DIGITAL ASSETS AND PRODUCTS – Graphic design documents are downloadable files and no actual items will be shipped to you. Downloads are delivered upon confirmation of payment and due to the nature of the product and its delivery, no refunds are offered on completed projects. Should a request for work to be halted prior to completion of a project, a cancellation penalty may apply and will be assessed on a case-by-case basis. Down payments required to commence work on all projects are non-refundable.
We provide all prospective clients with access to an extensive portfolio to review prior to hiring us for project work to ensure comfortability with the quality of our work and to assess fit between our team and needed skill to execute the Website design. If you have any questions or concerns, please contact us prior to making a payment for our services.
Payments for custom design projects are made to us in increments as a courtesy to the client. Payment terms require 60% of total project costs to be paid upfront for commencement of work. The remaining 40% of payment is due upon Website launch. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Creative Nexus India and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
When adding new text and/or content to a page, the client is responsible for providing all text (in digital format) and images/photos unless content creation services delivered by Creative Nexus India are requested. Unused hours do not roll over to subsequent projects. Any used funds for pass-through expenses will be delivered to the client within 30 days of project completion and final reconciliation. No refunds are provided for unused hours. There are absolutely no refunds for any fees related to Website maintenance services. An administrative fee of $250 will be charged to the clients account for any late payments or declined credit card charges. You may cancel and renew without penalty provided 60-day notice via formal documented request. Creative Nexus India may terminate this agreement at any time with written notice to the client.
Customer understands, acknowledges, and agrees that Creative Nexus India has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s Website(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after commencement of plan to list and/or update Customer’s Website. Occasionally, search engines and directories will drop listings for no apparent or predictable reason.
SOCIAL MEDIA CAMPAIGNS and OTHER MARKETING SERVICES
Creative Nexus India is not responsible for changes made to Customer’s Web site by other parties that adversely affect the search engine or directory rankings of Customer’s Website.
For all social media campaigns and other marketing services provided, the client is ultimately responsible for review and approval of all content put into market prior to distribution. Creative Nexus India will provide proofs for review by the client, which require formal written acknowledgement of review completion prior to Creative Nexus India’s execution of the campaign or marketing tactic. Any delays in timely review of these pieces may result in the delay of tactic deployment. In such circumstances, Creative Nexus India is not responsible, nor beholding to the client for any reimbursement or credit for agreed upon work. As a courtesy to our clients, payment schedules for campaigns and recurring marketing services may be invoiced on a monthly or quarterly basis, dependent upon client preference. All payments for recurring work are due no later than intended date of deployment in order to commence work. Any client payment delays will result in campaign/project delay. Clients may cancel and renew without penalty provided 60-day notice via formal documented request. Creative Nexus India may terminate this agreement at any time with written notice to the client.
CUSTOMIZED WORKSHOPS, BRAND GUIDELINE DEVELOPMENT, and DIGITAL DIAGNOSTIC REPORTS
All Workshops, Brand Guidelines, and Digital Diagnostic Reports are customized to the client’s exact business. No identical reports will be distributed to other clients and the content of same will remain confidential and proprietary to the client. However, Creative Nexus India reserves the right to blind such reports and outputs for example, case study and marketing purposes. Again, no identifying information will be shared with other entities. Downloads of outputs from these offerings are delivered upon confirmation of payment in full and due to the nature of the product and its delivery, no refunds are offered on completed projects. For any and all scheduled Workshops, 5 business days’ notice is required to change the date/time of the meeting. Should notice not be provided within the given timeframe, a penalty fee will apply not to exceed the cost of the project itself. Costs for this type of cancellation/rescheduling will be assessed on an individual basis. Should a request for work to be halted prior to completion of a project of the above nature, a cancellation penalty may apply and will be assessed on a case-by-case basis. Down payments required to commence work on all projects are non-refundable.
Disclaimer – CREATIVE NEXUS INDIA DOES NOT WARRANT THAT THE MARKETING SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, CREATIVE NEXUS INDIA DOES NOT WARRANT THAT THE MARKETING SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
Indemnification – Customer shall indemnify and hold harmless Creative Nexus India (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Creative Nexus India as a result of any claim, judgment, or adjudication against Creative Nexus India related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Creative Nexus India (the “Customer Content”), or (b) a claim that Creative Nexus India’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Creative Nexus India must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
Limited Liability – IN NO EVENT SHALL CREATIVE NEXUS INDIA BE LIABLE TO CUSTOMERS FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. CREATIVE NEXUS INDIA MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
By signing up for our services, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.
PRINT MEDIA DESIGN
Design costs paid to Creative Nexus India are non-refundable. Printing costs paid to Creative Nexus India are refundable only if printing error is determined to be our fault. We are not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. We provide the design files via email or online only. No actual items will be shipped to you.