Clear terms for using our website and working with BrainADZ.

These Terms & Conditions explain the rules that apply when you visit our website, submit an enquiry, accept a proposal or engage BrainADZ Marketing for professional services.

Last updated

3 August 2026

Website

Rules for accessing and using BrainADZ digital platforms

Services

Commercial terms covering projects and ongoing engagements

Partnership

Responsibilities, approvals and cooperation between both parties

Our engagement principles

Transparent expectations for a better working relationship.

Every engagement works better when deliverables, responsibilities, approvals, payments and ownership terms are understood by everyone.

Principle 01

Clear scope

Project deliverables, timelines and responsibilities are defined through the approved proposal or agreement.

Principle 02

Fair engagement

Both BrainADZ and the client are expected to provide timely communication, approvals and cooperation.

Principle 03

Protected work

Service terms protect confidential information, creative assets, payments and intellectual property.

Please read these terms carefully

By using our website, submitting information, approving a proposal, making a payment or instructing us to begin work, you acknowledge that you have read and accepted the applicable terms.

Section 01

Acceptance of these terms

These Terms & Conditions govern your access to the BrainADZ Marketing website and your engagement with us for marketing, creative, website, technology, consulting and related professional services.

The terms "BrainADZ", "we", "us" and "our" refer to BrainADZ Marketing. The terms "client", "you" and "your" refer to the visitor, prospective client, existing client, authorised representative or organisation using our website or services.

If you are accepting these terms on behalf of an organisation, you confirm that you are authorised to bind that organisation to the applicable terms, proposal and service agreement.

If you do not agree with these terms, you should not use our website, submit confidential information or instruct us to begin any service.

Section 02

About our services

BrainADZ provides business-to-business marketing, branding, creative, digital and technology-related services. Depending on the approved requirement, our services may include:

  • Digital marketing strategy and consulting
  • Search engine optimization and local SEO
  • Google Ads, Meta Ads and other paid campaigns
  • Social media management and marketing
  • Content writing, design and creative production
  • Brand strategy and visual identity services
  • Website design, development and maintenance
  • Landing page design and conversion optimization
  • Email marketing and marketing automation
  • CRM planning, implementation and integration
  • Analytics, reporting and campaign tracking
  • Other marketing, technology and consulting services

The exact services, deliverables, exclusions, timelines, commercial terms and responsibilities for a particular engagement will be defined in the applicable proposal, quotation, scope of work, purchase order, email approval or signed agreement.

Section 03

Proposals, quotations and scope of work

Any proposal or quotation provided by BrainADZ is based on the information available at the time it is prepared. Unless otherwise stated, a proposal may remain valid only for the validity period mentioned in that document.

  • Work will be performed according to the deliverables specifically included in the approved scope.
  • Features, pages, campaigns, creatives, integrations or services not listed in the approved scope are excluded.
  • Verbal discussions or informal messages do not automatically modify an approved scope.
  • Scope changes should be documented through email, a revised proposal or a formal change request.
  • Additional work may affect cost, delivery dates and resource allocation.
  • Estimated quantities such as posts, reels, pages, revisions or campaign sets apply only to the relevant service period.

Where these website terms conflict with a separately signed client agreement, the signed agreement will generally apply to that specific engagement.

Section 04

Client responsibilities

Timely cooperation from the client is necessary for proper execution of our services. The client agrees to:

  • Provide complete, accurate and current business information.
  • Nominate an authorised point of contact for communication and approvals.
  • Share logos, brand assets, content, credentials and other required materials on time.
  • Confirm that supplied content, images, trademarks and data can be legally used.
  • Review drafts, reports, campaigns and deliverables within the agreed timeline.
  • Provide consolidated feedback instead of conflicting instructions from multiple representatives.
  • Maintain sufficient balances in advertising, hosting, software and third-party accounts.
  • Comply with applicable laws, platform policies and industry-specific requirements.
  • Protect account credentials and immediately report suspected unauthorised access.
  • Make payments according to the approved proposal, invoice or agreement.

BrainADZ will not be responsible for errors, delays, rejection, claims or losses resulting from incorrect information, unauthorised materials, delayed approvals or incomplete instructions supplied by the client.

Section 05

Fees, payments and taxes

Service fees will be stated in the approved proposal, quotation, invoice or agreement. Unless specifically stated otherwise, third-party charges and applicable taxes are not included in our professional service fees.

Advance payment

Projects may require an advance or initial payment before strategy, design, development, campaign setup or other work begins.

Milestone payments

Larger projects may be billed according to defined milestones, phases, deliverables or monthly service periods.

Recurring services

Monthly retainers and ongoing service fees are generally payable in advance for the applicable service period.

Taxes

GST and any other applicable taxes, duties or statutory charges may be added to the quoted service amount.

Additional work

Work outside the approved scope may require a revised quotation, change request or additional invoice.

Payment delay

BrainADZ may pause work, campaigns, access, delivery or support where an invoice remains unpaid beyond its due date.

Payments should be made through the approved payment method and within the stated due date. Bank charges, payment gateway charges or international transfer charges may be borne by the client unless agreed otherwise.

BrainADZ may withhold editable files, credentials, source files, final delivery, publishing, transfer or continued support until all outstanding amounts related to the engagement have been cleared.

Section 06

Advertising budgets and third-party media spend

Our campaign management or consulting fee is separate from the amount paid to advertising platforms unless the approved proposal expressly states otherwise.

  • The client is responsible for providing and maintaining the approved advertising budget.
  • Media spend may be paid directly to Google, Meta, LinkedIn or another advertising platform.
  • BrainADZ does not control platform billing cycles, taxes, exchange rates or automatic billing rules.
  • Campaign delivery may stop if the advertising account has insufficient balance or a payment failure.
  • Unused advertising balance remains subject to the relevant platform's refund and billing policies.
  • Advertising budget recommendations are estimates and may change according to campaign data and competition.

BrainADZ may recommend budget changes, but no increase will be intentionally implemented beyond the client-approved limit without permission, except where the client has enabled its own automated platform rules.

Section 07

Approvals, feedback and revisions

Campaigns, designs, content, websites and other deliverables may require client review and approval before publication or final delivery.

  • Feedback should be clear, specific and consolidated through the authorised contact person.
  • Revision limits will be governed by the approved proposal or scope of work.
  • A revision means a reasonable modification to an existing direction, not an entirely new concept or scope.
  • Changes requested after final approval may be treated as additional work.
  • Approval through email, project-management tools, messages or other recorded communication may be treated as valid approval.
  • The client is responsible for checking names, numbers, dates, prices, claims, contact information and other factual content before approval.

Once an approved item is published, printed, advertised or distributed, changes may require additional time, media cost, printing cost, development work or third-party charges.

Section 08

Project timelines and delays

Project and campaign timelines are estimates based on the approved scope, available resources and expected client cooperation.

  • Timelines may begin only after receipt of the required advance payment and project information.
  • Delayed content, feedback, access, approvals or payment may extend the delivery schedule.
  • A prolonged client delay may require the project to be rescheduled according to resource availability.
  • Third-party review, platform approval, hosting, domain, API or software delays are outside BrainADZ's direct control.
  • Urgent or priority work may require additional charges and confirmation of resource availability.
  • BrainADZ may revise delivery dates where the scope changes or unforeseen technical requirements arise.

Section 09

Intellectual property and ownership

Intellectual property rights depend on the type of deliverable, third-party licences, payment status and the terms agreed for the specific project.

Pre-existing BrainADZ materials

Processes, frameworks, templates, systems, reusable code, internal tools and know-how developed before or independently of the client project remain the property of BrainADZ or their respective owners.

Client-owned materials

The client retains ownership of logos, trademarks, content, data and other materials supplied by the client, subject to the rights granted to BrainADZ for performing the services.

Final approved deliverables

Ownership or usage rights for final deliverables will transfer only as described in the approved proposal and generally after all related invoices have been paid.

Drafts and unused concepts

Rejected, unused or preliminary concepts, drafts, strategies and design directions remain the property of BrainADZ unless otherwise agreed in writing.

Third-party assets

Fonts, stock images, plugins, templates, software, music and other licensed materials remain subject to their respective third-party licence terms.

Portfolio usage

Unless prohibited by a written confidentiality agreement, BrainADZ may display publicly released work in its portfolio, case studies, credentials and promotional material.

Unless otherwise agreed in writing, the client may not resell, sublicense, distribute or claim exclusive ownership over BrainADZ frameworks, templates, reusable systems or proprietary working methods.

Section 10

Third-party platforms, tools and licences

Our services may depend on independent platforms and tools such as search engines, social networks, advertising platforms, hosting providers, domain registrars, CRM systems, plugins, APIs, payment gateways, analytics tools and communication services.

  • Third-party services are governed by their own terms, policies, pricing and availability.
  • The client may need to purchase and maintain separate subscriptions or licences.
  • BrainADZ cannot guarantee continued availability of a third-party feature, integration or platform.
  • Platform updates may require additional configuration, development or maintenance work.
  • Account suspension, advertising rejection or software restrictions are ultimately controlled by the relevant provider.
  • Third-party charges may change without notice from BrainADZ.

BrainADZ will provide reasonable support within the approved scope but is not liable for outages, policy changes, security incidents, data loss or service failures caused by an independent third party.

Section 11

Marketing performance and result expectations

BrainADZ applies professional experience, research, strategy and reasonable effort to improve marketing performance. However, marketing outcomes depend on several factors outside our direct control.

Market demand and changes in consumer behaviour

Competition, seasonality and geographic targeting

Advertising budget and media costs

Website speed, user experience and conversion flow

Offer quality, pricing and brand reputation

Client response time and sales follow-up process

Search engine and social platform algorithm changes

Third-party platform policies and account restrictions

Content availability and approval timelines

Accuracy of tracking, CRM and analytics systems

Important clarification

Unless expressly included in a signed agreement, BrainADZ does not guarantee a specific number of leads, sales, enquiries, followers, rankings, impressions, conversions, revenue or return on investment.

Section 12

Confidentiality

Each party may receive non-public business, technical, commercial, financial, strategic or customer-related information from the other party.

Both parties should use confidential information only for the relevant engagement and should take reasonable steps to prevent unauthorised disclosure.

Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, lawfully received from another source or required to be disclosed by law.

Where a separate non-disclosure agreement has been signed, that agreement will apply to the covered confidential information.

Section 13

Cancellation, refunds and non-refundable charges

Cancellation and refund terms may vary depending on the service, project stage, resources reserved and third-party commitments.

  • Advance payments may be non-refundable once resources have been reserved or work has started.
  • Completed work, strategy time, consultation time and delivered milestones remain chargeable.
  • Monthly service fees are generally non-refundable after the applicable service period has begun.
  • Advertising spend, software subscriptions, domains, hosting, printing and other third-party charges are non-refundable by BrainADZ.
  • Approved or published creative work cannot normally be cancelled retrospectively.
  • Any approved refund will be adjusted against completed work, taxes, administrative costs and third-party commitments.
  • Refund processing, where approved, may be subject to the original payment method and banking timelines.

A service-specific proposal, invoice or agreement may contain different cancellation terms. Those specific terms will apply to that engagement.

Section 14

Suspension and termination of services

Either party may terminate an ongoing engagement according to the notice period stated in the applicable agreement or proposal.

BrainADZ may immediately suspend or terminate services where:

  • Payments remain overdue despite reasonable reminders.
  • The client requests unlawful, misleading, fraudulent or unethical activity.
  • The client repeatedly violates platform policies or applicable law.
  • There is abusive, threatening or inappropriate conduct toward our team.
  • Required cooperation, information or approval is withheld for an extended period.
  • Continuing the engagement creates a security, legal, reputational or operational risk.
  • The client materially breaches the approved terms or agreement.

On termination, the client remains responsible for charges relating to completed work, reserved resources, approved milestones and committed third-party expenses.

Section 15

Permitted use of our website

You may use our website for lawful informational and business purposes. You must not:

  • Attempt to gain unauthorised access to the website, server, forms or connected systems.
  • Upload malware, malicious scripts, viruses or technically harmful material.
  • Use website content for unlawful, fraudulent, misleading or abusive purposes.
  • Copy, scrape, reproduce or commercially exploit website content without permission.
  • Impersonate another person, company or authorised representative.
  • Submit false, misleading, defamatory, obscene or unlawful information.
  • Interfere with website performance, security or availability.
  • Use automated systems to overload or misuse enquiry forms and website resources.
  • Violate the intellectual property, privacy or legal rights of any party.

BrainADZ may restrict access, block submissions or take appropriate action where website misuse or suspicious activity is identified.

Section 16

Website and service disclaimers

Website content is provided for general business and informational purposes. It should not be treated as legal, financial, tax or other regulated professional advice.

We aim to keep information accurate and current but do not guarantee that every page, example, price, description or reference will always be complete, error-free or immediately updated.

Case studies, examples, testimonials and previous results do not guarantee that another client will achieve identical outcomes.

Service availability, pricing, team allocation and timelines may change. A service becomes binding only when the applicable commercial arrangement has been accepted.

Section 17

Limitation of liability

To the maximum extent permitted by applicable law, BrainADZ will not be liable for indirect, incidental, special, punitive or consequential losses, including loss of profit, opportunity, goodwill, anticipated savings or data.

BrainADZ is not responsible for loss arising from client instructions, inaccurate information, delayed approvals, platform restrictions, account suspension, third-party outages, algorithm changes, cyber incidents outside our reasonable control or unauthorised access caused by compromised client credentials.

Where liability cannot lawfully be excluded, the total aggregate liability of BrainADZ relating to a specific claim will, unless otherwise stated in a signed agreement, be limited to the professional service fees actually paid to BrainADZ for the directly affected service during the relevant service period.

Nothing in these terms excludes liability that cannot legally be excluded or restricted.

Section 18

Client indemnity

The client agrees to defend, indemnify and hold BrainADZ, its employees and authorised service partners harmless from third-party claims, penalties, losses and reasonable expenses arising from:

  • Content, claims, products, offers, data or instructions supplied by the client.
  • Unauthorised use of third-party trademarks, images, music, content or intellectual property.
  • The client's breach of law, industry regulation or platform policy.
  • Misleading, inaccurate or prohibited statements approved by the client.
  • The client's misuse of delivered work or connected technology.
  • A material breach of these terms or the applicable agreement.

Section 19

Events beyond reasonable control

Neither party will be responsible for delay or failure caused by circumstances beyond reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, war, civil disturbance, labour disruption, government action, internet outage, cyberattack, power failure or widespread third-party platform failure.

The affected party should provide reasonable notice where possible and take reasonable steps to reduce the impact. Timelines may be extended for the duration of the disruption and a reasonable recovery period.

Section 20

Governing law and dispute resolution

These Terms & Conditions and related engagements will be governed by the laws of India, unless a separately signed agreement specifies otherwise.

The parties should first attempt to resolve any disagreement through good-faith discussion between authorised representatives.

If a dispute cannot be resolved informally, it will be subject to the dispute-resolution process stated in the applicable client agreement. Where no separate process is agreed, the courts having jurisdiction over the registered office of BrainADZ will have jurisdiction, subject to applicable law.

If any part of these terms is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

Section 21

Changes to these terms

BrainADZ may update these Terms & Conditions to reflect changes in services, technology, website functionality, commercial practices or legal requirements.

Updated terms will be published on this page with a revised "Last updated" date. Continued use of our website after publication of revised terms indicates acceptance of the updated website terms.

Material changes to an active client engagement will not automatically replace the terms of a separately signed agreement unless accepted by the parties.

Section 22

Contact information

For questions about these Terms & Conditions, a proposal, invoice or active service engagement, contact BrainADZ Marketing through the details below.

When contacting us about an existing project, include your company name, invoice or proposal reference and a clear description of your question.

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