Terms & Conditions

AVKreators — Design • Technology • Brand Growth

Website: https://avkreators.com

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “User,” or “you”) and AVKreators (“AVKreators,” “Company,” “we,” “us,” or “our”), an information technology and creative services company operating from Ahmedabad, Gujarat, India.

By accessing or using our website at https://avkreators.com (the “Website”), submitting an enquiry, engaging our services, or entering into a project agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree with any provision herein, please refrain from using our Website or engaging our services.

These Terms should be read in conjunction with our Privacy Policy, which is incorporated by reference and forms part of this agreement.

2. About AVKreators

AVKreators is a full-service design and technology agency providing the following categories of services:

  • AI Services: Designing and building AI-powered solutions that automate workflows, enhance user experiences, and support business decision-making.
  • Creative Design: Brand identity development, design systems, and conversion-driven digital experiences.
  • Digital Marketing: Performance marketing campaigns, brand storytelling, lead generation, and social media strategy.
  • Graphic Design: Marketing materials, digital assets, and visual communication across media.
  • Motion Graphics and Animation: Explainer videos, brand animations, and dynamic visual storytelling for digital platforms.
  • Web Design and Development: Responsive website design, UX strategy, and scalable web development.

Specific terms applicable to individual engagements will be set out in a separate Statement of Work, Service Agreement, or Project Proposal (collectively, “Project Agreement”), which shall take precedence over these Terms in case of conflict.

3. Use of the Website

3.1 Permitted Use

You may use our Website solely for lawful purposes and in accordance with these Terms. You agree to use the Website only to obtain information about our services, contact us with enquiries, read our blog content, and register for our events.

3.2 Prohibited Conduct

You agree not to:

  • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
  • Attempt to gain unauthorised access to any part of the Website, its servers, or any systems or networks connected to the Website.
  • Use automated tools such as bots, scrapers, or data mining software to collect information from the Website.
  • Transmit or upload any viruses, malware, or other harmful code.
  • Engage in any conduct that is fraudulent, defamatory, abusive, obscene, threatening, or violates any applicable law or regulation.
  • Use the Website to solicit or advertise services or products of third parties without our prior written consent.
  • Reproduce, distribute, or publicly display any content from the Website without authorisation.

3.3 Website Availability

We strive to ensure the Website is available at all times; however, we do not guarantee uninterrupted access. The Website may be unavailable due to scheduled maintenance, technical issues, or circumstances beyond our control. We are not liable for any inconvenience or loss arising from Website unavailability.

4. Intellectual Property

4.1 Ownership of AVKreators Content

All content on the Website, including but not limited to text, graphics, logos, images, illustrations, animations, blog articles, case studies, and design assets (collectively, “Website Content”), is owned by or licensed to AVKreators and is protected by copyright, trademark, and other intellectual property laws of India and applicable international treaties.

You may not reproduce, copy, distribute, republish, upload, post, or transmit any Website Content without our prior written permission, except that you may print or download individual pages for your personal, non-commercial reference.

4.2 Client-Owned Deliverables

Upon receipt of full payment for a project, AVKreators assigns to the Client all intellectual property rights in the final deliverables created specifically for that Client and project, as specified in the applicable Project Agreement, except as set out below.

4.3 Reserved Rights

AVKreators retains the following rights regardless of payment:

  • All intellectual property in pre-existing materials, tools, frameworks, templates, or methodologies (“Background IP”) used in creating deliverables.
  • The right to display completed projects in our portfolio and use them for promotional purposes, unless the Client has requested confidentiality in the Project Agreement.
  • All intellectual property in deliverables that are not final, including drafts, concepts, and rejected designs.

Where we use open-source software, third-party stock assets, or licensed tools in a project, their respective licences shall govern the use of such components.

4.4 Client Responsibilities Regarding Third-Party IP

Clients are responsible for ensuring that all content, assets, text, images, trademarks, and other materials provided to AVKreators for use in a project do not infringe the intellectual property rights of any third party. AVKreators accepts no liability for intellectual property infringement arising from Client-provided materials.

5. Client Obligations

In engaging our services, Clients agree to:

  • Provide accurate, complete, and timely information, content, and feedback necessary for us to deliver the agreed services.
  • Designate a point of contact with authority to approve deliverables on behalf of the Client.
  • Respond to requests for feedback, approvals, or additional information within the timelines specified in the Project Agreement.
  • Pay all fees in accordance with the agreed payment schedule.
  • Ensure that all materials provided to AVKreators are lawfully obtained and do not infringe any third-party rights.

Delays caused by the Client’s failure to fulfil these obligations may extend project timelines. AVKreators is not responsible for missed deadlines arising from Client-side delays.

6. Fees, Payment, and Cancellation

6.1 Fees

Fees for our services are as agreed in the applicable Project Agreement or as quoted in our proposals. All fees are quoted in Indian Rupees (INR) unless otherwise agreed in writing. Applicable Goods and Services Tax (GST) will be charged in addition to quoted fees where required by law.

6.2 Payment Terms

Unless otherwise specified in a Project Agreement, our standard payment schedule is:

  • Fifty percent (50%) advance payment prior to commencement of any project.
  • Remaining balance due upon delivery of final deliverables or at the milestone specified in the Project Agreement.

Invoices are payable within fourteen (14) days of issue unless alternative terms are agreed in writing.

6.3 Late Payment

Overdue amounts are subject to interest at the rate of two percent (2%) per month, compounded monthly, from the due date until the date of payment. AVKreators reserves the right to suspend services and withhold delivery of final files until all outstanding amounts are paid in full.

6.4 Cancellation and Refunds

If a Client cancels a project after work has commenced, the following cancellation policy applies:

  • Cancellation within 48 hours of project commencement: Full advance payment is non-refundable.
  • Cancellation after 48 hours: The Client is liable to pay for all work completed up to the date of cancellation, calculated at our standard hourly rate, less any advance already paid. If the value of work completed exceeds the advance, the Client shall pay the difference.

AVKreators reserves the right to cancel a project if the Client fails to provide required materials or approvals for more than thirty (30) consecutive days. In such case, any amounts paid are non-refundable and AVKreators may seek payment for completed work.

6.5 Revision Policy

The number of revision rounds included in a project is as specified in the Project Agreement. Additional revisions beyond the agreed scope will be billed at our standard hourly rate. Revisions do not include changes to the fundamental scope, concept, or direction of a project, which constitute new work and will be priced accordingly.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed in connection with a project. AVKreators will not disclose Client-specific confidential information to third parties without the Client’s prior written consent, except as required by law or as necessary to engage sub-contractors bound by equivalent confidentiality obligations.

This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.

Where a formal Non-Disclosure Agreement (NDA) is required, it will be executed as a separate document and shall govern in addition to this clause.

8. Warranties and Disclaimers

8.1 AVKreators Warranties

AVKreators warrants that:

  • Services will be provided with reasonable skill and care consistent with professional industry standards.
  • Deliverables created by us will not, to the best of our knowledge, infringe the intellectual property rights of any third party (excluding Client-provided materials).
  • We will comply with all applicable laws and regulations in the provision of our services.

8.2 No Guarantee of Results

AVKreators does not warrant or guarantee specific outcomes from our services, including but not limited to particular levels of website traffic, search engine rankings, conversion rates, revenue, or business growth. Digital marketing, SEO, and performance outcomes depend on numerous variables outside our control.

8.3 Website Disclaimer

The Website and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, AVKreators makes no warranties, express or implied, regarding the Website, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Website will be error-free, secure, or uninterrupted.

9. Limitation of Liability

To the fullest extent permitted by applicable law, AVKreators shall not be liable to you or any third party for:

  • Any indirect, incidental, special, consequential, or punitive damages arising from your use of our Website or services.
  • Loss of profits, revenue, data, business opportunity, goodwill, or reputation.
  • Damages arising from reliance on information on the Website.
  • Delays, interruptions, errors, or omissions in the delivery of services caused by circumstances beyond our reasonable control.

Where liability cannot be excluded by law, our total aggregate liability to you shall not exceed the total fees paid by you to AVKreators in the three (3) months immediately preceding the event giving rise to the claim.

10. Force Majeure

AVKreators shall not be liable for any delay or failure to perform its obligations under these Terms or any Project Agreement where such delay or failure arises from circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, power outages, internet disruptions, or other events of force majeure. In such circumstances, we will notify you promptly and the affected obligations shall be suspended for the duration of the force majeure event.

11. Indemnification

You agree to indemnify, defend, and hold harmless AVKreators, its directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

  • Your breach of these Terms.
  • Your use of the Website or our services in violation of applicable law.
  • Any claim that Client-provided content or materials infringe the rights of a third party.
  • Any wilful misconduct or negligence on your part.

12. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms. These links are provided for your convenience only and do not constitute our endorsement of such third parties. We have no control over the content, practices, or policies of third-party sites and accept no liability for any loss or damage arising from your use of them.

13. Events and Webinars

Registrations for AVKreators digital events and webinars are subject to availability. We reserve the right to reschedule, modify the format of, or cancel events at our discretion. In the event of cancellation, registered participants will be notified and any fees paid will be refunded.

Content presented at our events is for informational purposes only and does not constitute professional advice.

14. Blog and Editorial Content

Blog articles and editorial content published on our Website are provided for general informational and educational purposes only. Such content does not constitute professional advice and should not be relied upon as a substitute for professional guidance relevant to your specific situation. AVKreators makes no representations as to the accuracy, completeness, or timeliness of blog content.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.

15.2 Dispute Resolution

Before initiating legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.

If the dispute cannot be resolved through negotiation, it shall be submitted to arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in English, seated in Ahmedabad, Gujarat. The decision of the arbitrator(s) shall be final and binding on both parties.

16. Modifications to These Terms

AVKreators reserves the right to modify these Terms at any time. Modified Terms will be posted on the Website with an updated effective date. Your continued use of the Website or our services after the revised Terms are posted constitutes your acceptance of the changes. We recommend that you review these Terms periodically.

For material changes affecting ongoing client engagements, we will provide written notice at least fourteen (14) days in advance.

17. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

A party’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision, nor shall it prevent that party from enforcing the same right or provision in the future.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Project Agreement, constitute the entire agreement between you and AVKreators with respect to the subject matter herein and supersede all prior agreements, negotiations, representations, and understandings between the parties.

19. Contact Information

If you have questions about these Terms, wish to report a concern, or need to contact us for any legal matter, please reach out to us at:

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