The following Terms and Conditions of Service apply to all products and services provided by Adsomia India Pvt Ltd and in the event of any dispute are governed by the Consumer laws of the Republic of India.
All work is carried out by Adsomia India Pvt Ltd on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Adsomia India Pvt Ltd on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all, costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Adsomia India Pvt Ltd unless specifically agreed in writing.
At the time of the proposal, Adsomia India Pvt Ltd will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the website (www.adsomia.com).
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to me by email.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Adsomia India Pvt Ltd will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to .indd, .psd, .ai, .png, .fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by an email to me.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts that remain outstanding for 30 days after the date of invoice, will incur a late payment interest charges on the outstanding amount from the date due until the date of payment.
Payments can be made by online transfer, UPI transfer, credit card or Debit Card (Visa, Mastercard) mobile, or net banking.
Payments made by cheque must be previously agreed upon and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by Adsomia India Pvt Ltd on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of Rs 900 per returned cheque. Adsomia India Pvt Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
By supplying text, images, and other data to Adsomia India Pvt Ltd for inclusion in the customer’s website or another medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Adsomia India Pvt Ltd on behalf of the customer, will remain the property of Adsomia India Pvt Ltd and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Adsomia India Pvt Ltd, the necessary permission to use materials (for which Adsomia India Pvt Ltd holds the copyright) in forms other than for which it was originally supplied, and Adsomia India Pvt Ltd may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not Adsomia India Pvt Ltd.
By supplying images, text, or any other data to Adsomia India Pvt Ltd, the customer grants Adsomia India Pvt Ltd permission to use this material freely in the pursuit of the design.
Should Adsomia India Pvt Ltd, or the customer supply an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Adsomia India Pvt Ltd to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Adsomia India Pvt Ltd free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Adsomia India Pvt Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea, or code created for the customer by Adsomia India Pvt Ltd, or any of my associated companies, is licensed for use by the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Adsomia India Pvt Ltd and any of my associated companies.
All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Adsomia India Pvt Ltd will not be held responsible for any and all damages resulting from such claims.
Adsomia India Pvt Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Adsomia India Pvt Ltd responsible for any such loss or damage.
Any claim against Adsomia India Pvt Ltd shall be limited to the relevant fee(s) paid by the customer.
Any indication given by Adsomia India Pvt Ltd of a design project’s duration is to be considered by the customer to be an estimation. Adsomia India Pvt Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Adsomia India Pvt Ltd for the initial payment or by date confirmed in writing by Adsomia India Pvt Ltd.
The client agrees to allow Adsomia India Pvt Ltd all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames, and passwords.
The customer also agrees to allow Adsomia India Pvt Ltd access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Adsomia India Pvt Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Adsomia India Pvt Ltd considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Adsomia India Pvt Ltd requires that a template is approved by the customer before the coding of a site commences. Once the template(s) for the website are approved by the customer, coding will commence; any changes to navigation items, colours, structure, or content that require changes to the template will incur an additional charge.
Once the web design is complete, Adsomia India Pvt Ltd will provide the customer with the opportunity to review the resulting work. Adsomia India Pvt Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes, or any navigation features. Any minor changes can be notified to Adsomia India Pvt Ltd by e-mail.
Adsomia India Pvt Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Adsomia India Pvt Ltd offers limited hosting services through an outsourced virtual server. Adsomia India Pvt Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Adsomia India Pvt Ltd may request that clients change the type of hosting account used if that account is deemed by Adsomia India Pvt Ltd to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website. Fees for hosting on Adsomia India Pvt Ltd’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third-party hosting organizations are the responsibility of the client and Adsomia India Pvt Ltd is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.
Adsomia India Pvt Ltd cannot guarantee the availability of any domain name. Where Adsomia India Pvt Ltd is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Cancellation of orders may be made initially by telephone contact, or e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally received by Adsomia India Pvt Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Adsomia India Pvt Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Adsomia India Pvt Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Adsomia India Pvt Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Adsomia India Pvt Ltd responsible for any such loss or damage. Any claim against Adsomia India Pvt Ltd shall be limited to the relevant fee(s) paid by the customer.
Adsomia India Pvt Ltd reserves the right to use the services of sub-contractors, agents, and suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. Adsomia India Pvt Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Adsomia India Pvt Ltd and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Adsomia India Pvt Ltd recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Adsomia India Pvt Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Adsomia India Pvt Ltd, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.adsomia.com
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Adsomia India Pvt Ltd.