TERMS AND CONDITIONS
1. Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User”, “Client”, or “you”) and BlueCrystal Marketing (“Company”, “we”, “us”, or “our”), a marketing services firm operating in India. By accessing or using our website, services, or any materials provided by us, you agree to be bound by these Terms in accordance with applicable Indian law.
These Terms are governed by and construed in accordance with the Information Technology Act, 2000; the Consumer Protection Act, 2019; the Indian Contract Act, 1872; and all other applicable statutes and regulations of the Republic of India.
2. Services
BlueCrystal Marketing provides marketing services including but not limited to digital marketing, social media management, brand strategy, content creation, advertising campaigns, search engine optimization (SEO), and related consulting services (collectively, “Services”).
The specific scope, deliverables, timelines, and fees for Services shall be defined in individual Service Agreements or Statements of Work executed between the Company and the Client.
3. Eligibility
By accessing our Services, you represent and warrant that:
- You are at least 18 years of age or have obtained parental/guardian consent.
- You have the legal authority and capacity to enter into this agreement under the Indian Contract Act, 1872.
- You are not prohibited from receiving our services under any applicable law of India or any other jurisdiction.
- All information you provide to us is accurate, current, and complete.
4. Intellectual Property
All content, trademarks, logos, designs, graphics, and materials produced by or for BlueCrystal Marketing are protected under the Copyright Act, 1957 (India) and the Trade Marks Act, 1999 (India). Unauthorized reproduction, distribution, or use of our proprietary materials is strictly prohibited.
Any creative assets, campaigns, or content developed specifically for a Client under a Service Agreement shall be assigned to the Client upon full payment, unless otherwise agreed in writing.
5. Client Responsibilities
The Client agrees to:
- Provide accurate briefs, materials, and timely feedback necessary for the delivery of Services.
- Ensure that any content, data, or materials provided to BlueCrystal Marketing do not infringe any third-party intellectual property rights.
- Comply with all applicable laws, including the Information Technology Act, 2000, and advertising standards prescribed by the Advertising Standards Council of India (ASCI).
- Obtain all necessary regulatory approvals and disclosures required for their industry before publishing marketing materials.
6. Payments and Refunds
All fees are payable in Indian Rupees (INR) unless otherwise agreed. Invoices are due within the period specified in the applicable Service Agreement. Late payments may attract interest at the rate permissible under the applicable Indian law.
Refund requests shall be evaluated on a case-by-case basis. Refunds, if applicable, will be processed within 30 (thirty) working days of approval, consistent with applicable Consumer Protection Act, 2019 obligations.
7. Limitation of Liability
To the maximum extent permitted under Indian law, BlueCrystal Marketing shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use our Services, including loss of profits, data, or business opportunity.
Our total cumulative liability in connection with any Services shall not exceed the fees paid by the Client for those specific Services in the preceding 3 (three) months.
8. Termination
Either party may terminate a Service Agreement with written notice as specified therein. Upon termination, the Client shall pay for all work completed up to the termination date. The Company reserves the right to suspend or terminate services immediately in case of breach of these Terms.
9. Dispute Resolution
In the event of any dispute, the parties shall first attempt resolution through good-faith negotiation. If unresolved within 30 days, disputes shall be referred to arbitration as per the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be Pune, Maharashtra, India. The arbitration shall be conducted in the English language.
Nothing in this clause shall prevent either party from seeking urgent interim relief from a competent court.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of India. Any legal action not subject to arbitration shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.
11. Amendments
BlueCrystal Marketing reserves the right to amend these Terms at any time. Updated Terms will be published on our official website. Continued use of our Services after the effective date of any amendment constitutes acceptance of the revised Terms.
12. Contact
For questions regarding these Terms, please contact us at:
BlueCrystal Marketing
Email: legal@bluecrystalmarketing.in
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