These Terms & Conditions ("Terms") govern your access to and use of the HS Digital Media website (the "Site") and any services provided by HS Digital Media, including website development, e-commerce web design, mobile app and e-commerce app development, social media marketing, search engine optimization, Google Ads, Meta Ads, native advertising, influencer marketing, PR and media coordination, video and animation production, ad film production, radio advertising, and related services (collectively, the "Services"). By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our Services.
Use of the Site
You agree to use this Site only for lawful purposes. You must not use the Site in any way that could damage, disable, overburden, or impair it, or interfere with any other party's use and enjoyment of the Site. You must not attempt to gain unauthorized access to any part of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
Our Services
Scope, deliverables, timelines, and pricing for any project are set out in a proposal, quotation, or agreement specific to that engagement. We provide our Services using reasonable skill and care, but we do not guarantee specific results such as search engine rankings, advertising performance, follower growth, leads, or sales, as these outcomes depend on factors outside our control, including third-party platform algorithms, market conditions, and competitor activity.
Client Responsibilities
- Provide accurate information, brand assets, content, and access (such as hosting, domain, ad account, or social media access) required to carry out the Services.
- Respond to requests for approvals, feedback, or materials within agreed timelines, as delays may affect project delivery.
- Ensure that you own or have the right to use any content, trademarks, logos, or materials supplied to us for your project or campaigns.
- Comply with the terms of service of any third-party platform used in connection with the Services, including Google, Meta, and relevant app stores.
Fees and Payment
Fees for Services are as set out in the applicable proposal, quotation, or invoice, in Indian Rupees unless otherwise agreed. Unless stated otherwise, projects require an advance payment before work begins, with the balance payable as per the agreed milestones or timeline. Third-party costs, such as advertising spend, hosting, domain registration, or licensed assets, are billed separately or passed through as agreed and are non-refundable once incurred with the third party. Late payment may result in suspension of ongoing work or live services until dues are cleared.
Refunds and Cancellations
Given the customized, time-and-labour nature of digital marketing and development work, fees for work already performed and costs already incurred with third parties are generally non-refundable. Specific cancellation and refund terms will be set out in your proposal or agreement. For any cancellation request, please contact us directly.
Intellectual Property
You retain ownership of the content, logos, and materials you provide to us, and grant us permission to use these solely to deliver the agreed Services. Unless otherwise agreed in writing, final project deliverables transfer to the client upon full payment of all fees due for that project. HS Digital Media retains ownership of its pre-existing tools, templates, frameworks, and know-how used in delivering the Services. Unless you inform us otherwise in writing, we may showcase completed work in our portfolio and marketing materials.
Confidentiality
We treat non-public business, financial, and account information shared with us as confidential and will not disclose it to third parties except as required to deliver the Services, with your consent, or as required by law.
Third-Party Platforms
Where our Services involve managing accounts or campaigns on third-party platforms, such as Google, Meta, app stores, or hosting providers, your use of those platforms remains subject to their own terms and policies. We are not responsible for any changes, restrictions, or suspensions imposed by such third parties that are outside our control.
Limitation of Liability
To the maximum extent permitted by law, HS Digital Media shall not be liable for any indirect, incidental, or consequential loss, including loss of profits, business, or data, arising from your use of the Site or our Services. Our total liability for any claim relating to a specific project shall not exceed the fees paid by you for that project in the preceding twelve months. Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable law.
Warranties and Disclaimers
Except as expressly stated in a specific written agreement, the Site and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including as to uninterrupted availability, error-free operation, or fitness for a particular purpose.
Termination
Either party may terminate an ongoing engagement in accordance with the notice period and terms set out in the applicable agreement or proposal. On termination, the client agrees to pay for Services performed and costs incurred up to the date of termination.
Governing Law
These Terms are governed by the laws of India, and any disputes arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
Changes to These Terms
HS Digital Media has the discretion to update these Terms at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications.
Your Acceptance of These Terms
By using this Site or engaging our Services, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use our Site or Services. Your continued use of the Site following the posting of changes to these Terms will be deemed your acceptance of those changes.
Contact Us
If you have any questions about these Terms, please contact us at info@hsdigitalmedia.com.