Legal & Policies

Terms of Service

Effective Date: Janualy 01, 2026 | BLU Creativity

01. Scope of Services & Engagement 02. Client Responsibilities & Professional Compliance 03. Communication Protocols & Hours 04. Fees, Expenses & Payments 05. Intellectual Property & AI Content 06. Website Hosting & Security 07. Performance & No Guarantees 08. Confidentiality & Data Privacy 09. Non-Solicitation of Talent 10. Retainers & Cancellation 11. Third-Party Platforms 12. Force Majeure 13. Limitation of Liability & Indemnity 14. Governing Law & Jurisdiction 15. Contact Information

Welcome to BLU Creativity. These Terms of Service ("Terms") govern access to and use of our website, as well as all marketing, branding, digital design, social media management, search engine optimization (SEO), website development, and advisory services (collectively, "Services") provided by BLU Creativity.

If you are entering into these Terms on behalf of a corporate entity, sole proprietorship, partnership, or as an individual professional (e.g., medical practitioner, chartered accountant, or independent consultant), you represent that you have full legal capacity and authority to bind yourself or your business entity to these Terms.

1.1. Proposals & Statements of Work (SOW): Specific deliverables, timelines, payment schedules, and performance expectations will be set forth in a Statement of Work (SOW), Proposal, Cost Estimate, or Retainer Agreement executed in writing (including digital acceptance, electronic signature, or email confirmation).

1.2. Modifications & Scope Creep: Any request by the Client to add, modify, or expand deliverables beyond the agreed SOW ("Scope Creep") will require a written revision and may incur additional agency fees and timeline adjustments.

2.1. Asset & Content Provision: The Client agrees to provide all necessary logos, high-resolution media, brand assets, business information, copy, and timely feedback required for BLU Creativity to perform the Services.

2.2. Regulatory & Professional Compliance:

Individual professionals (including doctors, medical practitioners, chartered accountants, financial advisors, legal professionals) and regulated businesses acknowledge that their respective professions are subject to specific statutory advertising regulations, ethical codes, and promotional restrictions (e.g., Medical Council / National Medical Commission rules, ICAI regulations).
The Client carries sole responsibility for ensuring that all marketing strategies, ad copy, claims, medical/financial disclaimers, credentials, and published content provided to or approved by BLU Creativity comply with applicable industry codes and statutory guidelines.

2.3. Final Proofing & Sign-Off: The Client must thoroughly review and approve all creative work, web copy, advertisements, print proofs, and digital assets prior to public deployment or production. BLU Creativity is not liable for errors, typos, or omissions once final Client approval is granted.

2.4. Effect of Delays: BLU Creativity depends on prompt Client responses. If project execution is delayed due to pending Client feedback, approvals, or missing assets, project timelines will extend automatically by the duration of the Client-caused delay.

3.1. Official Channels: Official project communications, revision requests, file sharing, and formal sign-offs must be conducted via email or designated project management software.

3.2. Business Hours: Standard operational hours are Monday through Friday, 9:30 AM – 6:30 PM IST (excluding public holidays in Telangana/India). Communications sent via instant messaging apps (e.g., WhatsApp) or outside standard business hours will be reviewed on the following business day.

4.1. Payment Terms: Payment milestones will be specified in your SOW or invoice. For sole proprietors, independent professionals, and project-based assignments, an advance deposit is required prior to project kickoff.

4.2. Third-Party & Media Expenses: Agency fees cover creative labor and strategy only. External expenses—including digital advertising spend (Meta, Google, LinkedIn), stock media licenses, domain registration, web hosting, third-party software/SaaS tools, and physical printing—are the sole financial responsibility of the Client and shall be paid directly by the Client or billed separately.

4.3. Taxes: All fees are exclusive of applicable Indian taxes, including Goods and Services Tax (GST), which will be added to invoices as required by law.

4.4. Late Payments & Work Suspension: Overdue invoices may incur interest at the rate of 1.5% per month (or the maximum allowed by law). BLU Creativity reserves the right to pause ongoing work, withhold final source deliverables, or temporarily suspend live digital management in the event of non-payment.

5.1. Final Deliverables Transfer: Upon receipt of full and final payment for all related invoices, BLU Creativity transfers exclusive usage and ownership rights for the final, approved creative deliverables created specifically for the Client under the agreed SOW.

5.2. Preliminary Work & Source Files: BLU Creativity retains full ownership of all unused preliminary concepts, draft designs, rejected ideas, working wireframes, and raw project files, unless explicitly agreed otherwise in writing.

5.3. AI Content Disclosure: BLU Creativity may utilize artificial intelligence (AI) software and generative tools during brainstorming, research, or creative production. Final deliverables feature human-directed design, strategy, and synthesis. Where third-party AI assets are incorporated, rights are transferred subject to the terms and underlying platform technology licenses.

5.4. Portfolio & Promotional Rights: BLU Creativity reserves the right to display completed projects, designs, brand transformations, and the Client’s logo within our portfolio, case studies, website, social media, and industry award submissions, unless restricted by a signed Non-Disclosure Agreement (NDA).

5.5. Client Warranties: The Client guarantees that all materials (images, trademarks, logos, copy, credentials) provided to BLU Creativity are owned by the Client or properly licensed, and do not infringe upon any third-party intellectual property or privacy rights.

Unless explicitly covered under a separate, active Web Maintenance & Security Retainer Agreement, BLU Creativity is not responsible for ongoing website maintenance, security updates, malware removal, backup restoration, server outages, or fixing code breakage caused by third-party plugin updates, hosting migrations, or unauthorized Client edits following final handoff and sign-off.

While BLU Creativity applies industry best practices to execute marketing, branding, and optimization campaigns, we do not guarantee specific monetary returns, sales volumes, search engine rankings, conversion rates, or lead quantities. Campaign performance relies on external factors beyond agency control, including market conditions, Client pricing, sales team follow-up efficiency, product/service demand, and third-party ad platform algorithm updates.

8.1. Mutual Confidentiality: Both parties agree to protect and keep confidential all non-public business strategies, trade secrets, financial details, and proprietary information disclosed during the engagement.

8.2. No Sensitive Third-Party Data: Clients operating in medical, legal, or financial sectors agree not to provide BLU Creativity with confidential patient data (PHI), medical records, or sensitive financial client records. Personal contact information collected during marketing campaigns will be handled in accordance with applicable Indian data protection regulations (including the Digital Personal Data Protection Act).

During the term of engagement and for a period of twelve (12) months following project completion or contract termination, the Client agrees not to directly or indirectly solicit, recruit, hire, or engage as an independent contractor any employee, designer, developer, or contractor of BLU Creativity who was involved in executing Services for the Client, without prior written consent and payment of a mutually agreed talent recruitment fee.

10.1. Monthly Retainers: Monthly marketing, SEO, or branding retainers require a minimum 30 days' written notice prior to the next billing cycle for cancellation.

10.2. Termination for Cause: Either party may terminate an agreement immediately if the other party commits a material breach that remains uncured for fourteen (14) days after written notification.

10.3. Payment Upon Early Termination: If the Client cancels a project prior to completion, BLU Creativity shall be compensated for all hours worked, completed milestones, and non-refundable third-party commitments incurred up to the date of cancellation. Initial deposits are non-refundable once project work has commenced.

BLU Creativity relies on external platforms (e.g., Meta Ads, Google Ads, LinkedIn, WordPress, Shopify, web hosting infrastructure). BLU Creativity is not liable for account suspensions, policy enforcement, ad account rejections, algorithm changes, server downtime, or platform policy shifts dictated by these independent third parties.

Neither party shall be liable for failure or delay in performing its obligations under these Terms if such delay or failure results from events beyond reasonable control ("Force Majeure"), including natural disasters, acts of government, internet/infrastructure outages, power grid failures, civil unrest, or global health emergencies. Affected project deadlines will automatically extend by the duration of the Force Majeure event.

13.1. Limitation of Liability: To the maximum extent permitted by applicable Indian law, BLU Creativity shall not be liable for any indirect, incidental, special, or consequential damages—including loss of profits, revenue, practice reputation, business disruption, or third-party regulatory fines—arising out of or related to our Services.

13.2. Maximum Cumulative Liability: BLU Creativity’s total cumulative monetary liability under any claim or agreement shall not exceed the total agency fees actually paid by the Client to BLU Creativity for the specific service giving rise to the claim in the preceding three (3) months.

13.3. Indemnification: The Client agrees to defend, indemnify, and hold harmless BLU Creativity, its directors, employees, and associates against any claims, losses, damages, or legal fees resulting from Client-provided materials, illegal business practices, professional misconduct claims, or breach of regulatory advertising rules.

14.1. Governing Law: These Terms shall be governed by and interpreted in accordance with the laws of India.

14.2. Dispute Resolution: In the event of any dispute, the parties agree to make a good-faith attempt to resolve the matter through amicable negotiation. Unresolved disputes shall be subject to the exclusive jurisdiction of the competent courts located in Hyderabad, Telangana, India.

For any legal notices, queries, or project discussions, please contact us at:

BLU Creativity

Email: info@blucreativity.in

Website: www.blucreativity.in