These Terms and Conditions govern your use of ShapingFlux Digital's website and services. By engaging our services or using our website, you agree to these terms in full.
1. Services
ShapingFlux Digital ("we", "us") provides digital marketing services including website design and development, search engine optimisation (SEO), performance marketing (PPC), social media management, content strategy, and branding. The specific scope, deliverables, timeline, and fees for each engagement are defined in a written Scope of Work (SOW) or Service Agreement signed by both parties.
2. Client Obligations
You agree to:
- Provide accurate and complete information necessary for us to deliver services
- Review and approve deliverables within the agreed timeframe
- Provide timely access to systems, accounts, and assets required for the project
- Ensure that any content or materials you provide do not infringe third-party intellectual property rights
3. Payment Terms
Unless otherwise stated in your SOW:
- Project-based work: 50% upfront, 50% upon completion
- Monthly retainer services: Invoiced in advance on the 1st of each month
- Payment is due within 7 days of invoice date
- Late payments may incur a 2% monthly interest charge
4. Intellectual Property
4.1 Client Materials
You retain all intellectual property rights in materials you provide to us (logos, text, images, etc.).
4.2 Deliverables
Upon full payment, you own all deliverables created specifically for your project. We retain the right to display the work in our portfolio unless you request otherwise in writing.
4.3 Pre-existing IP
Any tools, frameworks, or methodologies we use that existed prior to your project remain our intellectual property.
5. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the engagement and not to disclose it to third parties without prior written consent, except as required by law.
6. Warranties and Disclaimers
We warrant that services will be performed with reasonable care and skill. However, we do not guarantee specific outcomes such as keyword rankings, traffic volumes, or revenue targets, as these depend on factors outside our control including search engine algorithm changes and market conditions.
7. Limitation of Liability
To the maximum extent permitted by law, our 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.
8. Termination
Either party may terminate a service agreement with 30 days' written notice. Upon termination, you will be invoiced for all work completed to the termination date. Fees already paid for the current billing period are non-refundable.
9. Governing Law
These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.
10. Contact
For queries about these Terms, contact us at support@shapingflux.com.