Terms and Conditions

Last updated: 11 September 2026

Effective date: 11 September 2026

These Terms and Conditions (“Terms”) apply to your use of our website and to the services provided by VK Creatives Software & Marketing Agency (“VK Creatives”, “we”, “us”). Please read them carefully.

1. Acceptance of these Terms

By using our website, you agree to the parts of these Terms that apply to website use.

By accepting a proposal, signing a statement of work, paying an invoice, or asking us to start work, you agree to these Terms as a client. If you accept on behalf of a business, you confirm that you have authority to bind that business.

If you do not agree with these Terms, please do not use our website or services.

2. Our official website and domain

Our only official website is https://vkcreativesagency.com, and our official email addresses end in @vkcreativesagency.com.

Our former domain, vkcreativeagency.com (without the “s”), is no longer live and is no longer operated by us. Any content, offer, proposal, invoice or communication that claims to come from VK Creatives but uses another domain, including vkcreativeagency.com, is not ours. We are not bound by it and are not responsible for it. If you are unsure whether a communication is genuine, email contact@vkcreativesagency.com or call +91 83720 78028 before acting on it.

3. Key terms used here

“Client” or “you”: the person or business that uses our website or engages our services.
“Services”: the services we agree to provide to you.
“Proposal”: our written quote, proposal, or statement of work (“SOW”) that describes the scope, deliverables, fees and timelines for your project.
“Deliverables”: the final work we create and hand over to you under a Proposal.
“Ad spend”: the money paid to advertising platforms such as Meta or Google to run your ads.

4. Our services

We offer digital marketing and technology services, including:

digital marketing and social media marketing;
performance marketing, including Meta Ads and Google Ads management;
search engine optimisation (SEO);
Google Business Profile optimisation;
website development, including informative, e-commerce and custom websites;
custom software and app development;
digital audits and consultation;
branding, content creation, UI/UX design and social media creatives.

The exact scope of your Services is set out in your Proposal. Anything not listed in your Proposal is outside its scope.

5. Proposals, quotes and statements of work

A Proposal is valid for the period stated in it, or for 30 days from the date it is issued if no period is stated.
Your Proposal and these Terms together form our agreement. If your Proposal conflicts with these Terms, the Proposal applies for that project.
Any information about our services on our website, in brochures or in conversations is general. Your Proposal or invoice governs what you pay and what you receive.
Changes in scope: if you ask for work outside the agreed scope, we will tell you how it affects fees and timelines. We will start extra work only after you approve it in writing (email is fine).
Timelines are estimates based on you providing access, content, feedback and payments on time.

6. Your responsibilities as a client

6.1 Access

You agree to give us timely access to the accounts and systems we need, such as your ad accounts, Google Business Profile, analytics, Search Console, website or hosting. Where possible, grant access through each platform’s official access-sharing or partner tools rather than sharing passwords.

You should remain the owner of your own ad accounts, business profiles, analytics properties, domains and hosting accounts.

6.2 Approvals and feedback

Please review drafts, creatives, ad copy and designs, and give feedback or approval within a reasonable time.
Once you approve something, we may publish or launch it. Changes after approval may be treated as a change in scope.
Delays in approvals, content or access may delay timelines. We are not responsible for delays you cause.

6.3 Content accuracy and permissions

You are responsible for the content and information you give us, including text, images, logos, product details, prices, offers, claims, testimonials and customer data. You confirm that:

it is accurate and not misleading;
you own it or have permission to use it; and
using it will not infringe anyone’s rights or break any law.

6.4 Advertising policies and legal compliance

You are responsible for your products, services and business practices, and for making sure your ads and landing pages comply with:

the advertising policies of each platform, such as Meta’s Advertising Standards and Google Ads policies;
Indian law, including consumer protection law on misleading advertisements, and any rules that apply to your industry; and
any licences, registrations or verifications your industry needs, for example in healthcare, finance, education or real estate.

We may refuse to create or run any ad or content that we believe is unlawful, misleading or against platform policies.

6.5 Your customers’ data

If you give us access to personal data of your leads or customers, you are responsible for giving them the required notices and getting any required consents. We handle that data as your data processor, as explained in section 15 and our Privacy Policy.

7. Fees, payment and taxes

7.1 Fees

Our fees are as agreed in your Proposal or invoice.

7.2 Taxes

Unless your Proposal or invoice says otherwise, our fees do not include GST or other applicable taxes. These are added to your invoice as applicable under law.

7.3 Monthly retainers

Retainer services, such as SEO, Google Business Profile optimisation, social media and ad management, are billed monthly in advance. Work for a month begins once that month’s invoice is paid.

7.4 One-time projects

For website, software, app and similar projects:

an advance, as specified in your Proposal, is payable before we start work; and
the balance is payable before the website or software goes live or is handed over, unless your Proposal sets out different milestones.

Audits and other one-time services are payable as stated in your Proposal or invoice.

7.5 Payment terms

Invoices are due within 7 days of the invoice date, unless the invoice states otherwise.
Pay only to the bank account or UPI details shown on an official invoice sent from an @vkcreativesagency.com email address. If you receive a request to pay to different details, confirm with us by phone on +91 83720 78028 before paying.
You are responsible for any bank or transfer charges on your side.

7.6 Late payment

If an invoice is not paid on time, we may:

charge interest on the overdue amount as stated in your Proposal or invoice, or as permitted by law;
pause the Services, including active campaigns, if payment is more than 15 days overdue, after giving you notice by email; and
withhold Deliverables, handover or go-live until all overdue amounts are paid.

You are responsible for ad spend and platform charges that build up during any delay you cause. You also agree to pay reasonable costs we incur to recover overdue amounts.

7.7 Third-party costs

Costs charged by third parties, such as domain names, hosting, premium themes or plugins, software licences, stock images, fonts, paid tools and app store fees, are separate from our fees unless your Proposal says they are included. You pay these directly or reimburse us.

7.8 Changes to retainer fees

We may change retainer fees by giving you at least 30 days’ written notice. If you do not agree, you may end the retainer under section 16.

8. Advertising spend

Ad spend is separate from our fees. It is paid to the advertising platforms, such as Meta or Google, not to us.
Wherever possible, ad spend is charged directly to your own payment method in your own ad account.
If we agree to pay ad spend for you, you must pay us that amount in advance.
Ad spend is non-refundable by VK Creatives. Once a platform charges for ads, we cannot recover that money. Any refund, credit or billing dispute with a platform is governed by that platform’s own policies.
You set and approve your ad budget. Platforms may sometimes spend slightly above a daily budget, as their billing rules allow.

9. No guarantee of results

We do not guarantee any specific results. This includes search rankings, website traffic, leads, enquiries, sales, cost per lead, cost per click, return on ad spend (ROAS) or revenue.

Results depend on many things outside our control, such as:

search engine and social media algorithms, which change often;
competition, market conditions and seasonality;
your budget, offer, pricing, website and reviews; and
how quickly and well your team follows up on leads.

As Google itself notes, no one can guarantee a top ranking on Google. Any forecasts, estimates, benchmarks or examples of past results we share are for guidance only and are not promises.

What we do promise is to provide the Services with reasonable skill and care, in line with good industry practice. Apart from that, and to the extent the law allows, we give no other warranties about the Services.

10. Third-party platforms

Many of our Services rely on platforms we do not own or control, such as Google, Meta (Facebook, Instagram and WhatsApp), hosting providers and WordPress plugins. You understand that:

platforms may change their policies, features, algorithms, pricing or reporting at any time;
platforms may disapprove ads, restrict or suspend ad accounts, business profiles or pages, or remove reviews, sometimes without a clear reason; and
platforms may have outages, billing errors or data delays.

We are not responsible for these platform decisions or failures, or for any loss they cause. If an account or ad is restricted, we will make reasonable efforts to help you understand the issue and appeal, but the platform’s decision is final. Your use of each platform is also subject to that platform’s own terms.

11. Website, software and app projects

Hosting and domains: we recommend that domains and hosting accounts are registered in your name. If we register them for you, we will transfer them to you on request once all amounts are paid.
Testing and acceptance: when we deliver a website, software or app for review, please test it and report any defects within 7 days. If you do not report defects within that time, or you start using the Deliverable live, it is treated as accepted. We will fix defects that fall within the agreed scope.
Support and maintenance: post-launch support, maintenance, updates, security monitoring and backups are included only if your Proposal says so. Otherwise, they can be arranged separately.
After handover: once a website or software is handed over, you are responsible for keeping backups, renewing domains, hosting and licences, and keeping software up to date, unless we have agreed to do this under a maintenance plan.
Third-party components: themes, plugins, libraries and APIs made by others may change, stop working or need paid updates. We are not responsible for such changes after handover.
App store approval: approval of apps by Google Play, the Apple App Store or other stores is decided by those stores, and we cannot guarantee it.

12. Intellectual property

12.1 What you own

Once you have paid all amounts due for a project in full, ownership of the final Deliverables we created specifically for you under that project transfers to you. This includes final designs, ad creatives, copy, and custom code written specifically for you, unless your Proposal says otherwise.

Until full payment, we keep ownership, and you may use drafts and Deliverables only to review and test them.

12.2 What we keep

We keep ownership of everything we created or owned before your project, or that we develop for general use, including our tools, frameworks, code libraries, templates, processes, know-how and working files (such as layered design files), unless your Proposal says otherwise.

Where any of these form part of your Deliverables, we give you a non-exclusive, perpetual, royalty-free licence to use them as part of those Deliverables once you have paid in full.

12.3 Third-party materials

Stock images, fonts, themes, plugins and other third-party materials are licensed under their owners’ terms. They do not become your property, and you must follow their licence terms.

12.4 Your materials

You keep ownership of your logos, trademarks, content and data. You give us permission to use them only to provide the Services.

13. Portfolio and publicity

We may show the work we create for you, and your business name and logo, in our portfolio, website, case studies, proposals and social media.

If you do not want this, tell us in writing at contact@vkcreativesagency.com and we will not use it in future materials. We will also remove it from our website and social media within a reasonable time. We will never publish your confidential information or campaign data without your permission.

14. Confidentiality

Each of us may share confidential information with the other, such as business plans, pricing, campaign data, customer data, login access, strategies and unreleased work.

Both of us agree to:

use the other’s confidential information only for the purpose of our work together;
not share it with anyone except team members, freelancers or advisers who need to know and are bound by similar confidentiality duties; and
protect it with reasonable care.

This does not apply to information that is already public (through no fault of the receiving party), was already lawfully known to the receiving party, or must be disclosed by law or court order.

These confidentiality duties continue after our work together ends.

15. Data protection and client data

When you give us access to your ad accounts, Google Business Profile, analytics, website, CRM, or lead or customer data, we handle any personal data in it as your data processor. We will:

use it only to provide the Services and on your instructions;
keep it confidential and limit access to people who need it;
not sell it or use it for our own purposes;
protect it with reasonable security measures;
tell you without undue delay if we become aware of a breach affecting it; and
return or delete it when the Services end, on your request or within a reasonable time, unless the law requires us to keep it.

When the Services end, please also remove our access from your accounts. Our Privacy Policy explains how we handle personal data in more detail.

16. Term and termination

16.1 Retainers

Retainers continue month to month, after any minimum term stated in your Proposal.
Either of us may end a retainer by giving 30 days’ written notice by email.
Fees for the notice period are payable, and we will continue to provide the Services during that period.

16.2 One-time projects

You may cancel a project by written notice. You must pay for work done up to the cancellation date, as set out in our Refund and Cancellation Policy.
If a project is on hold for more than 60 days because we have not received the content, feedback, access or payment we need, we may close the project. Restarting it may require a new quote.

16.3 When we may end or pause the Services

We may pause or end the Services by written notice if:

you do not pay an invoice on time;
you seriously breach these Terms and do not fix the breach within 7 days of our notice;
you ask us to do something unlawful, misleading or against platform policies; or
you or your team behave abusively towards our team.

16.4 What happens when the Services end

You pay all amounts due up to the end date.
Once you have paid in full, we hand over the Deliverables you have paid for.
We return or delete your data as described in section 15.
You remove our access to your accounts, and we stop using them.
Sections that by their nature should continue, such as payment, intellectual property, confidentiality, limitation of liability, indemnity and governing law, continue to apply.

17. Limitation of liability

To the extent the law allows:

Our total liability to you for all claims relating to the Services is limited to the fees you actually paid us for the Services concerned in the 3 months before the event giving rise to the claim. Ad spend and third-party costs are not counted as fees paid to us.
We are not liable for indirect or consequential losses, including loss of profit, revenue, business, goodwill or data, or wasted ad spend.
We are not liable for losses caused by: decisions or failures of third-party platforms (section 10); content, products or information you provide; your delays; or changes made by you or others after handover.

Nothing in these Terms limits liability that cannot be limited under law, such as liability for fraud or wilful misconduct.

18. Indemnity

You agree to compensate us (indemnify us) for losses, damages, penalties and reasonable legal costs we suffer because of:

content, materials or data you gave us, including any claim that they infringe someone else’s rights;
your products, services, offers or claims in ads;
your breach of platform policies or the law, including data protection law; or
your breach of these Terms.

19. Using our website

When using our website, you agree not to:

use it for any unlawful, fraudulent or harmful purpose;
try to hack, disrupt, overload or gain unauthorised access to the website or its server;
upload or send viruses or other harmful code;
scrape, copy or republish our content, designs or code without our written permission;
submit false information, spam, or someone else’s personal data through our forms; or
pretend to be VK Creatives or anyone connected with us.

The content on our website, including text, graphics, logos and design, belongs to us or our licensors and is protected by copyright and trademark law. Content on our website is for general information and may change without notice. See our Disclaimer.

20. Links to other websites

Our website may link to other websites and apps, such as WhatsApp, social media platforms, and tools we mention. We do not control them and are not responsible for their content, availability or privacy practices. A link does not mean we endorse them.

21. Force majeure

Neither of us is responsible for a delay or failure to perform (other than payment obligations) caused by events beyond reasonable control. These include natural disasters, floods, epidemics, war, riots, government actions, strikes, power or internet outages, cyber attacks, and platform-wide outages. The affected party must tell the other promptly and resume performance as soon as possible.

22. Governing law, disputes and jurisdiction

These Terms are governed by the laws of India.

If a dispute arises, please contact us first at contact@vkcreativesagency.com. Both of us will try in good faith to resolve it through discussion within 30 days.

If it cannot be resolved, the courts at Hooghly, West Bengal, India will have exclusive jurisdiction.

23. General

Whole agreement: these Terms and your Proposal are the full agreement between us about the Services, and replace earlier discussions.
Your legal rights: nothing in these Terms affects any rights you have that cannot be excluded by law, including under the Consumer Protection Act, 2019, where it applies.
Severability: if any part of these Terms is found invalid, the rest remains in effect.
No waiver: if we do not enforce a right immediately, we can still enforce it later.
Assignment: you may not transfer your rights under these Terms without our written consent.
Independent parties: we work as an independent service provider. Nothing in these Terms creates a partnership, joint venture or employment relationship.
Notices: notices may be sent by email. Notices to us must be sent to contact@vkcreativesagency.com.

24. Changes to these Terms

We may update these Terms from time to time. The updated version applies from the “Last updated” date shown above. For ongoing clients, changes apply from the next billing period or new Proposal, unless the law requires them sooner.

25. Contact us

VK Creatives Software & Marketing Agency
Subhkiran Residency, Padmapukur, Bhimpur Road, Tarakeswar, Hooghly, West Bengal 712410, India
Email: contact@vkcreativesagency.com
Phone: +91 83720 78028
Website: https://vkcreativesagency.com