registered office at Gurnam Nagar, Amritsar, Punjab 143001 (hereinafter referred to as "Company", "PS Creative Media", "we", "our", or "us").
By accessing, browsing, or using this Website or engaging us for any service, you ("Client", "User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, Refund Policy, and any other policies published on this Website.
If you do not agree with these Terms, please discontinue using the Website and our Services immediately.
These Terms may be updated from time to time without prior notice. Your continued use of the Website or our Services after any modifications constitutes your acceptance of the revised Terms.
1. Acceptance of Terms
By accessing our website or engaging PS Creative Media ('Company', 'we', 'us') for any service, you ('Client', 'you') agree to be bound by these Terms of Service. If you do not agree, please do not use our services.
These Terms apply to all visitors, clients, and others who access or use our services. We reserve the right to update these Terms at any time. Continued use of our services after changes constitutes acceptance.
2. Services
PS Creative Media provides digital marketing services including but not limited to: social media management, paid advertising (Meta Ads, Google Ads), SEO, content creation, video production, personal branding, influencer marketing, and web development.
The specific scope of services, deliverables, timelines, and fees for each engagement are defined in a separate Service Agreement or Statement of Work (SOW) signed by both parties. These Terms of Service govern all such engagements.
We reserve the right to refuse service to anyone for any reason at any time.
3. Client Responsibilities
You agree to: (a) provide accurate, complete, and timely information required for us to deliver services; (b) grant necessary access to ad accounts, social media profiles, websites, and other platforms; (c) review and approve content within agreed timelines; (d) designate a primary point of contact for communication.
Delays caused by the Client's failure to provide required information, approvals, or access may result in timeline extensions and additional charges. We are not liable for performance issues arising from Client delays.
You represent that you have the legal right to use all materials, trademarks, and content you provide to us, and that such use does not infringe any third-party rights.
4. Payment Terms
Fees: Service fees are as agreed in the Service Agreement. All fees are in Indian Rupees (INR) unless otherwise specified.
Payment schedule: Unless otherwise agreed, a 50% advance is required before work commences, with the balance due upon completion or as per the agreed milestone schedule.
Ad spend: Ad spend (Meta, Google, etc.) is separate from our management fees. Clients are responsible for funding their own ad accounts directly. We manage the campaigns on your behalf.
Late payments: Invoices unpaid after 15 days of the due date may incur a late fee of 2% per month. We reserve the right to pause services for accounts with outstanding balances.
Refunds: Approved refunds, where applicable, shall be processed through the original payment method within 7–14 business days.
Payment Terms: Payments processed through PhonePe or any third-party payment gateway are subject to the terms and policies of the respective payment service provider.
5. Intellectual Property
Client-owned content: Upon full payment, all creative deliverables produced specifically for you (graphics, videos, copy) become your property.
Our tools and processes: Our proprietary methodologies, templates, tools, and processes remain our intellectual property. You receive a licence to use deliverables but not our underlying systems.
Portfolio rights: We reserve the right to showcase work produced for you in our portfolio, case studies, and marketing materials, unless you request confidentiality in writing.
Third-party assets: Stock images, fonts, music, and other licensed assets used in your deliverables are subject to their respective licences. We will inform you of any usage restrictions.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, financial data, client lists, and campaign performance data.
This obligation survives termination of the engagement for a period of 2 years. It does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
7. Performance and Results
Digital marketing results depend on many factors outside our control, including platform algorithm changes, market conditions, competition, ad spend levels, and the quality of your product or service.
We do not guarantee specific results such as a particular number of leads, followers, sales, or rankings. We commit to applying our best expertise, proven processes, and diligent effort to achieve your goals.
Any projections or estimates provided are based on historical data and industry benchmarks and are not contractual commitments.
8. Term and Termination
Term: Engagements begin on the date specified in the Service Agreement and continue for the agreed period.
Termination by Client: You may terminate with 30 days' written notice. Fees for work completed or in progress up to the termination date remain payable.
Termination by us: We may terminate immediately if you breach these Terms, fail to pay, or engage in conduct that is illegal, unethical, or harmful to our reputation.
Effect of termination: Upon termination, we will provide you with all completed deliverables and transfer any accounts or assets in our control. Outstanding invoices become immediately due.
9. Limitation of Liability
To the maximum extent permitted by law, PS Creative Media's total liability for any claim arising from our services shall not exceed the total fees paid by you in the 3 months preceding the claim.
We are not liable for: indirect, incidental, or consequential damages; loss of profits or revenue; loss of data; or damages arising from third-party platform changes, outages, or policy violations.
We are not responsible for the performance of third-party platforms (Meta, Google, Instagram, etc.) or changes to their algorithms, policies, or pricing.
The Company shall not be liable for payment gateway failures, banking errors, transaction delays, or failures caused by third-party service providers.
10. Indemnification
You agree to indemnify and hold harmless PS Creative Media, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: your breach of these Terms; your violation of any third-party rights; content or materials you provide to us; or your use of our deliverables in a manner not authorised by these Terms.
11. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, governmental actions, war, strikes, pandemics, or failures of third-party service providers.
12. Governing Law and Disputes
These Terms are governed by the laws of India. Any disputes shall first be attempted to be resolved through good-faith negotiation.
If negotiation fails, disputes shall be submitted to binding arbitration in Amritsar, Punjab, India, under the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.
13. Contact
For questions about these Terms, contact us at:
Business Name: PS Creative Media
Address: Gurnam Nagar, Amritsar, Punjab 143001
Email: [email protected]
Phone: +91 84371 38413
Website: pscreativemedia.in