Terms & Conditions

Effective Date: 31/03/2025
Last Updated: 03/05/2025

Governing Law: The laws of the Republic of India.

1. Introduction

Welcome to Nirvana Designs (“Agency,” “we,” “us,” or “our”). By accessing our website or engaging our services, you (“Client,” “you,” or “your”) agree to these Terms & Conditions.

2. Services & Engagement

Scope of Work: All services (digital marketing, design, development, content, strategy) will be defined in a written Proposal or Statement of Work (“SOW”).

Change Requests: Any changes outside the agreed SOW must be requested in writing. Additional fees or timeline adjustments may apply.


3. Fees, Invoicing & Payment

Fee Structure: Fixed-fee, hourly, or retainer models as specified in your Proposal.

Invoicing: Invoices are issued monthly or per milestone.

Payment Terms: Net 15 days from invoice date, unless otherwise agreed. Late payments incur 1.5% monthly interest.

Taxes: All fees are exclusive of applicable GST or other taxes, which shall be borne by the Client.


4. Intellectual Property

Agency IP: All pre-existing intellectual property, methodologies, and tools remain the sole property of Nirvana Designs.

Client IP: You retain ownership of any assets you provide.

Deliverables: Upon full payment, ownership of final deliverables transfers to you; the Agency may request a license to showcase work in its portfolio.


5. Confidentiality

Each party agrees to keep confidential all non-public information disclosed during the engagement (“Confidential Information”) and to use it solely for performance of the SOW. This obligation survives termination.

6. Warranties & Disclaimers

Agency Warranty: We warrant that services will be performed in a professional manner consistent with industry standards.

No Other Warranties: Except as expressly stated, all services are provided “AS IS,” and we disclaim all other warranties, express or implied.


7. Limitation of Liability

Under no circumstances shall either party’s aggregate liability exceed the total fees paid by the Client in the 12 months preceding the claim. Neither party is liable for indirect, incidental, or consequential damages.

8. Term & Termination

Term: Commences on the Effective Date of the SOW and continues until completion or termination.

Termination for Convenience: Either party may terminate with 30 days’ written notice.

Termination for Cause: Immediate termination if the other party materially breaches these Terms and fails to cure within 15 days of notice.

Effect of Termination: Upon termination, Client pays for all services performed to date.


9. Force Majeure

Neither party is liable for delays or failures caused by events beyond their reasonable control (e.g., natural disasters, government actions, pandemics).

10. Dispute Resolution

Any dispute will first be attempted to be resolved by good-faith negotiation. Failing that, disputes will be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, in New Delhi, India.

11. Entire Agreement

These Terms, together with the SOW/Proposal, constitute the entire agreement and supersede all prior communications.