Terms and Conditions
Effective Date: 24th July 2022
 
These Terms and Conditions (“Terms”) govern your use of the website and services provided by eCreate Solutions and Services LLP (“Company”, “we”, “us”, or “our”).
By accessing or using our website or services, you agree to be bound by these Terms.
If you do not agree, please do not use our website or services.
 
1. Services Offered
We provide the following services:

• Digital marketing and advertising

• No-code and low-code website development

• Promotional video and campaign creation for qualified lead generation

• Media and cinema-based advertising (PVR, INOX, etc.)

The scope of services will be defined in individual client agreements and may vary.
 
2. User Responsibilities
By using our services or website, you agree to:

• Provide accurate and complete information when requested

• Not use our services for any illegal or unauthorized purpose

• Maintain confidentiality of any login credentials, if applicable

• Respect intellectual property rights (ours and others’)
   

3. Payments and Refunds

• All fees will be outlined in written agreements or proposals.

• Payments must be made according to the agreed schedule.

• Once a project or campaign is initiated, fees are non-refundable unless otherwise stated in writing.

• Late payments may incur interest or service disruption.
   

3.1 Refund & Project Timeline Clause
3.1.1 Refund Policy

• All refund requests must be made within forty-five (45) calendar days from the date of payment.

• Requests made after this period will not be eligible for a refund, regardless of project stage.

Due to the nature of no-code/low-code development, project resources, licenses, and manpower are committed from the start date.
Once work has commenced or deliverables have been provided (including preview links, prototypes, or partial versions), no partial or full refunds will be issued
after the 45-day claim period.
 
3.1.2 Client Responsibilities

• The client must provide all necessary inputs, content, and feedback within agreed timelines. General Number of revisions and ammends offered are 2 for all projects.

• Delays in providing information or approvals may extend the project schedule but will not extend refund eligibility.
   

3.1.3 Deliverables
For no-code/low-code projects:

• The primary deliverable is a functional website or application accessible via the agreed hosting or preview method.

• Traditional source code files are not applicable and are not included unless explicitly stated in writing.
   

3.1.4 Project Termination
If the client terminates the project after the 45-day refund window:

• No refunds will be issued.

• Completed deliverables will be handed over upon settlement of outstanding dues.
   

3.2 Website Project Scope & Acceptance

• The Scope of Work (“SOW”) shall be defined in the written proposal, quotation, email confirmation, or mutually agreed documentation.

• The SOW includes number of pages, features, layouts, integrations, content responsibilities, and timelines.

• Once approved in writing, the SOW becomes final and binding.

• Deliverables reviewed, used, shared, published, or not objected to within a reasonable review period shall be deemed accepted.
   

3.3 Out-of-Scope Work & Change Requests
Out-of-Scope Work includes, but is not limited to:

• Addition of new pages, sections, or templates

• Changes to approved layouts, navigation, or structure

• Revisions to approved pages or components

• Functional enhancements or integrations

• Platform changes, restructuring, or migrations

• Ongoing updates not included in the original agreement

All Out-of-Scope requests:

• Must be submitted in writing

• Will be evaluated by the Company

• Will be quoted separately before commencement

• Are billable and not included in the original project fee
   

3.4 Revisions & Modification Limits

• The project fee includes a limited number of reasonable revisions unless stated otherwise in writing.

• Revisions after design approval may be treated as Out-of-Scope.

• Repeated changes or late-stage redesigns may impact timelines and pricing.
   

3.5 Domain, Hosting & Access Control (Refer Also, Clause 14.2)
Unless otherwise agreed in writing:

• Domains, hosting accounts, CMS platforms, and admin credentials managed by the Company remain under Company administrative control.

• Access transfer will occur only after full settlement of dues.

• In case of dispute regarding payment or scope, the Company reserves the right to retain administrative control until resolution.
   

3.6 No Obligation for Complimentary Ongoing Work
Upon completion of the agreed Scope of Work, the Company is not obligated to provide complimentary updates, maintenance, or support unless covered by a separate written agreement.
 
3.7 Discretionary Pricing & Rate Adjustments
3.7.1 Project-Specific Pricing

• Pricing, unit rates, or discounts apply only to the specific project for which they were quoted.

• They do not create precedent or guarantee for future work.
   

3.7.2 Dynamic Pricing Structure

• The Company may revise service fees or unit rates based on scope, complexity, urgency, strategic value, and market conditions.
   

3.7.3 Confidential Cost Structure

• Internal costing methodologies and pricing rationale remain confidential.

• The Company is not obligated to disclose internal cost breakdowns.
   

3.7.4 Acceptance of Updated Terms

• If revised pricing is not accepted, the Company’s obligation is limited to the deliverables already agreed and paid for.

• The Company is not required to perform additional services at historical rates.

3.8 Post-Agreement & Non-Retainer Support

• ​Any technical, domain, DNS, hosting, or website-related support requested by the client after the expiry, termination, or non-renewal of an active retainer or maintenance agreement shall be treated as independent, billable services.

• Such requests fall outside any prior scope of work and will be quoted and charged separately on a per-task or per-session basis prior to or upon completion of the work.

3.9 – Bundled & Combo Package Policy

• Where services are offered as a bundled or combination package (e.g., website development + digital marketing), payment for the bundle constitutes acceptance of the full package terms.

• In the event of client-initiated termination, dissatisfaction with, or non-utilisation of one component of the bundle, no partial or full refund shall be issued for any other component. Each service within the bundle is considered rendered and billable independently from the date of commencement.

3.10 – Client Abandonment & Unilateral Exit

• ​If a client ceases communication, fails to provide required inputs, or exits the engagement without formal written notice, such conduct shall be treated as a client-initiated termination.No refund obligations arise from abandonment.

• The 45-day refund window (Clause 3.1.1) runs from the date of payment and is not paused, reset, or extended by periods of client inactivity, silence, or delayed re-engagement.
   

4. Intellectual Property

• All content, designs, branding elements, videos, and software developed by the Company remain Company property unless transferred in writing.

• Clients are granted a limited, non-transferable license for internal business use.

• Unauthorized copying, resale, or redistribution is prohibited.
   

5. Confidentiality
Both parties agree to keep proprietary information confidential unless legally required to disclose it.
 
6. Disclaimers

• While the Company delivers strategies, audits, and recommendations with professional expertise and confidence in their potential effectiveness, implementation outcomes depend on multiple external factors beyond our control, and therefore no specific business results or performance guarantees are provided.

• We do not guarantee specific performance outcomes (e.g., ad conversions, rankings, or revenue results).

• Services are provided “as-is” and “as available” without warranties of any kind.
   

7. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, special, or consequential damages arising
from use of our services.
 
8. Termination
We may suspend or terminate services if:

• The client violates these Terms

• Payment obligations are not met

• Unlawful or unethical use is detected

Upon termination, all unpaid fees become immediately due.

9. Third-Party Links and Tools
We are not responsible for third-party websites or tools linked through our services.Use them at your own risk. 

10. Changes to Terms 
We may update these Terms at any time. Continued use of services constitutes acceptance of the updated Terms. 

11. Governing Law and Jurisdiction 
These Terms are governed by the laws of India. Disputes shall fall under the exclusive jurisdiction of courts located in Bangalore, Karnataka. 

12. Contact Information
ECreate Solutions and Services LLP
📞 +91-9891298753🌐 www.ecreatesolution.com📧 ecreateclientservice@gmail.com

13. Client Conduct & Right to Restrict Communication
13.1 Expected Professional Standards
All client interactions with eCreate Solutions and Services LLP personnel, including but not limited to calls, meetings, emails, and messages, are expected to be conducted with professional courtesy and mutual respect.
The Company reserves the right to define and enforce acceptable conduct standards in all client-facing communications.

13.2 Misconduct & Unprofessional Behavior
In the event of unprofessional, hostile, abusive, or one-sided conduct by the client or any representative of the client's
organization during any interaction with the Company's management or team, the Company reserves the right to:

• Immediately terminate the interaction without prior notice.

• Restrict future communication to written email correspondence only, at the Company's sole discretion.

• Decline scheduling or attending any meetings, calls, or video conferences with the client or their representatives.

• Document the incident formally as part of the project record.

• Factor the conduct into any decisions regarding scope, deliverables, or continuation of the engagement.
   

13.3 Communication Restriction 
Email Only
The Company may, at any time, elect to restrict all further communication with a client to written email correspondence.
This decision may be made following any incident of professional misconduct, as a protective measure for the Company's personnel and management, or at management's discretion without requirement for explanation or justification.
Once communicated in writing, the client shall not demand or pursue telephonic, video, or in-person communication.
Non-compliance shall be treated as a material breach of the engagement terms.

13.4 No Waiver of Rights
The Company's decision to continue service delivery following an incident of client misconduct shall not be construed as acceptance of such conduct or a waiver of the Company's right to act on it at a later stage in the engagement.

14. Retainer Default, Credential Handover & Full Discharge
14.1 Retainer Default
In the event that a client defaults on a retainer agreement — including non-payment, delayed payment beyond the agreed schedule, or unilateral termination — the Company's obligations under the retainer shall cease immediately upon the date of default or termination, whichever is earlier.

14.2 Credential Handover as Full Discharge of Obligation
Upon completion of deliverables and settlement of all outstanding dues, the Company's obligation is fully discharged upon transfer of relevant website access credentials, platform credentials, and associated documentation to the client. Specifically:

• Handover via credentials and written documentation constitutes a complete, standard, and legally sufficient transfer of deliverables.

• The Company is under no obligation to conduct, arrange, or attend a handover meeting, walkthrough, or training session unless explicitly agreed to in writing as part of the original Scope of Work.

• A client's demand for a handover meeting after credentials have been shared does not constitute a binding obligation on the Company and may be declined at management's discretion.
   

14.3 No Obligation Post-Handover
Following credential transfer and closure communication, the Company bears no further responsibility for the performance, maintenance, updates, security, or management of the delivered website, application, or platform. Full ownership and accountability transfers to the client upon credential delivery.

14.4 Right to Formal Closure
The Company reserves the right to issue a formal written closure notice at any point following full delivery of the agreed scope.
Upon issuance, the Company's involvement is considered concluded and no further coordination, support, or discussion shall be owed unless
covered under a separate written agreement.

15 Contact Information
ECreate Solutions and Services LLP
📞+91-9891298753 🌐 www.ecreatesolution.com📧 ecreateclientservice@gmail.com