Principle 01
Clear scope
Project deliverables, timelines and responsibilities are defined through the approved proposal or agreement.
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
Every engagement works better when deliverables, responsibilities, approvals, payments and ownership terms are understood by everyone.
Principle 01
Project deliverables, timelines and responsibilities are defined through the approved proposal or agreement.
Principle 02
Both BrainADZ and the client are expected to provide timely communication, approvals and cooperation.
Principle 03
Service terms protect confidential information, creative assets, payments and intellectual property.
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
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
BrainADZ provides business-to-business marketing, branding, creative, digital and technology-related services. Depending on the approved requirement, our services may include:
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
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.
Where these website terms conflict with a separately signed client agreement, the signed agreement will generally apply to that specific engagement.
Section 04
Timely cooperation from the client is necessary for proper execution of our services. The client agrees to:
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
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.
Projects may require an advance or initial payment before strategy, design, development, campaign setup or other work begins.
Larger projects may be billed according to defined milestones, phases, deliverables or monthly service periods.
Monthly retainers and ongoing service fees are generally payable in advance for the applicable service period.
GST and any other applicable taxes, duties or statutory charges may be added to the quoted service amount.
Work outside the approved scope may require a revised quotation, change request or additional invoice.
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
Our campaign management or consulting fee is separate from the amount paid to advertising platforms unless the approved proposal expressly states otherwise.
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
Campaigns, designs, content, websites and other deliverables may require client review and approval before publication or final delivery.
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 and campaign timelines are estimates based on the approved scope, available resources and expected client cooperation.
Section 09
Intellectual property rights depend on the type of deliverable, third-party licences, payment status and the terms agreed for the specific project.
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.
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.
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.
Rejected, unused or preliminary concepts, drafts, strategies and design directions remain the property of BrainADZ unless otherwise agreed in writing.
Fonts, stock images, plugins, templates, software, music and other licensed materials remain subject to their respective third-party licence terms.
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
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.
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
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
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 and refund terms may vary depending on the service, project stage, resources reserved and third-party commitments.
A service-specific proposal, invoice or agreement may contain different cancellation terms. Those specific terms will apply to that engagement.
Section 14
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:
On termination, the client remains responsible for charges relating to completed work, reserved resources, approved milestones and committed third-party expenses.
Section 15
You may use our website for lawful informational and business purposes. You must not:
BrainADZ may restrict access, block submissions or take appropriate action where website misuse or suspicious activity is identified.
Section 16
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
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
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:
Section 19
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
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
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
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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