General
Acceptance of Terms: By accepting this proposal, the client agrees to the terms and conditions of Thinksurf Media LLP. Acceptance can be confirmed via email, payment of the initiation fee, or signing this proposal.
Payment Terms:
All payments must be made in advance as per the terms agreed upon in the proposal.
Taxes (GST) of 18% will be applicable to all rates.
In the event of a payment delay, work on the project will be paused until the outstanding amount is cleared.
The retainer service charge will increase by 10% annually, effective on the anniversary of the initial agreement. The updated charges will be reflected in the subsequent invoice.
Third-Party Expenses: Clients are responsible for any third-party expenses, such as stock photos, video production, audio editing, language translation, printing, and other external tools or services. Our standard scope does not include custom animations, explainer videos, motion graphics, and professional voice-overs.
Client Responsibilities and Delays:
Any delays on the client’s part may impact the project timeline and proposed deadlines. If work is delayed due to client actions or lack of communication, Thinksurf Media LLP reserves the right to revise project timelines and charges.
To commence any project, it is mandatory for the client to provide complete kitting from their end. Failure to provide full kitting as specified may result in project delays. (Please refer to the respective services T&C)
It is mandatory for the client to stamp and sign the work order and proposal acceptance on their official letterhead and send it back via email to the respective sales executive. This is required for the project to commence.
Termination Clause: Either party may terminate the contract with a 30-day notice period wherever applicable.
Website & Mobile App Service
Project Initiation: An initial payment of 30% of the total design fee is required to begin website development. This amount may vary based on specific contracts or proposals.
“Full kitting” refers to the submission and approval of all necessary materials and information required to initiate the project, including completion of the Questionnaire Review & Discussion, Requirement Analysis & Website Flow Planning, comprehensive Business Details, Media Assets in the agreed format, and quality, finalised Logo Files, Domain Access credentials, Hosting Access credentials, and details of any required APIs. Failure to provide full kitting as specified may result in project delays.
Estimates and Adjustments: All estimates and quotes are based on our understanding of your requirements and the specified timeframe. Any changes to functionality, including minor improvements, may incur additional time and costs.
Website Maintenance: Website maintenance is optional and incurs an annual fee. A Content Management System (CMS) can be implemented to allow the client to update certain parts of the site.
Hosting Charges: Hosting charges are not included in the quotes unless specified. Thinksurf Media LLP can arrange hosting solutions upon request, with a separate quote submitted for client approval.
Homepage Design and Approval: Once the homepage design is approved by the client, typically via email, it is considered final and ready for implementation. Any subsequent changes to the approved design will be billed at our standard hourly rate.
Browser Compatibility: Our websites and applications are tested on recent versions of Internet Explorer, Firefox, Chrome, and Safari on PCs. Please notify us in advance if testing on other browsers is required.
Email Accounts: We offer complimentary domain-based email accounts as part of any hosting contract. However, if Thinksurf Media LLP does not host the site, we do not take responsibility for email setup or troubleshooting.
Software Code Ownership and CMS Licensing:
- Thinksurf Media LLP retains ownership of its software codes (excluding open-source software). Transfer of these codes is available at an additional cost upon settlement of all invoices, with limitations on resale or duplication.
- Thinksurf Media LLP’s proprietary CMS is licensed for use while hosting with us. This CMS cannot be transferred to external hosts without providing access to the software codes.
Deployment and Performance: Our websites and software are designed for deployment on commercial-grade web servers. Performance may vary if deployed on generic office networks, depending on website traffic.
Domain Charges: Domain registration and renewal charges are not included in project proposals unless specifically stated. Separate quotes for these services will be provided and require client approval.
Post-Launch Support: One month of complimentary support is provided after the site goes live.
Bug Reporting and Additional Charges: Programming errors identified during or immediately after development are corrected without additional charges. However, rework on completed tasks or design changes post-approval will incur extra fees.
Open Source Responsibility: Thinksurf Media LLP is not responsible for maintaining open-source products like WordPress, Shopify, etc. Clients are advised to regularly update these products and maintain backups.
Design Services Terms and Conditions
Creative Process: A comprehensive plan, covering business objectives, communication strategies, ad budgets, and product focus, will be developed in consultation with the client’s team.
The agency will create and share a monthly content calendar based on the approved quarterly plan. Once approved by the client, this calendar will guide the development of creatives for posting on all relevant social media platforms.
Open Files: If the client requires open files for social media creatives, additional charges will apply.
Additional Costs: Custom 2D/3D animations, explainer videos, motion graphics, or videos involving extensive costs are not included within the scope of services. Professional voice-overs in any video are also excluded.
Marketing Services Terms and Conditions
Billing and Payment Terms:
- Payment for digital marketing services is required 100% in advance on a monthly basis. Full payment must be made within 7 days of receiving the invoice.
- If the variable fee based on ad spend exceeds the fixed amount, a separate invoice will be issued at the end of the month.
Service Consumption: Services provided under the monthly retainer must be utilised within the same month. Unused services cannot be carried forward to the following month.
Full Kitting: To initiate any project, full kitting from the client’s end is mandatory. For social media projects, this includes providing all necessary assets and information such as logo files, business details, media assets (images, videos, etc.), brand guidelines, and a completed questionnaire. Additionally, clients must supply login credentials for existing social accounts or facilitate the creation of new social accounts as needed. These items are essential to ensure smooth project execution and adherence to the agreed timeline.
Ad Spend Management: Ad platform expenses must be paid directly by the client. If the client prefers the agency to manage these payments, the amount must be paid to the agency in advance, with an additional 10% handling fee.
Lead Generation Ads: We aim to reach a minimum of 70% lead relevance within the first 3 months of Ads running. Our lead generation service assures a minimum lead relevancy of 70% in the first 3 months. To assess the relevancy, voice recordings are mandatory. Please ensure the availability of call recordings to TSM.
Terms and Conditions for Google My Business (GMB) Services
Services Provided : We will provide the following GMB services to enhance your business’s visibility on Google:
- GMB account creation and setup.
- Listing optimization (business information, categories, attributes, etc.).
- Photo and video uploads (as provided by the client)
- Managing and responding to customer reviews.
- Ensuring your GMB listing appears in the top 3 for local searches within the specified location.
Eligibility : You must provide accurate, up-to-date information and have a valid business that complies with Google’s policies. Failure to comply with Google’s guidelines may result in penalties or suspension of your GMB listing, for which we hold no liability.
Client Responsibilities : The Client agrees to:
- Provide us with the necessary business information, documents, images, and any other details required to set up and optimise the GMB listing.
- Ensure that all information provided is true, accurate, and compliant with Google’s policies.
Performance Guarantee : We guarantee that your GMB listing will rank within the top 3 in your location for the relevant keywords based on the optimization and work we perform.
Refund Policy: In the event that we fail to rank your business in the top 3 positions within [3] months of service commencement, you are eligible for a 100% money-back refund. This guarantee is subject to the Client signing up for this service with upfront payment of 3 months and fulfilling all their responsibilities (including providing accurate information). This does not apply to listings in highly competitive markets or due to circumstances beyond our control.
Service Duration and Termination
- The minimum duration for the GMB service contract is [3] months.
- Either party may terminate this Agreement by providing [30] days’ written notice. Upon termination, no refunds will be issued except for those covered under the performance guarantee.
- We reserve the right to terminate or suspend services in cases where the Client engages in activities that violate Google’s policies or this Agreement.
Liability : While we strive to provide accurate optimization to rank your GMB listing, we cannot guarantee specific results due to external factors (Google algorithm updates, market changes, etc.). You agree to hold us harmless for any loss or damage arising from the following:
- Google suspending or penalising your account.
- Changes in Google’s algorithms.
- The failure to achieve specific rankings due to competition or market conditions.
Ownership of Data : The Client retains ownership of all business data provided for the GMB listing. We are granted a non-exclusive, revocable right to use this data solely for the purpose of providing the Services.
Confidentiality : We agree to maintain the confidentiality of all proprietary information provided by the Client and will not disclose it to third parties without written consent, except as required by law.
Changes to the Terms
We reserve the right to amend these Terms and Conditions at any time. The updated version will be communicated to the Client in writing and will take effect immediately.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Indian Law. Any disputes arising from this Agreement shall be resolved through [Arbitration/Court], with the venue in Kolkata, India.
Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding GMB services and supersedes all prior agreements, whether written or oral.
