1. Definitions

• 1.1 Client: Refers to any individual, business, or entity engaging the Company for its services, including but not limited to design, branding, and consultancy.
• 1.2 Services: Includes creative and professional offerings such as graphic design, branding, web design, digital products, consultations, and support services.
• 1.3 Deliverables: Refers to final products or services, whether in digital or physical form, delivered to the Client based on the agreed project terms and conditions.

2. Scope of Services

2.1 Services Offered:

The Company specializes in creative and professional services, including but not limited to:

• Graphic Design: Logos, brand collaterals, promotional materials, digital graphics, and social media creatives.
• Branding: Comprehensive brand identity creation, brand strategy, and visual storytelling.
• Web Design & Development: Website design, user experience (UX), user interface (UI) design, and responsive development.
• Consultations: Expert advice on brand positioning, marketing strategies, and creative direction.
• Digital Marketing: SEO, Google Ads, Meta Ads, social media marketing, email & WhatsApp marketing, and influencer collaborations.
• Event Management: Concept planning, branding, execution, and promotional support for corporate, social, and branding events.
• Photography & Videography: Product shoots, brand films, drone shoots, and VR-based content.
• Interior Designing: Space planning, 3D visualizations, and end-to-end creative design for commercial and residential spaces.
• Creative Campaigns: End-to-end storytelling campaigns that blend visuals, strategy, and digital media.

2.2 Project Agreement:

Every project is governed by an individual agreement or invoice specifying:

• Scope of work
• Detailed deliverables
• Timelines and milestones
• Payment structure

The project will not begin until the advance payment is received and acknowledged.

2.3 Revisions and Support:

Revisions:

• We provide 2-3 free revisions based on the project agreement.
• Additional revisions may incur extra charges.

Post-Delivery Support:

• Significant changes or additional features are outside the scope of support and will incur additional charges.
• Post-delivery support includes bug fixes, minor corrections, or troubleshooting:
• Design or brand collateral changes: within 5 days from delivery
• Web services (e.g., bugs or technical fixes): within 3 months of launch.

3. Payment Terms

3.1 Advance Payment:

To confirm the project, a 50% advance payment of the total project fee is required to initiate work. Of this 50%, 30% of the total project fee (i.e., 60% of the advance) is non-refundable, as it covers initial resource allocation and planning. Refunds on the refundable portion will only be considered if the Company is unable to deliver services due to unavoidable internal circumstances.

3.2 Final Payment:

The remaining balance is payable upon project completion and before the final deliverables are handed over. Delayed payments beyond 10 calendar days from the due date may incur a penalty of 5% of the pending amount per week, unless otherwise agreed upon in writing. The Company reserves the right to suspend services and withhold deliverables in such cases.

3.3 Payment Methods:

Accepted methods include bank transfers, cheques, and any alternative method mentioned in the invoice. Clients must ensure the accuracy of payment details to avoid delays.

3.4 Taxes:

The Company will issue GST-compliant invoices. The quoted prices are exclusive of Goods and Services Tax (GST) unless otherwise stated. Clients must ensure compliance with applicable Indian tax laws. GST details will be specified in the invoice.

4. Cancellation and Refund Policy

4.1 Client-Initiated Cancellation:

Clients must submit cancellation requests in writing. The advance payment is non-refundable as it covers the Company’s preliminary work and resource allocation. Refund requests will be reviewed on a case-by-case basis by the Company’s directors, factoring in the project stage and reasons for cancellation. No files, drafts, or partial deliverables will be shared unless the work completed till the date of cancellation is compensated. For example, if the project is 40% complete at the time of cancellation, the Client will be required to pay for the work completed up to the date of cancellation before any interim files or drafts are released.

4.2 Company-Initiated Cancellation:

If the Company cancels the project due to unforeseen circumstances, a partial or full refund may be offered, depending on the situation.

5. Intellectual Property (IP)

5.1 Ownership:

All drafts, concepts, and raw files remain the Company’s property until the project is fully paid for. Upon receipt of full payment, the Client gains ownership of the final deliverables and their associated usage rights.

5.2 Usage Restrictions:

The Client cannot resell, modify, or reuse the designs for other purposes without explicit written consent from the Company. Unauthorized use may lead to legal action under Indian intellectual property laws, specifically the Copyright Act, 1957. Designs cannot be altered in a way that harms the Company’s brand or violates moral rights of the original creator, under Section 57 of the Copyright Act, 1957.

5.3 Ownership of Raw Files:

Raw files (e.g., PSD, AI, INDD, CDR files) are not included as part of the standard deliverables and remain the sole intellectual property of the Company. These files can be purchased separately upon request. The cost for raw files will be quoted based on the project’s complexity, usage rights, and scope, and will be specified in a separate invoice. Ownership and transfer of raw files will be granted only upon full payment of the agreed raw file fee.

6. Privacy Policy

6.1 Data Collection:

The Company collects only necessary personal information, such as:

• Name, email address, and contact details
• Payment details for transaction processing

6.2 Data Usage:

Collected data is used for communication, delivery of services, and legal compliance. Data is not shared with third parties unless required by law or for service delivery purposes.

6.3 Data Security:

The Company employs advanced security measures to protect Client data. However, while we implement robust security measures, clients acknowledge that no digital platform can guarantee absolute security due to evolving cyber risks.

7. Confidentiality and Non-Disclosure

7.1 Confidentiality Obligations:

Both the Client and the Company agree to maintain confidentiality regarding proprietary information shared during the project. This obligation will continue for 2 years after project completion unless otherwise agreed in writing. The Company may use testimonials and feedback received in public channels or client reviews for marketing purposes.

7.2 Portfolio Use:

The Company reserves the right to showcase completed work in its portfolio, social media, and marketing materials unless explicitly restricted by the Client in writing prior to project commencement. Clients who do not wish for their projects to be featured in the Company's portfolio must communicate this in writing before the project begins.

8. Cookie Policy

8.1 Cookies Usage:

Cookies are used on the Company's website to improve user experience and analyze website performance.

8.2 Types of Cookies:

• Essential Cookies: Necessary for website functionality.
• Performance Cookies: Collect anonymous data on website usage for optimization purposes.
• Targeting Cookies: Used for remarketing or advertising campaigns.

8.3 Cookie Management:

Clients can manage cookie preferences through browser settings or website options. Refusing cookies may affect website functionality. The Company complies with applicable privacy laws, including GDPR and CCPA, for handling cookies and user data. For Clients accessing our website from jurisdictions outside India, we comply with international data regulations (e.g., GDPR, CCPA) where applicable.

9. Indemnity:

Both parties indemnify each other against claims, damages, or liabilities arising from breaches of this Agreement, misuse of deliverables, or third-party actions.

10. General Legal Provisions

10.1 Waiver:

Failure by either party to enforce any part of this Agreement at any time shall not be construed as a waiver of that provision or the right to enforce it later.

10.2 Severability:

If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain valid and in full force and effect.

11. Governing Law and Jurisdiction

This Agreement is governed by the Indian Contract Act, 1872, and other relevant Indian laws. Any disputes will be subject to the jurisdiction of the courts in Bhubaneswar, Khordha, Odisha. Disputes will be conducted in English, and both parties agree to accommodate online hearings if required.

12. Amendments

The Company reserves the right to amend these Terms and Conditions. Clients will be notified of changes, and continued use of services constitutes acceptance.

13. Timelines and Delays

13.1 Delivery Timelines:

The Company will adhere to the timelines outlined in the project agreement. Any delays caused by the Client (e.g., delayed approvals, incomplete inputs) may lead to revised deadlines.

13.2 Force Majeure Clause:

The Company is not liable for delays caused by circumstances beyond its control, such as natural disasters, technical failures, lockdowns, pandemics, electricity outages, internet disruptions or government-imposed restrictions.

14. Feedback and Approval Process

The Client agrees to provide feedback and approvals within the timelines specified in the project agreement. Failure to provide timely feedback may result in project delays or additional charges for expedited completion.

15. Additional Charges

15.1 Scope Creep:

Any work requested outside the initially agreed scope will be billed separately at the Company's standard rates.

15.2 Revisions Beyond Agreement:

If the Client requests more revisions than outlined in the agreement, additional fees shall apply as per the Company's standard hourly or project rates.

16. Dispute Resolution

In the event of a disagreement, both parties agree to attempt resolution through mutual discussion. If a resolution cannot be reached, the matter will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitrator will be mutually agreed upon by both parties, and arbitration costs will be shared equally unless otherwise determined by the arbitrator. Arbitration will occur in Bhubaneswar, Odisha.

17. Limitation of Liability

The Company is not liable for indirect, incidental, or consequential damages arising from this Agreement, including, but not limited to, loss of profits, data, business opportunities, or goodwill. The Company's liability for any claim arising from this Agreement is limited to the amount paid by the Client for the project.

18. Client Responsibilities

The Client is responsible for providing all necessary content, materials, and information required to complete the project on time.

19. Termination of Agreement

If the Client terminates the agreement before project completion, they will be billed for work completed up to the termination date.

20. Contact Information

For questions or concerns, contact us at:
Email: [email protected]
Phone: +91 8763923036
Address: Plot No. 48/605, Road No. 3, Vijay Vihar, Lane 1, Near Nuagoan Petrol Pump, Bhubaneswar, Odisha, India, Pin Code - 751002
Support Hours: Monday to Saturday, 10:00 AM – 7:00 PM IST. Queries are usually responded to within 1-2 business days.

21. Acceptance of Terms

By engaging with Illusory Design Studios Pvt. Ltd., the Client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions. These terms apply to all projects unless otherwise agreed in writing.