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Legal Document

TERMS &
CONDITIONS

Please read these terms carefully before engaging our services. By working with The Design Shore, you agree to the terms described below. Last updated: January 2025.

Plain English summary: These terms cover how we work together — what we deliver, how payments work, who owns what, and what happens if things go wrong. If anything is unclear, email us at tarun@thedesignshore.com before engaging our services.
Table of Contents
  1. Acceptance of Terms
  2. Our Services
  3. Client Responsibilities
  4. Fees, Payments & Billing
  5. Ad Spend & Platform Budgets
  6. Intellectual Property
  7. Confidentiality
  8. Results & Performance Disclaimer
  9. Limitation of Liability
  10. Termination
  11. Governing Law
  12. Changes to These Terms
  13. Contact Us

01 Acceptance of Terms

By engaging The Design Shore for any service — whether through our website, email, WhatsApp, phone, or any written agreement — you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.

These terms apply to all clients, regardless of whether a separate service agreement is signed. Where a separate agreement exists, its specific terms take precedence over these general terms in case of conflict.

If you are entering into these terms on behalf of a company or organisation, you confirm that you have the authority to bind that entity.

02 Our Services

The Design Shore provides performance marketing services including but not limited to:

The specific scope of services delivered to each client is defined in the proposal, service agreement, or written confirmation shared prior to project commencement. We reserve the right to subcontract any part of the work to qualified professionals while remaining accountable to the client.

03 Client Responsibilities

For us to deliver effective results, you agree to:

Important: Delays caused by late approvals, missing assets, or lack of access may affect delivery timelines. We are not liable for delays resulting from incomplete cooperation on the client's part.

04 Fees, Payments & Billing

Our fee structure is agreed upon before the project begins and outlined in your proposal or service agreement. Common models include:

Payment terms: Invoices are due within 7 days of issue unless otherwise agreed in writing. Retainers are billed at the start of each month. Project fees may require a 50% advance before work begins.

Late payments: We reserve the right to pause services if an invoice remains unpaid beyond 14 days of the due date. Campaign performance during any service pause is not our responsibility.

All fees are exclusive of GST (Goods and Services Tax) unless explicitly stated otherwise. Applicable GST will be added to invoices as required by Indian tax law.

Refund policy: Retainer fees paid for a current month are non-refundable. Project fees are non-refundable once work has commenced. If you cancel before work begins, the advance may be refunded minus any work already done.

05 Ad Spend & Platform Budgets

Ad spend (money paid to Google, Meta, or other platforms to run your ads) is entirely separate from our management fees and is paid directly by you to the respective platform.

Platform risk: Google and Meta can suspend or restrict ad accounts without prior notice, including for reasons unrelated to our work. We will assist in resolution, but account reinstatement is at the platform's sole discretion.

06 Intellectual Property

Work we create for you: Upon full payment of all outstanding invoices, all creative assets, ad copy, landing pages, and other deliverables produced specifically for your campaigns become your property. Until full payment is received, The Design Shore retains ownership of all work.

Our methodologies and tools: Any proprietary systems, frameworks, templates, processes, or internal tools we use to deliver results remain the intellectual property of The Design Shore. Engaging us does not grant you a licence to replicate or resell our working methods.

Your content: You retain ownership of all brand assets, product images, videos, and other materials you provide to us. By providing these, you grant us a licence to use them solely for the purpose of delivering your services.

Portfolio use: We may reference your business name and general results (e.g. "reduced CPL by 40% for a D2C skincare brand") in our portfolio and marketing materials. If you prefer we do not, please inform us in writing at the start of the engagement.

07 Confidentiality

Both parties agree to keep confidential any non-public business information shared during the engagement. This includes — but is not limited to — business strategies, financial data, customer data, ad account performance, and technical setups.

This clause does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.

08 Results & Performance Disclaimer

No guaranteed results. Performance marketing involves inherent uncertainty. While we apply best practices, data-driven strategies, and continuous optimisation, we cannot guarantee specific outcomes such as a defined ROAS, number of leads, revenue figure, or cost per acquisition.

Results depend on many factors outside our control, including:

We commit to transparency — you will always receive honest reporting and clear explanations of performance, regardless of outcome.

09 Limitation of Liability

To the maximum extent permitted by applicable law, The Design Shore's total liability to you for any claim arising from our services shall not exceed the total fees paid by you to us in the three months preceding the claim.

We are not liable for:

Nothing in these terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under Indian law.

10 Termination

By you: You may terminate our services by giving 30 days written notice via email. Any fees due for work completed during the notice period remain payable.

By us: We may terminate or suspend services with 14 days written notice if:

On termination: We will provide handover documentation, transfer any assets created for you (upon settlement of outstanding invoices), and revoke our access to your accounts. We are not responsible for campaign performance after access is revoked.

11 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of India. Any dispute arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.

Both parties agree to attempt to resolve any dispute informally by written notice before initiating formal legal proceedings.

12 Changes to These Terms

We may update these Terms and Conditions from time to time to reflect changes in our services, business practices, or applicable law. When we do, we will update the date at the top of this page.

Continued use of our services after an update constitutes acceptance of the revised terms. For active clients, material changes will be communicated via email at least 14 days before they take effect.

13 Contact Us

Questions about these terms? We're happy to clarify anything before you engage our services.

GET IN TOUCH

We typically respond within 1–2 business days.

📍
New Delhi, India

© 2025 The Design Shore. These terms were last updated January 2025.
This document does not constitute legal advice. Consult a qualified lawyer for legal guidance specific to your situation.